Evidence of Assets I-864

[DeadFish 1]

Background Info:

My income for 2016 was from living abroad and was below the poverty level for a household of 2,  by $4 grand. ( $18k)   I am the petitioner for my wife. 

My financial assets ( bank accounts, brokerage accounts) put me above the financial requirement  ( I did the math, that the I-864 form says to follow.) 

 

To the IRS, I submitted a Form-2555EZ ( Foreign earned income Exemption) with my tax filing for 2016, since I was out of the country for 95% of the year, and below annual income of $101k to qualify for the exemption.

 

I have been waiting for my IRS 2016 Tax Transcript, its the only document I have been waiting for to submit all of documents to NVC. 

                But, I know that my income for 2016 is below poverty level, and I wish for my assets to represent that I can fulfill my contract of I-864. 

 

Two Questions:

1. Do I still have to wait for this IRS Transcript?

 

Even though its my assets I wish to demonstrate financial requirement met.

Before you suggest getting the other previous year tax transcripts ( I did),,,,but, I do not wish to submit my previous income tax (2014,15) , since again... I lived overseas with my wife, and my income does not beat the poverty level. 

i-864 says they want previous year, the additional tax info is a suggestion.

 

2. They require proof of ownership of assets,  I really do not want to just hand over the account numbers to this asset. Do I have to?

 

and this worries me a bit - I can show them a statement with our names on it as owners of the asset. However,

Will they be satisfied with a document without the account numbers? Why would they need these account numbers, if I get sued ( highly doubtful), then I would get the full force of compliance to the contract... but not NOW.

Or just give it up, since its the government. 

 

        When we did I-130, I remember blocking out and white out the account number of an asset to show we had dual bank account asset ownership with our names on it, as proof for legitimacy of our marriage. 

 

Thanks in advance! 

 

 

 

[Suss&Camm 2,213]

3 hours ago, DeadFish said:

Background Info:

My income for 2016 was from living abroad and was below the poverty level for a household of 2,  by $4 grand. ( $18k)   I am the petitioner for my wife. 

My financial assets ( bank accounts, brokerage accounts) put me above the financial requirement  ( I did the math, that the I-864 form says to follow.) 

Is your foreign income continuing after move to the US? If not,  it does not count towards the income requirement. The poverty line is compared against your current anticipated ongoing US income. Not what you made previously.

 

3 hours ago, DeadFish said:

 

To the IRS, I submitted a Form-2555EZ ( Foreign earned income Exemption) with my tax filing for 2016, since I was out of the country for 95% of the year, and below annual income of $101k to qualify for the exemption.

Clarification: The $101k is not a qualification requirement for the exclusion. It is a maximum amount of income that can be excluded.

 

3 hours ago, DeadFish said:

 

I have been waiting for my IRS 2016 Tax Transcript, its the only document I have been waiting for to submit all of documents to NVC. 

                But, I know that my income for 2016 is below poverty level, and I wish for my assets to represent that I can fulfill my contract of I-864. 

 

Two Questions:

1. Do I still have to wait for this IRS Transcript?

You never have to wait for the transcript. You can file with a copy of the return and everything filed with it as well, but yes you do need to submit the tax documents you are using for 19a.

 

3 hours ago, DeadFish said:

 

Even though its my assets I wish to demonstrate financial requirement met.

Before you suggest getting the other previous year tax transcripts ( I did),,,,but, I do not wish to submit my previous income tax (2014,15) , since again... I lived overseas with my wife, and my income does not beat the poverty level. 

i-864 says they want previous year, the additional tax info is a suggestion.

Yes, it's true you don't have to supply the transcripts/return. You do have to enter amounts for the last 3 years in 19a-c though.

 

3 hours ago, DeadFish said:

 

2. They require proof of ownership of assets,  I really do not want to just hand over the account numbers to this asset. Do I have to?

 

and this worries me a bit - I can show them a statement with our names on it as owners of the asset. However,

Will they be satisfied with a document without the account numbers? Why would they need these account numbers, if I get sued ( highly doubtful), then I would get the full force of compliance to the contract... but not NOW.

Or just give it up, since its the government. 

 

        When we did I-130, I remember blocking out and white out the account number of an asset to show we had dual bank account asset ownership with our names on it, as proof for legitimacy of our marriage. 

 

Thanks in advance! 

 

 

 

You can block out whole or parts of account numbers. You can get a bank (or whatever other is appropriate) official also to write an official letter to verify ownership as extra proof if you like. 

[DeadFish 1]

3 hours ago, Suss&Camm said:

Is your foreign income continuing after move to the US? If not,  it does not count towards the income requirement. The poverty line is compared against your current anticipated ongoing US income. Not what you made previously.

Thank you for your reply... below are my responses.

 

I am the partitioner, not the principal immigrant.... My foreign income will not be continuing, I am moving back to the USA. I have lived abroad for over 7 years.

Below US poverty level... abroad.  ( gosh, that sounds terrible, but I am very comfortable.) 

 I also will be enclosing a letter of employment for a job position that I accepted on my return to the USA. $50K, , which I guess would go towards anticipated ongoing US income? also additional proof that I have maintained USA domicile.

It is to my understanding, that if I was listing the income of the principal immigrant as an asset to be considered-  the foreign income continuation proof would need to be explained:

 

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

 

but this is not the case, I am not putting any of the principal immigrant's income as a asset.

