I-864 Foreign Exclusion makes income zero, can I still sponsor?

[Brazilian1901 12]

I know this question has been asked many times, but I couldn't find a case like mine. I make over double the needed amount to bring my wife to the US. My income is US based and paid in dollars to my US bank account, but I have lived in Brazil for the past five years (really long telecommute). I have US W-2s and will continue with my same job upon arrival back to the US (in fact we are moving back at my job's request). I have filed taxes for the last five years abroad but with an Adjusted Gross Income of 0 or even negative due to the foreign exclusion. My W-2s and salary declared on my tax forms show more than sufficient income and I can get a letter from my current employer that states I will continue with them in the US. I am just worried about putting 0 or even a negative number on my I-864 for AGI, anyone have any experience with this? As my job has always paid in dollars and I will continue with it and make well over what I need am I still able to be the sole sponsor of my wife? Thanks and sorry if this is a repeat, I read lots of threads and didn't find a case like mine.

Sorry realize this should be in the NVC forum, but can't figure out if I can move it myself.

Edited May 16, 2016 by Brazilian1901

[NikLR 13,227]

You cant move it yourself.

You will need a letter from your job stating that your employment will continue along with pay stubs showing you've been paid and how much. You can also include a letter stating why your income on your tax returns is zero.

[Brazilian1901 12]

Thanks, my tax form shows what I earned and then deducts it all. I have a letter and W-2s, just was a bit confusing as to how it works. Appreciate the help.

[Elf 146]

* Moving topic from IR-1/CR-1 forum to NVC forum *

* Question relates to that stage of the process *

OP - if you think you've posted a question in the wrong forum, you can always hit the report link in the lower right corner and ask the mods to move it for you :-)

[Brazilian1901 12]

* Moving topic from IR-1/CR-1 forum to NVC forum *

* Question relates to that stage of the process *

OP - if you think you've posted a question in the wrong forum, you can always hit the report link in the lower right corner and ask the mods to move it for you :-)

Thanks, sorry about that

[fmirandam 7]

My husband is also living in Brazil and he filed a I-864 with a zero income exactly for the same reason as you mentioned. We decided to have a joint sponsor because his income was solely from Brazil and obviously would not continue when we move back to the US. With his I-864 he explained why his income is zero in the tax return but is not zero in his I-864. I believe in our situation this amount wouldn't matter much because we are not using it to qualify for sponsorship.

In your case you can provide all available evidence to prove that your income is enough (pay stubs and W2) and a letter explaining the discrepancy in your tax return.

[ShadowCat170 0]

You seem to be my twin - I was in the exact same situation and successfully sponsored my husband. We're in the U.S. now.

I have my own U.S.-based business and I make well above the minimum amount to sponsor, but I'd lived in Brazil for 6 years and I also took the foreign exclusion.

I explained this in the comments section of the Affadavit of Support, and I also attached bank statements showing my income. Your W-2s and employer letter should be fine - in fact, even better, since you're not self-employed like me :-)

In the interview, the officer did ask us about it - "I see here your AGI is negative, why is that?" - and I explained the situation and said that I really make $XX,XXX/year and this salary will continue after our move to the U.S. He then asked if my company was incorporated in the U.S. (yes) and if my bank accounts were in the U.S. (yes). He then said, "Good enough" and approved us.

Hope this helps! Boa sorte!

[Brazilian1901 12]

Thanks!!