Question about I 864

[AnaMarieW 8]

Hi! So my question for Affidavit Of Support, I am a Bartender but I make around 30K a year. (125% of the NC poverty level for a family of 3 is 27K) I know that I meet the guidelines but how am I supposed to show that in the form? Am I supposed to print my paystubs? Because if so, my pay (at 5 an hour) won’t show that I make 30K. Also can my husband (the beneficiary) report his income? He makes 32K a year in Sweden and we hoped to be able to use his income to show he can support himself. 

 

When we did the I 126F a couple years ago, only I worked and we had to get a sponsor which was extremely difficult.

Edited March 28, 2019 by AnaMarieW
Spell error

[pushbrk 12,883]

11 minutes ago, AnaMarieW said:

Hi! So my question for Affidavit Of Support, I am a Bartender but I make around 30K a year. (125% of the NC poverty level for a family of 3 is 27K) I know that I meet the guidelines but how am I supposed to show that in the form? Am I supposed to print my paystubs? Because if so, my pay (at 5 an hour) won’t show that I make 30K. Also can my husband (the beneficiary) report his income? He makes 32K a year in Sweden and we hoped to be able to use his income to show he can support himself. 

 

When we did the I 126F a couple years ago, only I worked and we had to get a sponsor which was extremely difficult.

Unless your husband's income will continue from the same source, it is irrelevant, not asked for, and cannot be used in any way.

 

If you take all your tips in cash or any in cash that don't show in the gross pay on your pay stub, then you just make sure you have claimed those tips as income on your tax returns.  If you have not, you are going to need a qualified joint sponsor.

 

The self employed have similar issues.

 

If you are in the same job and have been claiming your tips the last three years, showing a "total income" from line 22 of your 1040 form, you should be OK.  If not, joint sponsor time.  It IS, what it IS.

[AnaMarieW 8]

Hi! I have a question again about the I 864. My spouses place of employment has told us that he will be able to keep his job while in the US (he is a IT technician) he has been with the company for going to be 2 years. Has anyone filed out this form using both the petitioners income and the intending immigrant without any issues? We will not need a sponsor if both of our incomes is shown in this form right?

 

I just wanna make sure we don't mess this up. Should we include a statement from my husbands employer along with Swedish tax records?? I swear every time we get through one part, another hurdle comes haha.  

 

Thank you. 

[databit 328]

Side issue: Did you file your taxes that are due soon as married?

[AnaMarieW 8]

Yes I did. We have filed taxes for 2016 and 2018 as married. We didn't file in 2017 due to living in sweden the entire year without having an american income. 

2 minutes ago, databit said:

Side issue: Did you file your taxes that are due soon as married?

 

