a few questions - foreign income, domicile, combined pdf files

[uluslarci 2]

Hello all,

 

We got a RFE at NVC stage so we've submitted our documents again. However, we've gotten another RFE. I am the applicant and my wife is the petitioner.

 

1. Here is little background: I made money in the US although I was not in the US. It was a research fellowship and a little service stipend for research that I made for a professor. I am Ph.D. student at a US college but I've been living abroad for last 2 years for my doctoral research. My wife -the petitioner and the US citizen- lived with me too so she had foreign income, not US income. We file taxes jointly. So we added my W-2 but she does not have one. In our first time, NVC asked for her W-2. This time, following the advises we got here, we put a cover letter explaining why she does not have a W-2. The result is: NVC is still asking for her W-2! We don't have it and we won't have it. What do you suggest us to do? I understand that it is probably confusing for the officer that the applicant is making US money while he is not in the US and the petitioner is making foreign money but we really explained it very clearly with a cover letter. So I don't understand what they want us to do.

 

2. They say they don't want combined documents. We put the cover letter, a new I-864, and related tax documents as one pdf file. Is this wrong? Should we separate them? We did the same for the joint sponsor's I-864 and his wife I-864A (joint sponsor is my wife's dad)

 

3. Domicile issue... My wife was living with me until a few days ago. So I-864's present address was our foreign address. It was OK at the first time but now they ask for the proof of her domicile. The thing is that my wife is back in the US now and is living with her parents.She can provide state ID, a letter from her parents saying that she is living with them, bank accounts etc but does she need to submit a new I-864 to change her present address? In that case, does her dad -the joint sponsor- also need to submit a new I-864 because probably my wife will be there? I think the answer is no for this because she won't be counted as a household member? We are not using her income to sponsor me. She does not have a job in the US anyway. She just got there.

 

Thank you.

[debbiedoo 2,339]

1. send whatever the equivalent to a w2 is for her. They need to see the separation of who earned what money, since foreign income is not allowed for 8464 purposes.

 

2. upload and label everything seprately

 

3. the documents you mentioned for proof of domicile are fine. The 864 needs to reflect the new address. if the joint sponsors information has not changed, nothing needs to be done with theirs. unless they are claiming her as a dependent on their taxes, no changes need to be made (and being married they would not be able to anyways i dont believe)

[uluslarci 2]

2 minutes ago, debbiedoo said:

1. send whatever the equivalent to a w2 is for her. They need to see the separation of who earned what money, since foreign income is not allowed for 8464 purposes.

 

2. upload and label everything seprately

 

3. the documents you mentioned for proof of domicile are fine. The 864 needs to reflect the new address. if the joint sponsors information has not changed, nothing needs to be done with theirs. unless they are claiming her as a dependent on their taxes, no changes need to be made (and being married they would not be able to anyways i dont believe)

Thank you.

 

1. We actually uploaded the relevant documents. Her 2555  and relevant schedules etc were attached. . 1040X -we amended the tax return- was attached. My W-2 and 1042-S were attached. We don't have anything else to give...

 

2. Could you please clarify this part? You mean I-864 will be a separate document, the cover letter will be different, and tax documents -W-2 and others- will be separate? Should we combine W-2 to other tax documents?

 

3. So, just to make sure, my wife needs to resubmit her I-864 with the updated address information?

 

Thank you!

[debbiedoo 2,339]

31 minutes ago, uluslarci said:

Thank you.

 

1. We actually uploaded the relevant documents. Her 2555  and relevant schedules etc were attached. . 1040X -we amended the tax return- was attached. My W-2 and 1042-S were attached. We don't have anything else to give...

resend it with the tax transcript. what you have is what you have...

Quote

 

2. Could you please clarify this part? You mean I-864 will be a separate document, the cover letter will be different, and tax documents -W-2 and others- will be separate? Should we combine W-2 to other tax documents?

i would upload and label everything separately, so yes.

 

Quote

 

3. So, just to make sure, my wife needs to resubmit her I-864 with the updated address information?

that is what i would do, yes.

 

 

Edited June 21, 2019 by debbiedoo

[uluslarci 2]

Unfortunately, we don't have tax transcript because IRS does not provide it for foreign addresses...