Question on i-864 annual individual income & 1040 tax return form

[katie2016 1]

Hi everyone,

I just became a member of VJ, but I've been reading these forums and got a lot of help for getting ready for my CR-1 visa interview docs.

My husband and I have been preparing the documents for the interview all by ourselves, and the affidavit of support i-864 and evidence of income part is very confusing....I tried to search questions and answers for my case, but everyone's case is different, I couldn't find the answers that fit my case.. and my interview is on Thursday this week!!!! Apologies in advance for asking so many questions, but I need to know these answers ASAP..

Here's my situation:

I'm a Korean citizen and my husband is a U.S. citizen and we met in China while working in an international school in Beijing. My husband has been working at this school since 2013, and our school has organization in the U.S. and China, and teacher's salary is paid partially from the organization in U.S. and partially from China, but both deposits go into his bank account in U.S.

He has done his tax returns for last 3 years(2013, 2014, 2015), and for 2015 tax return, he filed the foreign income as well, which in his 1040 form on line 21 for other income, it states "See Line 21 statement" with the amount of "-21,792", and at the back of the document it shows his "Form 2555-Foreign earned Inc/Housing Excl" and the amount is "-50,000", and below that, it shows "Foreign Income" with amount of "28, 208", and so, the total amount is "-21,792." And then, On Line 22, for the total income amount is stated as "0".

Here are my questions -

1. For i-864, Part 6, Question #2 for "My current individual annual income is", do I put the amount from his current year's contract? As you may guess, teacher's contract doesn't quite align with the tax year, which goes from September to June, the following year. The letter of employment he got from his principal states this current "school year's" annual salary amount, and his salary got raised since June this year. I'm not sure if I should put the amount from his contract of this school year, or total amount that's added up from January til December of 2016. Another confusing part is that his tax return was done until 2015, is the answer on question #2 relevant to the answers on question #19a-c on Part 6?

2. For his evidence of income, we've prepared 1) Income tax returns 2013~2015, 2) Letter of employment with current employment contract, 3) paystubs for last 6 months, 4) proof of domicile - copy of his passport, copy of his driver's license, and his bank statement with his current US address. Are these good enough??

3. For question on Part 6, #19a.~c.: I put tax year 2015, 2014, 2013. And the amount for tax year 2015, the total income amount that shows on 1040 form, line 22 is "0" like I stated above. Is it right that I put down "0" for this total income amount? If yes, is there gonna be any problem without any joint sponsor even though his actual annual salary amount is above the amount on poverty guidelines?

4. In addition to question 2, if my husband cannot be the only sponsor, which way is it easy&safe? To add my assets from my savings account from Korea or have his mother be a joint sponsor? we've already collected her tax return information just in case. If having his mother as a joint sponsor, what other information do we need to prepare other than i-864A, her tax return forms? are there any other documents need for a joint sponsor?

5. If I need my assets to support with this affidavit, are my bank statements enough? How much assets do I need to show to support his situation?

If you guys know answers to any of these questions I have, It'll be a HUGE help!

Hopefully I can work it out among the documents that we have prepared, I'll have time to get stuff ready, and have some kind of peace in mind to have answers before going into the interview.. This has to work at one shot!!

Please HELP.

Thank you all in advance!

Edited November 14, 2016 by katie2016

[Alexistara 7]

Hi everyone,

I just became a member of VJ, but I've been reading these forums and got a lot of help for getting ready for my CR-1 visa interview docs.

My husband and I have been preparing the documents for the interview all by ourselves, and the affidavit of support i-864 and evidence of income part is very confusing....I tried to search questions and answers for my case, but everyone's case is different, I couldn't find the answers that fit my case.. and my interview is on Thursday this week!!!! Apologies in advance for asking so many questions, but I need to know these answers ASAP..

Here's my situation:

I'm a Korean citizen and my husband is a U.S. citizen and we met in China while working in an international school in Beijing. My husband has been working at this school since 2013, and our school has organization in the U.S. and China, and teacher's salary is paid partially from the organization in U.S. and partially from China, but both deposits go into his bank account in U.S.

He has done his tax returns for last 3 years(2013, 2014, 2015), and for 2015 tax return, he filed the foreign income as well, which in his 1040 form on line 21 for other income, it states "See Line 21 statement" with the amount of "-21,792", and at the back of the document it shows his "Form 2555-Foreign earned Inc/Housing Excl" and the amount is "-50,000", and below that, it shows "Foreign Income" with amount of "28, 208", and so, the total amount is "-21,792." And then, On Line 22, for the total income amount is stated as "0".

Here are my questions -

1. For i-864, Part 6, Question #2 for "My current individual annual income is", do I put the amount from his current year's contract? As you may guess, teacher's contract doesn't quite align with the tax year, which goes from September to June, the following year. The letter of employment he got from his principal states this current "school year's" annual salary amount, and his salary got raised since June this year. I'm not sure if I should put the amount from his contract of this school year, or total amount that's added up from January til December of 2016. Another confusing part is that his tax return was done until 2015, is the answer on question #2 relevant to the answers on question #19a-c on Part 6?

