How to fill I-864 with Foreign Income

[aceegreene 34]

15 minutes ago, Nitas_man said:

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.

Got it, thanks! Our mistake was that we filed manually

[Msbreeuk 33]

Just wanted to add something here for this scenario as this is kind of similar to my situation.

 

I'm the petitioner for my foreign husband and I currently have foreign income (we live and work in Australia). We file jointly every year due to having investments in both of our names in the US - we lived there for a few years before moving to Australia for my job. On the i-864, I put down my current job and put 0 as my income with an explanation in the notes section that my income does not count for this form due to earning foreign income. We are using our assets for the financial evidence so that part was fine and the proof of our assets was fine, too.  We're CC now but got stung during the NVC document submission stage because I did not include proof of my job (even though I explained on the i-864 that my income was all foreign and the form was accepted by the NVC) or W2s/1099s because I don't get a W2 (since I do not earn USD) and our 1099s have nothing to do with the income I am using for financial support. But, the NVC asked me for all of it so I had to get a letter from my employer here in Australia and I also had to provide all of our 1099s plus a letter explaining why I didn't have a W2.

 

So, my advice is to be safe and provide a letter from her foreign employer stating when she started, what her position is and how much she makes in the foreign currency, all 1099s that you have (if not, provide a letter explaining why you don't have 1099s) and a letter explaining why you don't have a W2 and it will save you a big headache. 

 

Good luck!

[aceegreene 34]

On 9/13/2019 at 7:48 AM, Msbreeuk said:

Just wanted to add something here for this scenario as this is kind of similar to my situation.

 

I'm the petitioner for my foreign husband and I currently have foreign income (we live and work in Australia). We file jointly every year due to having investments in both of our names in the US - we lived there for a few years before moving to Australia for my job. On the i-864, I put down my current job and put 0 as my income with an explanation in the notes section that my income does not count for this form due to earning foreign income. We are using our assets for the financial evidence so that part was fine and the proof of our assets was fine, too.  We're CC now but got stung during the NVC document submission stage because I did not include proof of my job (even though I explained on the i-864 that my income was all foreign and the form was accepted by the NVC) or W2s/1099s because I don't get a W2 (since I do not earn USD) and our 1099s have nothing to do with the income I am using for financial support. But, the NVC asked me for all of it so I had to get a letter from my employer here in Australia and I also had to provide all of our 1099s plus a letter explaining why I didn't have a W2.

 

So, my advice is to be safe and provide a letter from her foreign employer stating when she started, what her position is and how much she makes in the foreign currency, all 1099s that you have (if not, provide a letter explaining why you don't have 1099s) and a letter explaining why you don't have a W2 and it will save you a big headache. 

 

Good luck!

Thank you for the advice Msbreeuk! It’s always better to be safe. I don’t have any 1099s or W2s in my case, so I’ll include letters saying so. 

[Nitas_man 3,100]

Remember:  current Income proof (paystubs, etc) is still required whether it counts or not on the foreign income based affidavit.  They will not accept “zero income” when your tax returns clearly show you are working overseas.

Lot of right ways to do that depending on the country (paystubs, bank deposit records, employer letters or employment certificates, foreign tax records) but leaving this information out just delays your case.

[Msbreeuk 33]

1 hour ago, Nitas_man said:

Remember:  current Income proof (paystubs, etc) is still required whether it counts or not on the foreign income based affidavit.  They will not accept “zero income” when your tax returns clearly show you are working overseas.

Lot of right ways to do that depending on the country (paystubs, bank deposit records, employer letters or employment certificates, foreign tax records) but leaving this information out just delays your case.

That is so true. I was given incorrect advice (by an immigration lawyer no less!) and it caused my case to be delayed by a couple of months because the NVC didn't tell me everything at once but instead told me one document at a time what I was missing. We're now CC and waiting for an interview date but we could have been done with this whole thing (interview and all) a couple of months ago. 

 

9 hours ago, aceegreene said:

Thank you for the advice Msbreeuk! It’s always better to be safe. I don’t have any 1099s or W2s in my case, so I’ll include letters saying so. 

You're very welcome! I don't want anyone else to go through the hell we did.  

Just a couple more things:

1. Sign and date the explanation letters you provide for the lack of W2s and 1099s. 

2. Upload the letters to the appropriate topics on CEAC - you'll see one for 1099 and one for W2/Tax transcripts (something like that)

[aceegreene 34]

17 hours ago, Nitas_man said:

Remember:  current Income proof (paystubs, etc) is still required whether it counts or not on the foreign income based affidavit.  They will not accept “zero income” when your tax returns clearly show you are working overseas.

Lot of right ways to do that depending on the country (paystubs, bank deposit records, employer letters or employment certificates, foreign tax records) but leaving this information out just delays your case.

Thanks for this advice, as it validates my over preparation by having requested these documents 😛 we will be submitting employment letter and pay stubs of petitioners foreign job.

 

16 hours ago, Msbreeuk said:

That is so true. I was given incorrect advice (by an immigration lawyer no less!) and it caused my case to be delayed by a couple of months because the NVC didn't tell me everything at once but instead told me one document at a time what I was missing. We're now CC and waiting for an interview date but we could have been done with this whole thing (interview and all) a couple of months ago. 

 

You're very welcome! I don't want anyone else to go through the hell we did.  

Just a couple more things:

1. Sign and date the explanation letters you provide for the lack of W2s and 1099s. 

2. Upload the letters to the appropriate topics on CEAC - you'll see one for 1099 and one for W2/Tax transcripts (something like that)

Sure, will do! Thanks once again.