How to fill I-864 with Foreign Income

[aceegreene 34]

Hello everyone,

 

My wife (USC and petitioner) earned foreign income in 2018 and she filed taxes under married filing jointly (with both our foreign incomes). For 2016 and 2017, we were not married and she did not earn any income hence didn't file taxes. 

 

My questions are: 

1. In I-864 Part 6, Question 7: 'My current individual income', should she write what she is currently earning as foreign income (converted to USD)? 

2. In I-864 Part 6, Question 24a. 'Most Recent', should we write the total income we filed with IRS?

3. I would assume 24b. and 24c. would be zero, since she didn't have any income and neither did she file. Is that correct?

4. Lastly, Part 6, Question 25, do we check it or not in our case? We will be explaining why she did not file taxes in 2016 and 2017 anyway. 

 

Thank you in advance. 

Edited August 31, 2019 by aceegreene

[Nitas_man 3,100]

2 hours ago, aceegreene said:

Hello everyone,

 

My wife (USC and petitioner) earned foreign income in 2018 and she filed taxes under married filing jointly (with both our foreign incomes). For 2016 and 2017, we were not married and she did not earn any income hence didn't file taxes. 

 

My questions are: 

1. In I-864 Part 6, Question 7: 'My current individual income', should she write what she is currently earning as foreign income (converted to USD)? 

2. In I-864 Part 6, Question 24a. 'Most Recent', should we write the total income we filed with IRS?

3. I would assume 24b. and 24c. would be zero, since she didn't have any income and neither did she file. Is that correct?

4. Lastly, Part 6, Question 25, do we check it or not in our case? We will be explaining why she did not file taxes in 2016 and 2017 anyway. 

 

Thank you in advance. 

Will her income continue when she returns to the US?  Is she working for a US company?

 

[aceegreene 34]

12 minutes ago, Nitas_man said:

Will her income continue when she returns to the US?  Is she working for a US company?

 

She is not working for a US company and neither will her income continue when she returns to the US.

[LilyJ 1,258]

6 hours ago, aceegreene said:

She is not working for a US company and neither will her income continue when she returns to the US.

Then the income cannot be used. Her income will be 0. She will have to either find a joint sponsor for you or go to the US early and find a job where she will earn enough to qualify. She also still has to prove US domicile or intent for US domicile

[aceegreene 34]

58 minutes ago, LilyJ said:

Then the income cannot be used. Her income will be 0. She will have to either find a joint sponsor for you or go to the US early and find a job where she will earn enough to qualify. She also still has to prove US domicile or intent for US domicile

Thank you for the response.

 

We do have a joint sponsor and are preparing to prove US domicile. 

 

So for part 6, question 7, I write zero?

 

For part 6, question 24a, she has filed taxes and there is a transcript stating foreign income. Should we still write zero?

 

Lastly, do I checkmark part 6, question 25? Even though the most recent tax has been filed.

 

thanks for your help!

[pushbrk 12,876]

5 hours ago, aceegreene said:

Thank you for the response.

 

We do have a joint sponsor and are preparing to prove US domicile. 

 

So for part 6, question 7, I write zero?

 

For part 6, question 24a, she has filed taxes and there is a transcript stating foreign income. Should we still write zero?

 

Lastly, do I checkmark part 6, question 25? Even though the most recent tax has been filed.

 

thanks for your help!

Read question carefully and completely.  She has zero income she "is using to qualify".  

 

Her tax return transcript for 2018 will still show a total income of zero unless she earned six figures. (over the exempted amount)  Including the full return AND the transcript will help them see her earning potential, but not help her qualify.

 

Do not put zero for 2017 and 2016 because she did not file/was not required to file.  Simply hand write.  NO INCOME - NOT WORKING in the available space.  No other explanation or letter is needed.

[aceegreene 34]

15 hours ago, pushbrk said:

Read question carefully and completely.  She has zero income she "is using to qualify".  

 

Her tax return transcript for 2018 will still show a total income of zero unless she earned six figures. (over the exempted amount)  Including the full return AND the transcript will help them see her earning potential, but not help her qualify.

 

Do not put zero for 2017 and 2016 because she did not file/was not required to file.  Simply hand write.  NO INCOME - NOT WORKING in the available space.  No other explanation or letter is needed.

Thank you pushbrk for these responses, this is really helpful. 

 

For the 2018 transcript, the total income line and the AGI line show the same amount, let’s say $XX,000. But the total income per computer and AGI per computer says $0. Does that mean we are to consider the per computer line as final? Or have the taxes been wrongly filed? 