 

 

3 hours ago, Suss&Camm said:

Clarification: The $101k is not a qualification requirement for the exclusion. It is a maximum amount of income that can be excluded.

Yes, I understand that. I am just explaining that I qualified for the exemption. 

 

3 hours ago, Suss&Camm said:

You never have to wait for the transcript. You can file with a copy of the return and everything filed with it as well, but yes you do need to submit the tax documents you are using for 19a.

 

Are you saying that I can submit a copy of my 2016 1040 Federal Income Tax form? Even though it has not been accepted / cleared IRS? 

The IRS Transcript is the first thing on the list. I assume its most important. 

3 hours ago, Suss&Camm said:

You can get a bank (or whatever other is appropriate) official also to write an official letter to verify ownership as extra proof if you like. 

That's a great idea, Thank you. 

 

[Suss&Camm 2,213]

5 minutes ago, DeadFish said:

Thank you for your reply... below are my responses.

 

I am the partitioner, not the principal immigrant.... My foreign income will not be continuing, I am moving back to the USA. I have lived abroad for over 7 years.

Below US poverty level... abroad.  ( gosh, that sounds terrible, but I am very comfortable.) 

 I also will be enclosing a letter of employment for a job position that I accepted on my return to the USA. $50K, , which I guess would go towards anticipated ongoing US income? also additional proof that I have maintained USA domicile.

Yes, I am aware that you are the petitioner. The rule about ongoing US income applies to you. You can not use foreign income that will be discontinued, and you can not use a job that you have not yet started. You will either have to go back and work for a while to be able to provide evidence of the anticipated income, mainly some pay stubs, other than the letter, or you will need a co-sponsor at this stage. You do simply not have enough evidence of your anticipated income before starting the job and receiving pay.

 

5 minutes ago, DeadFish said:

It is to my understanding, that if I was listing the income of the principal immigrant as an asset to be considered-  the foreign income continuation proof would need to be explained:

 

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

 

but this is not the case, I am not putting any of the principal immigrant's income as a asset.

I'm not talking about the immigrant's anything.

 

5 minutes ago, DeadFish said:

Yes, I understand that. I am just explaining that I qualified for the exemption. 

It's an exclusion

 

5 minutes ago, DeadFish said:

 

Are you saying that I can submit a copy of my 2016 1040 Federal Income Tax form? Even though it has not been accepted / cleared IRS? 

Yes, you can, but it is only valid along with all schedules, forms etc that was filed with it. The 1040 will have the filing date on it even if you have yet to receive the transcript. I supplied copy of 1040 + w2 and had no problems.

 

 

[DeadFish 1]

With regards to income:

I been living abroad for 7 years. But for the sake of this AOS, I wouldn't have any W2s to show income going back 3 years. Yes, I filed Income tax every year. 

Optionally, I can show proof of assets. towards qualifying for AOS. Assets are liquid: Bank and Brokerage accounts.   But in your opinion, that is not enough, I will still need a sponsor? 

Even if the assets are above the poverty level for a household of 2 by quite allot? 

 

How did you come to that conclusion? 

[DeadFish 1]

125% of  $20,020 = $25025

 

My liquid assets are far above this amount. 

 

I just wanted to add this information, so we are talking about the same figure amount. 

[Suss&Camm 2,213]

18 minutes ago, DeadFish said:

With regards to income:

I been living abroad for 7 years. But for the sake of this AOS, I wouldn't have any W2s to show income going back 3 years. Yes, I filed Income tax every year. 

Optionally, I can show proof of assets. towards qualifying for AOS. Assets are liquid: Bank and Brokerage accounts.   But in your opinion, that is not enough, I will still need a sponsor? 

Even if the assets are above the poverty level for a household of 2 by quite allot? 

 

How did you come to that conclusion? 

 

You may use assets. I have not mentioned assets. If assets are used they will have to cover the income that is missing x3. I did not arrive at the conclusion about income. USCIS does not care that you have been living abroad (except for domicile concerns, but you have already addressed this). It is solely a matter of you starting a new job. It is up to the sponsor to prove their anticipated income for a present year. Before you have started a job, you do not have any evidence of an anticipated income. 

 

" Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income"

 

Before starting a job, you do not have a "current annual income". The job you had abroad is not contributing towards any current annual income. It was your past income. This you have to provide to show you have filed taxes and if you were continuing the same employment it would go towards showing ability to maintain income.

 

Evidence of current income that is based on a new employment usually requires, employment letter and 6 months worth of paystubs.

[DeadFish 1]

5 minutes ago, Suss&Camm said:

You may use assets. I have not mentioned assets. If assets are used they will have to cover the income that is missing x3.

My assets cover the poverty level x3.   

 

Thank you for your fast responses! 

 

[Michael and Ganna 104]

We used assets only.....I show negative on my taxes. If you would like to know more, I will share with you in a PM but not in the open forum....let me know

[Villanelle 4,122]

125% for 2 people is 20,300.... https://www.uscis.gov/i-864p

 

Also are you using cash in a bank account as an asset? Where did it come from? Im not trying to be rude or pry but you state youve been living overseas for many years earning less then the poverty guidelines- and then you claim to have greater then 75k "cash on hand". USCIS is going to want to see where it came from when the math doesnt add up. Have you had the money in an account for a long time? A year? Is it a US account? Using assets can be tricky!

 

[DeadFish 1]

1 hour ago, Damara said:

Have you had the money in an account for a long time? Yes.