I864 Negative Adjusted Gross Income (because Foreign Earned Income Exclusion)

[mitchfw 0]

Hello everyone,

 

My gross income for the past 4 years (1040 line 7 wages + 1040 line 12 business income from my freelancing business) is more than the 125% of the poverty line requirement.

 

However, I have been living abroad full time and have taken the Foreign Earned Income Exclusion. This and some other above the line deductions have resulted in my Adjusted Gross Income being $0 or negative for the past 4 years.

 

For the I-864, Part 6, Line 7, should I put my gross income (1040 line 7 wages + 1040 line 12 business income)?

 

For I-864, Part 6, Line 24.a, 24.b 24.c it says I should put my adjusted gross income. Should I put the negative number? Or should I put $0?

 

Does anyone have experience with $0 or negative adjusted gross incomes? Did you need to get a Join Sponsor? Should I include a letter trying to explain my taxes to the officer?

 

Thanks for your time,

Mitchell

[Nitas_man 3,100]

18 hours ago, mitchfw said:

Hello everyone,

 

My gross income for the past 4 years (1040 line 7 wages + 1040 line 12 business income from my freelancing business) is more than the 125% of the poverty line requirement.

 

However, I have been living abroad full time and have taken the Foreign Earned Income Exclusion. This and some other above the line deductions have resulted in my Adjusted Gross Income being $0 or negative for the past 4 years.

 

For the I-864, Part 6, Line 7, should I put my gross income (1040 line 7 wages + 1040 line 12 business income)?

 

For I-864, Part 6, Line 24.a, 24.b 24.c it says I should put my adjusted gross income. Should I put the negative number? Or should I put $0?

 

Does anyone have experience with $0 or negative adjusted gross incomes? Did you need to get a Join Sponsor? Should I include a letter trying to explain my taxes to the officer?

 

Thanks for your time,

Mitchell

Foreign income is discounted for purposes of support affidavit unless that income will continue from the same source when you return to the US.

 

But to answer you put your actual income, not your adjusted gross after the exclusion.

 

Then they will discount it.  Absent assets or continuing income in the US you need a joint sponsor:

 

[MichaelNM 0]

On 6/14/2019 at 9:44 AM, Nitas_man said:

Foreign income is discounted for purposes of support affidavit unless that income will continue from the same source when you return to the US.

Hi Nitas_man, thanks for sharing.

Do you have evidence that foreign income is discounted? Even with evidence and bank statements? Where is the case law or instruction that provides evidence to your claim? I am in a similar situation as the above poster. I own a house in the U.S. however my income for the last 2 years has all be "negative on my IRS 1040 because I work and live abroad. I maintain ties and can prove domicile/intended domicile, however if in fact USCIS discounts foreign earned income, it causes a problem =\

[Nitas_man 3,100]

On 10/16/2019 at 2:21 AM, MichaelNM said:

Hi Nitas_man, thanks for sharing.

Do you have evidence that foreign income is discounted? Even with evidence and bank statements? Where is the case law or instruction that provides evidence to your claim? I am in a similar situation as the above poster. I own a house in the U.S. however my income for the last 2 years has all be "negative on my IRS 1040 because I work and live abroad. I maintain ties and can prove domicile/intended domicile, however if in fact USCIS discounts foreign earned income, it causes a problem =\

Evidence?  LOL 

 

We processed twice from overseas. Once in 2012, again last year.  
Mine wasn’t negative on tax returns.  It was 6 figures (after) the exclusion.
They completely dismissed my overseas income.  I had to show cash assets or get a joint sponsor.

Edited October 31, 2019 by Nitas_man

[Just Paul 4,595]

Foreign income does not count in a DCF.   The only thing that will count is CASH that you saved foreign or domestic.  You need to have a joint sponsor (or assets) or find a really good job in the US and move back.

[jlachine 0]

Bumping this topic, because I have negative adjusted gross income of -10000 or something and am wondering if this influences their decision at all?

 

Also, how much savings would I have to show in a bank account, so I wouldn't have to have a co-sponsor for the affidavit of support? 

 

Last, I have a job offer sheet that says my yearly salary (49,900) for the upcoming year. Can this count as evidence of support?

 

Thanks in advance for the help! You commenters are my heroes!

 

John

[Just Paul 4,595]

34 minutes ago, jlachine said:

how much savings would I have to show in a bank account, so I wouldn't have to have a co-sponsor for the affidavit of support? 

3x I-864P amount.

 

34 minutes ago, jlachine said:

Last, I have a job offer sheet that says my yearly salary (49,900) for the upcoming year. Can this count as evidence of support?

Yes if you are DCF,

[jlachine 0]

@Paul & Mary

 

We are gathering all the documentation for the DCF interview... This is what they're asking for the evidence of support... Do you know where my job offer sheet with my salary will factor into play?

 

I will also keep this post updated about how they treat my taxes, because my most recent income tax return shows me in the negative with the foreign tax income credit.

 

EVIDENCE OF SUPPORT: The U.S. Petitioner must submit a contractual Affidavit of Support:

1) Form I-864, (and/or I-864EZ and I-864A) on behalf of the intending immigrant. Please review www.uscis.gov to determine which form(s) apply/applies to you. The U.S. Petitioner must also

submit: 2) Complete copies of the individual U.S. federal income tax return for the most recent taxable year (form 1040, W2 and 1099).

Note: If the U.S. Petitioner has no current U.S. income, he/she will also need to either need to provide proof of assets or find a financial joint sponsor who completes an additional Affidavit of Support with supporting documents.

 

***FINANCIAL SPONSORSHIP RESPONSIBILITIES:  Financial sponsors, joint sponsors, and applicants should be aware of the responsibilities arising from a sponsor signing an I-864 and the consequences of a sponsored immigrant’s acceptance of federal means-tested public benefits.  For more information visit: https://travel.state.gov/i-864.

 

 

Edited November 29, 2019 by jlachine

[PIRuby 9]

On 11/29/2019 at 12:56 PM, jlachine said:

@Paul & Mary

 

We are gathering all the documentation for the DCF interview... This is what they're asking for the evidence of support... Do you know where my job offer sheet with my salary will factor into play?

 

I will also keep this post updated about how they treat my taxes, because my most recent income tax return shows me in the negative with the foreign tax income credit.

 

EVIDENCE OF SUPPORT: The U.S. Petitioner must submit a contractual Affidavit of Support:

1) Form I-864, (and/or I-864EZ and I-864A) on behalf of the intending immigrant. Please review www.uscis.gov to determine which form(s) apply/applies to you. The U.S. Petitioner must also

submit: 2) Complete copies of the individual U.S. federal income tax return for the most recent taxable year (form 1040, W2 and 1099).

Note: If the U.S. Petitioner has no current U.S. income, he/she will also need to either need to provide proof of assets or find a financial joint sponsor who completes an additional Affidavit of Support with supporting documents.

 

***FINANCIAL SPONSORSHIP RESPONSIBILITIES:  Financial sponsors, joint sponsors, and applicants should be aware of the responsibilities arising from a sponsor signing an I-864 and the consequences of a sponsored immigrant’s acceptance of federal means-tested public benefits.  For more information visit: https://travel.state.gov/i-864.

 

 

Any update on this. We have the same problem.

[payxibka 10,045]

25 minutes ago, PIRuby said:

Any update on this. We have the same problem.

What problem do you have?  They don't care about your historical adjusted gross income,  they care about CURRENT income