i-864 Affidavit of support query- need urgent help please

[markwebb 5]

Guys, 

 

I am American living in the UK for the past 17 years. I am planning to move back to the US by Jan'20 and also going to file i-130 for my British wife. 

 

I am not working currently but I am planning to get a job in the US before her Visa interview. I will be earning more than the minimum income requirement ( around 50-60k per annum ). 

 

So my questions are :

• Can I add a joint sponsor even if I am going to earn more than the minimum income requirement ?
• If I can add a joint sponsor along with my income, does that help our case ?

 

I was planning to add my brother as a joint sponsor as I don't have a US domicile but I read somewhere (not the official website ) that the petitioner cannot have a joint sponsor if he/she meets the minimum income requirement .

 

[NikLR 13,232]

So what you do is, submit your I-864 at the appropriate time and have your wife hand carry the joint sponsor paperwork to the interview in case it's asked for. 

[kris&me 572]

Basically (if you are making between the 50 to 60K as you say as the interview will be 12 to 14 months from application),  NVC and embassy will not be asking for a cosponsor

 

More important have you been working in Australia or at any time in the UK and did u file US tax returns using the form 2555 for the exclusion?

[NikLR 13,232]

2 minutes ago, kris&me said:

Basically (if you are making between the 50 to 60K as you say as the interview will be 12 to 14 months from application),  NVC and embassy will not be asking for a cosponsor

 

More important have you been working in Australia or at any time in the UK and did u file US tax returns using the form 2555 for the exclusion?

There is no NVC in process for DCF. 

[markwebb 5]

1 minute ago, kris&me said:

Basically (if you are making between the 50 to 60K as you say as the interview will be 12 to 14 months from application),  NVC and embassy will not be asking for a cosponsor

 

More important have you been working in Australia or at any time in the UK and did u file US tax returns using the form 2555 for the exclusion?

Sorry I didn't mention this earlier , I will be filing IR1 via Direct Councilor Filing -DCF so I am expecting the wait time  to be be 2-3 months.

Yes I have been working in UK but I haven't filed US returns ever. What do you suggest in this case ?

 

[carmel34 3,654]

All US citizens are required to file US tax returns to the IRS based on world wide income, it doesn't matter where you live in the world.  Look in your passport.  You should file IRS tax returns for the past three years now.  You may be able to file online depending on your circumstances, or through an online tax filing service.  File as married filing jointly.  Go to the IRS website for instructions and forms.  Good luck!

[markwebb 5]

On 12/8/2019 at 10:26 PM, carmel34 said:

All US citizens are required to file US tax returns to the IRS based on world wide income, it doesn't matter where you live in the world.  Look in your passport.  You should file IRS tax returns for the past three years now.  You may be able to file online depending on your circumstances, or through an online tax filing service.  File as married filing jointly.  Go to the IRS website for instructions and forms.  Good luck!

@carmel34 So I should file as married jointly even if my wife bring a Brit isn't required at this time to file any taxes in the US or should I file as married separately ? 

[markwebb 5]

 

• For the years 2017, 2018 I had 0 income and I started working in England in May 2019. So for 2019 , I need to put my global income here or American income which is zero in my  case ?
•  
• Also in which case is Item 25 valid ? From my understanding one must file their taxes even if there income is zero living in the US or abroad.

 

 

Edited December 11, 2019 by markwebb

[carmel34 3,654]

You can file as married jointly or as married separately, it's your choice.  Usually married jointly will give you a higher tax refund if there is one.  If you file as married jointly, your UK citizen spouse can be considered a resident of the US for tax purposes, so her income in the UK would be included.  Spend some time on the IRS website to read up on all of this. It's confusing, so you may want to hire an experienced tax accountant in the UK who knows US tax law.  They can also help you file a W-7 to request an ITIN number for your UK spouse which is required if you choose married jointly.  Or you can do it on your own if you have the time and patience to wade through all the forms and instructions.