2. For his evidence of income, we've prepared 1) Income tax returns 2013~2015, 2) Letter of employment with current employment contract, 3) paystubs for last 6 months, 4) proof of domicile - copy of his passport, copy of his driver's license, and his bank statement with his current US address. Are these good enough??

3. For question on Part 6, #19a.~c.: I put tax year 2015, 2014, 2013. And the amount for tax year 2015, the total income amount that shows on 1040 form, line 22 is "0" like I stated above. Is it right that I put down "0" for this total income amount? If yes, is there gonna be any problem without any joint sponsor even though his actual annual salary amount is above the amount on poverty guidelines?

4. In addition to question 2, if my husband cannot be the only sponsor, which way is it easy&safe? To add my assets from my savings account from Korea or have his mother be a joint sponsor? we've already collected her tax return information just in case. If having his mother as a joint sponsor, what other information do we need to prepare other than i-864A, her tax return forms? are there any other documents need for a joint sponsor?

5. If I need my assets to support with this affidavit, are my bank statements enough? How much assets do I need to show to support his situation?

If you guys know answers to any of these questions I have, It'll be a HUGE help!

Hopefully I can work it out among the documents that we have prepared, I'll have time to get stuff ready, and have some kind of peace in mind to have answers before going into the interview.. This has to work at one shot!!

Please HELP.

Thank you all in advance!

Hi ~ I am a bit confused by how your husband could end up with negative income on his income tax return. But I am not very familiar with foreign income tax. My understanding of the intent of the I-864 is to ensure that once in the U.S. you will not become a financial burden to the country. Thus, a US Citizen is guaranteeing to support you for 5 years, this is normally shown by having a job in the U.S. which you are paid above the 125% threshold or have significant U.S. liquid assets.

1. It doesn't matter what the length of the employment contract is. This question wants to know how much U.S. income the sponsor has made year-to-date, January to November. I believe you can only use the U.S. portion of his income you mentioned prior. #2 is in reference to year-to-date 2016 income #19 is in reference to the 3 previous years.

2. This is more than enough to verify your claims of #2 & #19

3. $0 is correct based on your explanation of his 1040. This will be a red flag and may mean you need a co-sponsor. It will depend of whether your husband is expecting to meet the threshold this year, and can show that last year was a glitch. Or if he has enough liquid assets. Having a U.S. job lined up for 2017 for both of you would help your case. If he has consistently met the threshold throughout his working life a copy of his social security statement can also show that 2015 was not a normal return for him.

4. I'm not sure on the specifics of using your assets, I have heard they won't always take this into account. I recommend having everything together to have his mom be the co-sponsor; for the interview they want the original signed copy in most countries. If you do not have this for your mother-in-law; I believe you can give them a copy and they will hold your case until you can get a signed copy sent. I didn't need a I-864A but would imagine the instructions would say what information they need. Definitely her tax returns and possibly bank statements, if she is using her assets also.

5. If they conclude that his income is $0, your liquid assets will need to be 125% of the poverty guidelines times 5 years.

If you are unable to accomplish all of this prior to Thursday, submit everything you have. They most likely will put you on AP and wait for you to provide the necessary information for them to complete your case.

Also, I am assuming that you are planning on moving to the U.S. next summer...I am pretty sure your visa expires after 6 months.

Good Luck! I hope I was of some help.

[katie2016 1]

Hello Alexistara,

Thank you for your reply.

It helped me a little bit for my confusing part. It looks like I'll have to rely on my mother-in-law's information...

However, to get the clear idea just in case, for your answer on question #5, you said my liquid assets will need to be 125% of the poverty guidelines times 5 years, does this mean my liquid assets need to show the 125% amount for 2 household members x 5? ($20,025 * 5 = $100,125)

If this is true, this does not make sense.... because I read it somewhere that it should be multiplied by 3. could you tell me which one is correct?

[Eaglo 0]

Katie... Katie, Katie, Katie...

Alright, 125% of 1 is 1.25. So is the poverty guideline is $10,000, you need to make $12,500 to be eligible.

https://aspe.hhs.gov/2015-poverty-guidelines#guidelines

Here's the guideline for 2015, and my little breakdown below.

The CR1 means you're married, so you've got (2) people in your household -- unless you have children. The poverty guideline is $15,930, 100% of that is $15,930, 125% is $19,912.50. It isn't that prohibitive.

When Americans work abroad and make money, their taxes work a little differently. There is a $95,100 tax credit for an American working abroad. It makes us a little more desirable to hire (thanks Uncle Sam). That being said, you start the beginning of the year with -$95,100. If your husband is showing an income of -$55,000 it COULD mean that he made 40k while working abroad.

That being said, you need to look at how much money he actually reported as income. What did the job pay him before you even did your taxes? If that number is $40,000 then write $40,000.

[katie2016 1]

Thanks guys for your kind answers!

I had my interview yesterday, and the worries I had with the affidavit of support documents were just unnecessary!!

My visa has been approved, and the consular did not have any concerns about my husband's income amount.

Woot woot!!!!!! I am now just waiting for my passport to be delivered with my visa page!