US sponsor moving to US during K-1 process

[payxibka 10,045]

7 minutes ago, geowrian said:

Accountants don't (well, shouldn't) provide advice about immigration matters. The income itself, sure, but how it is treated for immigration, no.

 

I can't speak as to how they will treat the FEIE specifically in terms of the I-864, but they use line 22 of the 1040.

I hope they don't.   Line 22 of the 2018 1040 is "Amount you owe" 

[carmel34 3,625]

16 minutes ago, brazilk1visa said:

Exactly , the tax exemption is around 100k. I used it for 2017 but I really don't if I should use it or not this year, since it will affect the gross income reported on my tax return. And doing my research, I realized that is what the officers look at during the interview. Some accountants will say that it is US income regardless, with or without the exemption. But my understanding is that the exemption affect your gross and net income in the tax return. 

 

That stuff is driving me crazy. My lawyer simply recommended I report all the income in the US but didn't mention any specifics.

 

I am still not sure whether or not I should claim this exemption...

 

 

Read the tax law carefully, my understanding is that you qualify for the foreign tax exemption only if you pay income tax in Brazil as a resident there.  Did you file an income tax return in Brazil?  If not, I don't think you qualify for the exemption on your US tax return.   For immigration purposes, what they will be concerned about is your current income, and proof of that.  US income tax returns for the three previous years should be taken to the interview.  Know the law and do them correctly, honestly.

[geowrian 22,337]

5 minutes ago, payxibka said:

I hope they don't.   Line 22 of the 2018 1040 is "Amount you owe" 

Line 22 of 2017 was total income. I guess it changed for tax year 2018...? Looks like it's line 6 now.

[payxibka 10,045]

1 minute ago, carmel34 said:

Read the tax law carefully, my understanding is that you qualify for the foreign tax exemption only if you pay income tax in Brazil as a resident there.  Did you file an income tax return in Brazil?  If not, I don't think you qualify for the exemption on your US tax return.   For immigration purposes, what they will be concerned about is your current income, and proof of that.  US income tax returns for the three previous years should be taken to the interview.  Know the law and do them correctly, honestly.

There are two ways.   Foreign tax credit (form 1116) which is what you are referring to and foreign income exclusion (form 2555).  

[Sarah&Facundo 595]

I am self employed with an LLC and worked online from my husband's home country when we were dating. I had no issues. I showed them my tax returns from the last few years and it was fine. (File if you haven't filed).

[brazilk1visa 12]

I file my tax returns every year, never failed. Not an issue.

The issue is whether or not to claim the 100k exclusion on the tax return, knowing that it would lower my gross income by a lot.

Might still be above the USCIS requirements but doesn't look very good.

[payxibka 10,045]

1 minute ago, brazilk1visa said:

I file my tax returns every year, never failed. Not an issue.

The issue is whether or not to claim the 100k exclusion on the tax return, knowing that it would lower my gross income by a lot.

Might still be above the USCIS requirements but doesn't look very good.

It lowers your taxable income not gross income,  subtle but important difference 

[brazilk1visa 12]

7 minutes ago, payxibka said:

It lowers your taxable income not gross income,  subtle but important difference 

Agreed, important difference. But as far as I know, officers look at taxable income. Right?

[payxibka 10,045]

1 minute ago, brazilk1visa said:

Agreed, important difference. But as far as I know, officers look at taxable income. Right?

No.  

[jcra615 53]

14 hours ago, brazilk1visa said:

Hey guys, 

 

I searched the forums but haven't found many similar cases to mine, at least not close enough.

I am a US citizen and I have been living with my now fiancee in Brazil, for 3 years now. So I have been living abroad and outside the US for the whole time. In 2018 I didn't even go to the US.

But now I want to move back to the US with her because I miss it a lot and because of my professional life and career. 

We already filed a few months back and now at NOA1, waiting for NOA2. 

 

What is not clear to me is how to present our case. My questions are:

-Is it okay to say I have been out of the US for a long time and now we are planning to move back together? I read similar cases but never understood how to present the case properly during the interviews.

-I haven't had income in the US for about 3 years but this year I have some descent income as a freelancer (I have just started an LLC). Does that work for the affidavit of support?

-I am moving back a few months before her, in January 2019. So I can set up, fina an apartment etc... Does that help in any way, does it make any difference?

 

thanks in advance

 

 

Hey!

 

I had a very similar situation - I lived in Ecuador for two years, and while I was living there I met my fiance (now husband) who is originally from Cuba. If anything, having met your fiance abroad and having lived abroad with them helps you significantly, in my opinion. It makes the relationship significantly more legitimate than having met someone online and visited a few times, which is so common for K1 situations. You can likely present a lot more proof at the interview stage than most cases (for example, apartment lease in Brazil together? any shared bills or accounts there? etc). Overall, you're in a great position given what you have shared.

 

The only thing that seemed to be different about the process were the following two things:

 

- In my husband's K1 interview in Ecuador (which I was able to attend...but this varies from each embassy), they asked me as many questions as they asked him, wanting to verify that I actually had plans to move back to the U.S. with him. They asked me about my plans for returning to the U.S. and what I planned on doing there, as well as where we planned on living once we got there. As you mentioned that you are already looking for a place to live in the U.S., getting resettled there, etc, that will likely be very convincing to them that you intend to move back together with her should she get the visa.

