I-864 Foreign Income?

[ryu55 9]

Hello. I need some advice on the Affidavit of Support.

 

I am currently working in Japan at the moment, so I am wondering if I am supposed to put $0.00 as my current individual annual income for Part 6 #7 on the I-864 Affidavit of Support? I read somewhere that my foreign income doesn't count. I just want to make sure.

 

I am also somewhat confused about Part 5 #7. I am not sure if I understand this question correctly.

 

Part 5 #7 asks, "If you have a siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here." My brother will be my joint sponsor and we plan to live together once my wife and I move back to the US. Do I tick the box here and ask him to fill out the I-864A form or should he fill out the I-864 form instead?

 

Thanks in advance!

[geowrian 22,337]

* Moved from Tax & Finance t IR-1/CR-1 Progress & Procedures. The question is about the I-864 to obtain an immigrant visa for a spouse of a USC (per OP's previous posts) *

 

If the income will not continue form the same source upon return to the US, then the qualifying income is $0.

 

If you do not reside together at the time the I-864A is presented, then he wouldn't qualify for an I-864A. He would need to provide an I-864 as a joint sponsor instead.

[Nitas_man 3,100]

3 hours ago, ryu55 said:

Hello. I need some advice on the Affidavit of Support.

 

I am currently working in Japan at the moment, so I am wondering if I am supposed to put $0.00 as my current individual annual income for Part 6 #7 on the I-864 Affidavit of Support? I read somewhere that my foreign income doesn't count. I just want to make sure.

 

I am also somewhat confused about Part 5 #7. I am not sure if I understand this question correctly.

 

Part 5 #7 asks, "If you have a siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here." My brother will be my joint sponsor and we plan to live together once my wife and I move back to the US. Do I tick the box here and ask him to fill out the I-864A form or should he fill out the I-864 form instead?

 

Thanks in advance!

hmmmmm

 

I entered my foreign income on that blank. Gross income, right off of the tax return/bank statements/paystubs.

 

Then they discounted the income part at the interview, assumed it was zero, and used assets instead.

 

I did that to match the return, etc that was filed with the affidavit.  So either way seems to be correct.  Thinking back it would have made more sense to just put zero.

 

Your co-sponsor would need an I-864 before the visa is issued and you return.

Edited June 19, 2019 by Nitas_man

[pushbrk 12,898]

3 hours ago, geowrian said:

* Moved from Tax & Finance t IR-1/CR-1 Progress & Procedures. The question is about the I-864 to obtain an immigrant visa for a spouse of a USC (per OP's previous posts) *

 

If the income will not continue form the same source upon return to the US, then the qualifying income is $0.

 

If you do not reside together at the time the I-864A is presented, then he wouldn't qualify for an I-864A. He would need to provide an I-864 as a joint sponsor instead.

Correct, but since the petitioner's income is $0 he/she has nothing to combine with anybody.  Joint sponsor and petitioner do separate I-864 forms.  If Joint sponsor is married, his spouse provides an I-864a whether she has income, OR whether her income is required to qualify.

[pushbrk 12,898]

23 minutes ago, Nitas_man said:

hmmmmm

 

I entered my foreign income on that blank. Gross income, right off of the tax return/bank statements/paystubs.

 

Then they discounted the income part at the interview, assumed it was zero, and used assets instead.

 

I did that to match the return, etc that was filed with the affidavit.  So either way seems to be correct.  Thinking back it would have made more sense to just put zero.

 

Your co-sponsor would need an I-864 before the visa is issued and you return.

For 2018 use line 6 of the 1040 form for the tax section.  Prior years, use line 22.  If you took the foreign income exclusion, your first 100k or so of foreign income will be absent from that line.  What you did was incorrect, but you qualified based on assets anyway so ultimately, no problem.

For "current income" only foreign income that will continue for the same source is counted.  There can be a difference between what you enter and what is "counted" or actually considered to be your income.

[Nitas_man 3,100]

1 hour ago, pushbrk said:

For 2018 use line 6 of the 1040 form for the tax section.  Prior years, use line 22.  If you took the foreign income exclusion, your first 100k or so of foreign income will be absent from that line.  What you did was incorrect, but you qualified based on assets anyway so ultimately, no problem.

For "current income" only foreign income that will continue for the same source is counted.  There can be a difference between what you enter and what is "counted" or actually considered to be your income.

Yeah I did that twice somehow, same way, two different interviews, but they clarify it at the interview as soon as we tell them it’s not continuing.

[pushbrk 12,898]

2 hours ago, Nitas_man said:

Yeah I did that twice somehow, same way, two different interviews, but they clarify it at the interview as soon as we tell them it’s not continuing.

Another prime example of "What we did...." not necessarily being good advice for others.

[Nitas_man 3,100]

11 hours ago, pushbrk said:

Another prime example of "What we did...." not necessarily being good advice for others.

We’re all settled in Texas (3x now, no bumps, no rejected forms, no RFE’s, we haven’t ever paid anyone to do our forms for us), and your “line this and line that” don’t seem to be in the I-864 instructions.  If they were thats what I did but it was still 6 figures that didn’t matter, even after subtracting 6.

 

We followed the literal instructions exactly and it worked.  Not just once.

