i864 and f2555ez

[rammstein 12]

Dear all,

 

The total income on my previous tax returns (2015, 2016) shows 0$ as I was in the UK and was using 2555 to exclude foreign earned income. Is that going to hurt my case? 

In 2017, my income was a mixture of W2 (US income) and 2555 (foreign earned income), and excluding the foreign income in my 1040 brought the total income (on IRS transcript) down from 60k to 28k - will that hurt my case?

PS - 28k does pass the "125% poverty-line" limit set my USCIS. 

[pushbrk 13,260]

You will either qualify as sole sponsor of your spouse based on your current income that will continue from the same source once in the USA.  Maybe you are already in the USA.  Otherwise, the information from tax returns is purely required historical information.  If you don't qualify, you'll need a joint sponsor.  Are you working in the USA now or will your current income continue from the same source once you return to the USA?

[rammstein 12]

 

4 minutes ago, pushbrk said:

You will either qualify as sole sponsor of your spouse based on your current income that will continue from the same source once in the USA.  Maybe you are already in the USA.  Otherwise, the information from tax returns is purely required historical information.  If you don't qualify, you'll need a joint sponsor.  Are you working in the USA now or will your current income continue from the same source once you return to the USA?

 

 

Yes, I am in the US since Aug 2017. 

[pushbrk 13,260]

1 minute ago, rammstein said:

 

 

 

Yes, I am in the US since Aug 2017. 

Since it's London, you should be fine.  Document your current income with a current pay stub.

[rammstein 12]

1 minute ago, pushbrk said:

Since it's London, you should be fine.  Document your current income with a current pay stub.

 

Oh, I was in London, now my wife is in Mumbai, and I am in the US. So, she is going to appear at the US consulate in Mumbai. 

[pushbrk 13,260]

9 minutes ago, rammstein said:

 

Oh, I was in London, now my wife is in Mumbai, and I am in the US. So, she is going to appear at the US consulate in Mumbai. 

The Consulates in India almost always want to see three years of qualifying income.  To be safe, I would have a joint sponsor.

[rammstein 12]

2 hours ago, pushbrk said:

The Consulates in India almost always want to see three years of qualifying income.  To be safe, I would have a joint sponsor.

I see, so, let me get this clear -- even if the sum of my wages, salaries, etc (line 7 of 1040) having income more than the 125% of the poverty, they would still look at "total income" on line 22 or 21 which subtracts the foreign earned income, huh? It seems a bit weird...

[pushbrk 13,260]

3 hours ago, rammstein said:

I see, so, let me get this clear -- even if the sum of my wages, salaries, etc (line 7 of 1040) having income more than the 125% of the poverty, they would still look at "total income" on line 22 or 21 which subtracts the foreign earned income, huh? It seems a bit weird...

Seems that way, yes.  Is that way though.