 

Side note: lines 6 and 7 on 1040 also say $XX,000.

[pushbrk 12,876]

8 hours ago, aceegreene said:

Thank you pushbrk for these responses, this is really helpful. 

 

For the 2018 transcript, the total income line and the AGI line show the same amount, let’s say $XX,000. But the total income per computer and AGI per computer says $0. Does that mean we are to consider the per computer line as final? Or have the taxes been wrongly filed? 

 

Side note: lines 6 and 7 on 1040 also say $XX,000.

Use the per computer line, and send the transcripts anyway.  The computer is saying there is zero taxable income.

[aceegreene 34]

1 hour ago, pushbrk said:

Use the per computer line, and send the transcripts anyway.  The computer is saying there is zero taxable income.

Thank you! This helps a lot.

[aceegreene 34]

On 9/2/2019 at 3:44 AM, pushbrk said:

Use the per computer line, and send the transcripts anyway.  The computer is saying there is zero taxable income.

One more follow-up question, we made a mistake by not filling and sending Schedule 1 of the 1040 with our returns, which is required when adjusting foreign income. 

 

The travel.state.gov page says: "If you filed taxes under the “married filing jointly” category, you must also submit your Form(s) W-2 or schedules(s) from the most recent tax year."

 

Since we filed as married filing jointly, does the above statement mean we must include Schedule 1 of the 1040 as part of our I-864 package? Meaning we need to file an amended return? Or can we continue as is?

 

Thank you in advance!

[Nitas_man 3,100]

1 hour ago, aceegreene said:

One more follow-up question, we made a mistake by not filling and sending Schedule 1 of the 1040 with our returns, which is required when adjusting foreign income. 

 

The travel.state.gov page says: "If you filed taxes under the “married filing jointly” category, you must also submit your Form(s) W-2 or schedules(s) from the most recent tax year."

 

Since we filed as married filing jointly, does the above statement mean we must include Schedule 1 of the 1040 as part of our I-864 package? Meaning we need to file an amended return? Or can we continue as is?

 

Thank you in advance!

Request and submit a transcript

[aceegreene 34]

46 minutes ago, Nitas_man said:

Request and submit a transcript

Meaning file an amended return?

 

The amended return takes 16 weeks to process, that’s too long a wait for the amended transcript to come. Is it okay if I submit the current transcript I have and attach the amendment request with the application and an explanation? 

[Nitas_man 3,100]

2 hours ago, aceegreene said:

Meaning file an amended return?

 

The amended return takes 16 weeks to process, that’s too long a wait for the amended transcript to come. Is it okay if I submit the current transcript I have and attach the amendment request with the application and an explanation? 

File the amended return, print what you filed (usually 1040X), attach it to the transcript you did file, and submit it.  

 

It doesnt have to be processed, it has to be filed.  File it DHL or fedex and attach the receipt for that too.

 

You submit a tax return in lieu of a transcript and every scrap of paper that goes with that tax return has to be included.  Everything, including your assumptions for currency conversion.

 

Foreign earned income = zero for purposes of immigration.  I believe that was shared earlier.

 

We filed electronically overseas.  There was no possibility of any missing schedules.

Edited September 9, 2019 by Nitas_man

[aceegreene 34]

On 9/10/2019 at 1:40 AM, Nitas_man said:

File the amended return, print what you filed (usually 1040X), attach it to the transcript you did file, and submit it.  

 

It doesnt have to be processed, it has to be filed.  File it DHL or fedex and attach the receipt for that too.

 

You submit a tax return in lieu of a transcript and every scrap of paper that goes with that tax return has to be included.  Everything, including your assumptions for currency conversion.

 

Foreign earned income = zero for purposes of immigration.  I believe that was shared earlier.

 

We filed electronically overseas.  There was no possibility of any missing schedules.

Thank you, this is very helpful! Will do accordingly. 

 

Are you saying you did not have to include any schedules as part of your overseas tax filing? 

[Nitas_man 3,100]

2 hours ago, aceegreene said:

Thank you, this is very helpful! Will do accordingly. 

 

Are you saying you did not have to include any schedules as part of your overseas tax filing? 

The schedules are generated by the software. 

Because I used transcripts I didn’t print it all out for the affidavit.  It is perfectly acceptable to generate the return, print out everything, attach the income basis (example W2’s and 1099’s) and send that in lieu of a transcript.