 

- As you mentioned, the income bit. I definitely did not meet the threshold to be his sole sponsor; I was doing really well by Ecuador standards, but not U.S. standards. So I had to have a co-sponsor. I am not sure about consulting income vs. employment income, so I can't answer that question for you. 

 

Good luck to you!

[battsher 0]

I lived in Mexico for two years, did not work (No income, zero, nada) did not file a tax return the first year, filed the next year with a big bunch of zeros.

During this time I filed my petition to sponsor my fiancée. I moved back to the US and began earning an income at about the same time we received NOA2.

For the interview I provided all the documentation required showing that I was employed and have sufficient income plus a signed letter stating why I did not have a tax return/income. No problem at the interview, K1 was approved, fiancée came to the US, married, etc. 

So to address your initial questions: 

- It's definitely fine to have lived outside the US and not have income.

- It's good that you're coming back. They want to see that you and your future spouse intend to live in the US.

- As for income, my experience was that you don't need anything for NOA2. For the interview Form I-134/864 requires all the income and asset information. This is your CURRENT income, however because it is so common that folks have steady jobs it's very easy for them to rely on tax returns. Again, it's current income, not past (gross, taxable or otherwise), and your current/future income does not need to come from the same source.  The I-864 requires the previous year's tax return but why? It's current income that matters.  I'm getting by on a few pay stubs and a statement from my new employer that I'm employed full time at a particular salary.  (This, so far, has sufficed for the AOS process too, though with the long process there, I'll have a bona-fide W2 and tax return by the time the interview rolls around).

 

My advice is to do your 2017 and 2018 taxes correctly and if you can (legally) make your income look higher, then go ahead and do it; that can only help you. Then move on with your life in the US and keep working.

 

[brazilk1visa 12]

1 hour ago, jcra615 said:

Hey!

 

I had a very similar situation - I lived in Ecuador for two years, and while I was living there I met my fiance (now husband) who is originally from Cuba. If anything, having met your fiance abroad and having lived abroad with them helps you significantly, in my opinion. It makes the relationship significantly more legitimate than having met someone online and visited a few times, which is so common for K1 situations. You can likely present a lot more proof at the interview stage than most cases (for example, apartment lease in Brazil together? any shared bills or accounts there? etc). Overall, you're in a great position given what you have shared.

 

The only thing that seemed to be different about the process were the following two things:

 

- In my husband's K1 interview in Ecuador (which I was able to attend...but this varies from each embassy), they asked me as many questions as they asked him, wanting to verify that I actually had plans to move back to the U.S. with him. They asked me about my plans for returning to the U.S. and what I planned on doing there, as well as where we planned on living once we got there. As you mentioned that you are already looking for a place to live in the U.S., getting resettled there, etc, that will likely be very convincing to them that you intend to move back together with her should she get the visa.

 

- As you mentioned, the income bit. I definitely did not meet the threshold to be his sole sponsor; I was doing really well by Ecuador standards, but not U.S. standards. So I had to have a co-sponsor. I am not sure about consulting income vs. employment income, so I can't answer that question for you. 

 

Good luck to you!

 

Hey jcrab 615. You are right it is a very similar situation.

I think you are so right about having met your spouse abroad, I had never thought about that. Thanks for helping me see the good side of it - I tend to look the other way  but it usually never helps.

I will be living in the US by the time the interview happens. About the income, I just spoke to my lawyer and a co-sponsor is always a good alternative. I feel better about it now. 

 

 

 

[geowrian 22,337]

17 minutes ago, battsher said:

Again, it's current income, not past (gross, taxable or otherwise), and your current/future income does not need to come from the same source.  The I-864 requires the previous year's tax return but why? It's current income that matters.

The key difference here is the OP is self-employed. As such, their current income is from their tax return. Money earned mid-year is considered revenue, not income, until claimed as such on the tax return. This differs from an employee, which has income immediately.

 

Current income is still king. Sometimes they want to see that the income is stable, which a tax return can help substantiate (even if it was from another income source in the past).

Edited December 18, 2018 by geowrian

[brazilk1visa 12]

15 minutes ago, geowrian said:

The key difference here is the OP is self-employed. As such, their current income is from their tax return. Money earned mid-year is considered revenue, not income, until claimed as such on the tax return. This differs from an employee, which has income immediately.

 

Current income is still king. Sometimes they want to see that the income is stable, which a tax return can help substantiate (even if it was from another income source in the past).

Yes, I guess geowrian phrased it very well. Having a job is pretty helpful in these situations. 

I am looking into setting up my LLC as an S-corp and paying myself a salary tho. Which is the same as employment. My lawyer confirmed some people do that and it is completely fine.

I guess that' s enough options on the table.

 

[Just Paul 4,595]

2 hours ago, jcra615 said:

they asked me as many questions as they asked him, wanting to verify that I actually had plans to move back to the U.S. with him. They asked me about my plans for returning to the U.S. and what I planned on doing there, as well as where we planned on living once we got there. As you mentioned that you are already looking for a place to live in the U.S., getting resettled there, etc, that will likely be very convincing to them that you intend to move back together with her should she get the visa.

 

This happened to us in our DCF CR-1 filing.  I, too, was essentially self-employed and did our I-864 based on assets.