 

They want the three most recent tax years' numbers on the I-864, so for you, today, that would be 2016, 2017, and 2018, unless you wait until January or February, then you will have W2 equivalents for the UK so that you can file for 2019 and your three most recent tax years would be 17, 18, and 19.  If you haven't even filed the petition yet, you won't have to submit the I-864 for many months, at the NVC stage, which won't be until 8 plus months after you file the I-130 petition (assuming that you're going to do a regular spousal visa process and not direct consular filing), so you have plenty of time to file a 2019 tax return with the IRS in early 2020, and the prior two years as well.  The most recent tax year IRS tax transcript, or full tax return, all pages and supporting schedules, plus W2 or UK equivalents, are required for the visa interview.  You check item 25 if you had no world-wide income at all, or it was below the minimum required to file, check IRS rules on this, and if you check that box, attach supporting documents like a letter of explanation to the I-864 when you submit it later in your process.  Remember that for IRS tax purposes, your income is world-wide, it doesn't matter where the income was received, where you were living, so include your UK income in the total for IRS tax purposes.  You will be able to exclude some or all of your UK income when you file your US tax returns, it depends on what your income in the UK was.

 

Another thing to keep in mind is that for the visa interview, your wife will need to take evidence of your current, US-based income, with a letter from your employer stating annual salary plus six months of pay stubs or statements.

 

Good luck with your journey!

Edited December 11, 2019 by carmel34

[Nitas_man 3,100]

On 12/8/2019 at 8:37 AM, markwebb said:

Sorry I didn't mention this earlier , I will be filing IR1 via Direct Councilor Filing -DCF so I am expecting the wait time  to be be 2-3 months.

Yes I have been working in UK but I haven't filed US returns ever. What do you suggest in this case ?

 

File 3 years of tax returns before you file anything else

[markwebb 5]

On 12/11/2019 at 9:22 PM, carmel34 said:

You can file as married jointly or as married separately, it's your choice.  Usually married jointly will give you a higher tax refund if there is one.  If you file as married jointly, your UK citizen spouse can be considered a resident of the US for tax purposes, so her income in the UK would be included.  Spend some time on the IRS website to read up on all of this. It's confusing, so you may want to hire an experienced tax accountant in the UK who knows US tax law.  They can also help you file a W-7 to request an ITIN number for your UK spouse which is required if you choose married jointly.  Or you can do it on your own if you have the time and patience to wade through all the forms and instructions.

 

They want the three most recent tax years' numbers on the I-864, so for you, today, that would be 2016, 2017, and 2018, unless you wait until January or February, then you will have W2 equivalents for the UK so that you can file for 2019 and your three most recent tax years would be 17, 18, and 19.  If you haven't even filed the petition yet, you won't have to submit the I-864 for many months, at the NVC stage, which won't be until 8 plus months after you file the I-130 petition (assuming that you're going to do a regular spousal visa process and not direct consular filing), so you have plenty of time to file a 2019 tax return with the IRS in early 2020, and the prior two years as well.  The most recent tax year IRS tax transcript, or full tax return, all pages and supporting schedules, plus W2 or UK equivalents, are required for the visa interview.  You check item 25 if you had no world-wide income at all, or it was below the minimum required to file, check IRS rules on this, and if you check that box, attach supporting documents like a letter of explanation to the I-864 when you submit it later in your process.  Remember that for IRS tax purposes, your income is world-wide, it doesn't matter where the income was received, where you were living, so include your UK income in the total for IRS tax purposes.  You will be able to exclude some or all of your UK income when you file your US tax returns, it depends on what your income in the UK was.

 

Another thing to keep in mind is that for the visa interview, your wife will need to take evidence of your current, US-based income, with a letter from your employer stating annual salary plus six months of pay stubs or statements.

 

Good luck with your journey!

Thanks bud

8 hours ago, Nitas_man said:

File 3 years of tax returns before you file anything else

Thanks