[Ryan H 3,812]

~~~Posts merged with existing thread.~~~

 

9 hours ago, AnaMarieW said:

Hi! I have a question again about the I 864. My spouses place of employment has told us that he will be able to keep his job while in the US (he is a IT technician) he has been with the company for going to be 2 years. Has anyone filed out this form using both the petitioners income and the intending immigrant without any issues? We will not need a sponsor if both of our incomes is shown in this form right?

 

I just wanna make sure we don't mess this up. Should we include a statement from my husbands employer along with Swedish tax records?? I swear every time we get through one part, another hurdle comes haha.  

 

Thank you. 

 

7 hours ago, databit said:

Side issue: Did you file your taxes that are due soon as married?

 

7 hours ago, AnaMarieW said:

Yes I did. We have filed taxes for 2016 and 2018 as married. We didn't file in 2017 due to living in sweden the entire year without having an american income. 

 

 

[LilyJ 1,258]

10 hours ago, databit said:

Side issue: Did you file your taxes that are due soon as married?

In case you are asking for yourself, just so you are aware, you must, by law, always file married if you are married on or before December 31st of the year you are filing taxes for, whether that is jointly or separately.

[pushbrk 12,883]

13 hours ago, AnaMarieW said:

Hi! I have a question again about the I 864. My spouses place of employment has told us that he will be able to keep his job while in the US (he is a IT technician) he has been with the company for going to be 2 years. Has anyone filed out this form using both the petitioners income and the intending immigrant without any issues? We will not need a sponsor if both of our incomes is shown in this form right?

 

I just wanna make sure we don't mess this up. Should we include a statement from my husbands employer along with Swedish tax records?? I swear every time we get through one part, another hurdle comes haha.  

 

Thank you. 

Using both incomes is no problem.  Yes, provide a letter from your husband's employer stating what his income will be, in dollars as he continues his employment in the US.

[NikLR 13,227]

16 hours ago, AnaMarieW said:

Yes I did. We have filed taxes for 2016 and 2018 as married. We didn't file in 2017 due to living in sweden the entire year without having an american income. 

 

Doesnt matter if you had US income or not.  USC must file their taxes in the USA if they make enough to file. 

[AnaMarieW 8]

Just now, NikLR said:

Doesnt matter if you had US income or not.  USC must file their taxes in the USA if they make enough to file. 

Well back then I asked other Americans who lived in Sweden if I had to file and I was told no. Because I made $0 and my husband wasn’t a citizen here due to “abandoning permanent residency”. 

 

I was was able to file this year with no problem I just put married and was able to put foreign. 

[geowrian 22,337]

1 minute ago, AnaMarieW said:

Well back then I asked other Americans who lived in Sweden if I had to file and I was told no. Because I made $0 and my husband wasn’t a citizen here due to “abandoning permanent residency”. 

 

I was was able to file this year with no problem I just put married and was able to put foreign. 

Did he have income while abroad? US citizens are taxed on worldwide income.

If he had income above the minimum threshold (the same as domestic US citizens), then he was and still is required to file for that year.

[AnaMarieW 8]

Just now, geowrian said:

Did he have income while abroad? US citizens are taxed on worldwide income.

If he had income above the minimum threshold (the same as domestic US citizens), then he was and still is required to file for that year.

Yes he did but like I mentioned his green card status became invalid so why would he need to file then if he is no longer considered American or has anything to do with America until now? Also I submitted my taxes for 2016,2018 and even wrote a note about 2017 when I sent in my package for I 130 and they approved it? 

 

To me it just doesn't make sense. If he was still a green card holder then sure, I 100% understand. 😅

[geowrian 22,337]

13 minutes ago, AnaMarieW said:

Yes he did but like I mentioned his green card status became invalid so why would he need to file then if he is no longer considered American or has anything to do with America until now? Also I submitted my taxes for 2016,2018 and even wrote a note about 2017 when I sent in my package for I 130 and they approved it? 

 

To me it just doesn't make sense. If he was still a green card holder then sure, I 100% understand. 😅

Was the green card formally abandoned that year? If so, then he would be fine. If not, then it's murky at best - just being abroad does not terminate LPR status. Unless there is a formal decision to revoke LPR status, it technically remains. It doesn't mean one can just return to the US with no consequences after years abroad (expect to be put in front of an immigration judge), but they don't just officially revoke status quickly after a year abroad or something either.

 

Your tax returns have nothing to do with the I-130. They don't review it there, except maybe to check if you filed them as married. But they aren't required and they wouldn't deny somebody for improperly filed or missing taxes at the I-130 stage.

 

Edit: Formally abandoned = I-407 filed abroad

Edited April 8, 2019 by geowrian

[AnaMarieW 8]

6 minutes ago, geowrian said:

Was the green card formally abandoned that year? If so, then he would be fine. If not, then it's murky at best - just being abroad does not terminate LPR status. Unless there is a formal decision to revoke LPR status, it technically remains. It doesn't mean one can just return to the US with no consequences after years abroad (expect to be put in front of an immigration judge), but they don't just officially revoke status quickly after a year abroad or something either.

 

Your tax returns have nothing to do with the I-130. They don't review it there, except maybe to check if you filed them as married. But they aren't required and they wouldn't deny somebody for improperly filed or missing taxes at the I-130 stage.

 

Edit: Formally abandoned = I-407 filed abroad

We overstayed our time outside of the US and when we tried to file a returning resident visa, we were denied and told that his Greencard was now expired (even though it had another year left) so that’s why we filed I 130 cause of what the American embassy in Sweden told us. We only overstayed 2 months at the time but they counted it as abandoning it. 😕 

[geowrian 22,337]

7 minutes ago, AnaMarieW said:

We overstayed our time outside of the US and when we tried to file a returning resident visa, we were denied and told that his Greencard was now expired (even though it had another year left) so that’s why we filed I 130 cause of what the American embassy in Sweden told us. We only overstayed 2 months at the time but they counted it as abandoning it. 😕 

Gotcha. The formal SB-1 refusal should be sufficient for no longer being an LPR. At least that's my understanding of the SB-1 visa process from a couple others that went through it.

Edited April 8, 2019 by geowrian