i-864 form - how to deal with total income if used foreign earned income exclusion

[americanninja 0]

So I have completed all fields on the I-130, I-130A, and I-864 except the total income related to tax returns section (part 6, item 24.a.). 

 

Now, I find this a bit strange, but according to the instructions, I would fill out this form but appear as though my total income is very low compared to what it actually is, and I'm concerned it will impact the evaluation of my income and ability to sponsor my wife, as it misrepresents my total income due to the Foreign earned income exclusion. So how is this handled?

 

For example, someone that makes well over $150k, uses the foreign earned income exclusion, which is now $102,100 for 2017 tax year. This plus the other deductions available to someone living overseas, could result in line 22 be something around $15,000 or possible $0. So this obviously paints an incorrect picture of the situation. I assume the USCIS know this, so what is should be filled out in this section of hte I-864 form? Just put whatever is in line 22, can you put the total in line 7 on a 1040 form? Or do you just put the value on line 22. 

 

I originally skipped part 7, as my income has no problem meeting the requirements for above poverty, however, I am thinking now perhaps I need to fill part 7 out. For those that live in high tax countries and regularly take advantage of the foreign earned income credit and then went through this process. what did you do? This has to be a fairly common issue. 

[lindinhos96 48]

I'd like to know if you found the answer to this. I assume you still need to fill out the correct number from total income, but your income will still appear to be high enough because they ask for your actual income (ie not just a number from your taxes) it in a different line of the form, and you only need to get a joint sponsor if that amount is not sufficient. I think you can also include a note in the last page of the form, where you can provide additional information.

[Jmatts 2]

I'm in the same boat and we had my partner's corporate lawyer draft my I-184, so Take with a pinch of salt: They put the actual number from 1040 line 22 (excluding foreign earned income) but then drafted a letter to accompany it explaining my *actual* pre-exclusion income in the last three years, referring to the relevant lines of my tax returns which were attached and my letter of employment.

 

The important thing is to be able to prove that your income will continue from source, if you are relying on your income as the sole sponsor.

 

Good luck!