 

Prime example of the difference between a couple exactly following the instructions (and it worked) vs letting a “visa for hire consultant” do it his way and hope for the best?  ******************personal attack removed*******************

 

 

Edited June 20, 2019 by Ban Hammer
personal insult towards another member removed

[ryu55 9]

Thanks for your inputs everyone! I appreciate any advice or help I can get!

16 hours ago, geowrian said:

* Moved from Tax & Finance t IR-1/CR-1 Progress & Procedures. The question is about the I-864 to obtain an immigrant visa for a spouse of a USC (per OP's previous posts) *

 

If the income will not continue form the same source upon return to the US, then the qualifying income is $0.

 

If you do not reside together at the time the I-864A is presented, then he wouldn't qualify for an I-864A. He would need to provide an I-864 as a joint sponsor instead.

Thanks for your input. This does make more sense now. I will ask him to fill out the I-864 form and send me all the related documents with it.

 

13 hours ago, pushbrk said:

Correct, but since the petitioner's income is $0 he/she has nothing to combine with anybody.  Joint sponsor and petitioner do separate I-864 forms.  If Joint sponsor is married, his spouse provides an I-864a whether she has income, OR whether her income is required to qualify.

My brother is married, but no kids. He makes more than 100k. Do I need to have his wife to fill out the I-864A form too?

 

It seems that the more I read the instructions, the more confusing this form gets. I would be grateful if anyone can clear these things up for me. I am looking back at Part 3 (Information about the Immigrants You Sponsoring) at the moment, and I wondering if I need to include my two year daughter since she is technically also will be immigrating to the US with my wife?? My daughter is a US citizen since I filed the birth abroad. If I include her and my wife, the total number at the end of Part 3 is 2 people for Part 3 #29. I hope my understanding is correct?

 

For Part 5 (Sponsor's Household Size), I put 2 for Question #1 and 1 for #2. Everything is zero except #3 but I am married??

 

For Part 6, my wife has a part-time job, but since she has a foreign income, the current income is zero.

 

I guess I have to fill out Part 7 since I don't meet the Poverty Guildlines, do I convert my foreign savings into US dollars? I have some savings in my US account, but it is still not enough to meet the Poverty Guildlines though. Any advice would be appreciated.

[NikLR 13,227]

34 minutes ago, ryu55 said:

Thanks for your inputs everyone! I appreciate any advice or help I can get!

Thanks for your input. This does make more sense now. I will ask him to fill out the I-864 form and send me all the related documents with it.

 

My brother is married, but no kids. He makes more than 100k. Do I need to have his wife to fill out the I-864A form too?

 

It seems that the more I read the instructions, the more confusing this form gets. I would be grateful if anyone can clear these things up for me. I am looking back at Part 3 (Information about the Immigrants You Sponsoring) at the moment, and I wondering if I need to include my two year daughter since she is technically also will be immigrating to the US with my wife?? My daughter is a US citizen since I filed the birth abroad. If I include her and my wife, the total number at the end of Part 3 is 2 people for Part 3 #29. I hope my understanding is correct?

 

For Part 5 (Sponsor's Household Size), I put 2 for Question #1 and 1 for #2. Everything is zero except #3 but I am married??

 

For Part 6, my wife has a part-time job, but since she has a foreign income, the current income is zero.

 

I guess I have to fill out Part 7 since I don't meet the Poverty Guildlines, do I convert my foreign savings into US dollars? I have some savings in my US account, but it is still not enough to meet the Poverty Guildlines though. Any advice would be appreciated.

Your daughter will be moving to the USA, not immigrating as she is a USC.  

 

Your household size is 3.  You have the beneficiary, who is your spouse (do not count anyone twice) and a child.  

 

You can include foreign assets is you want but if they dont put you over the poverty guidelines for assets, it may be more trouble than it's worth.

 

Yes your SIL should still do an I-864a because regardless any financial burden would also fall on her and they likely file their taxes as marrief filing jointly.  

12 hours ago, Nitas_man said:

Yeah I did that twice somehow, same way, two different interviews, but they clarify it at the interview as soon as we tell them it’s not continuing.

So you did it wrong and they corrected it at your interview.  Cool beans. Edit: sorry your wife's interview, both if them. 

Edited June 20, 2019 by NikLR

[ryu55 9]

8 hours ago, NikLR said:

Your daughter will be moving to the USA, not immigrating as she is a USC.  

 

Your household size is 3.  You have the beneficiary, who is your spouse (do not count anyone twice) and a child.  

 

You can include foreign assets is you want but if they dont put you over the poverty guidelines for assets, it may be more trouble than it's worth.

 

Yes your SIL should still do an I-864a because regardless any financial burden would also fall on her and they likely file their taxes as marrief filing jointly.  

So you did it wrong and they corrected it at your interview.  Cool beans. Edit: sorry your wife's interview, both if them. 

Thanks for the info. I forgot to mention that my brother's wife filed their taxes separately.

[NikLR 13,227]

1 hour ago, ryu55 said:

Thanks for the info. I forgot to mention that my brother's wife filed their taxes separately.

You only have to include your brother, it's standard procedure for the I-864a but you do not have to either unless required by the CO. 

[Ryan H 3,812]

***Derailing post removed.***