Please clarification on AOS Co. Sponsor, Assets and Shipment envelop/box

[Bgail 2]

We are a family of 5, my hubby (USC), myself (Beneficiary) and my 3 kids from previous marriage (3 kids are USC). We are getting a co-sponsor. Our co-sponsor is divorced, he has a daughter he is responsible for.

 

1.) How will the household size be calculated when the sponsor is filling the I-864 form? Will my USC husband be added to the sponsor's household size or just my kids and I?

2.) If I have an asset in my country, will i be required in the U.S. to pay tax on that asset even if the asset does not generate money for me?

3.) What is the best USPS envelop or box to use, going by the volume of documents we are submitting? (I saw different USPS priority mail envelops and boxes online that i can order)

[Crazy Cat 41,845]

1.  The Joint Sponsor's household will not include your husband or your US citizen children.  

2.  The US generally does not tax wealth or foreign assets which aren't generating income.....although some foreign assets and bank accounts must be reported.

3.  Your local USPS office should be able to help you choose the appropriate size envelope.  I highly recommend USPS Priority Mail.

Edited June 12, 2020 by Lucky Cat

[Bgail 2]

12 minutes ago, Lucky Cat said:

1.  The Joint Sponsor's household will not include your husband or your US citizen children.  

2.  The US generally does not tax wealth or foreign assets which aren't generating income.....although some foreign assets and bank accounts must be reported.

3.  Your local USPS office should be able to help you choose the appropriate size envelope.  I highly recommend USPS Priority Mail.

Thank you very much.

As regards the income requirements, my spouse income is less than the required income for a family of 5. That's why we are getting a sponsor. So where does my USC kids come in please?

[Crazy Cat 41,845]

28 minutes ago, Bgail said:

Thank you very much.

As regards the income requirements, my spouse income is less than the required income for a family of 5. That's why we are getting a sponsor. So where does my USC kids come in please?

Your husband, the primary sponsor, must also complete an I-864....which will include himself, you, and the 3 children.  Your joint sponsor is responsible only for his/her household and you, the immigrant.  The Immigration Officer will consider the whole financial picture, along with the information on your I-944 regarding the question of your becoming a public charge in the future.

Edited June 12, 2020 by Lucky Cat

[NancyNguyen 1,657]

2. No tax on principal

[Bgail 2]

15 minutes ago, Lucky Cat said:

Your husband, the primary sponsor, must also complete an I-864....which will include himself, you, and the 3 children.  Your joint sponsor is responsible only for his/her household and you, the immigrant.  The Immigration Officer will consider the whole financial picture, along with the information on your I-944 regarding the question of your becoming a public charge in the future.

Yeah my spouse has completed I-864 form and listed myself and kids making up family of 5.

 

But please to be clear, are you saying when the joint sponsor is filling the I-864 form, his household will be himself (sponsor), sponsor's daughter and myself only?

 

Is it because my kids are USC, that's why the sponsor is not required to list them amongst his household?

 

Can my asset be added to make up for income requirement?

5 minutes ago, NancyNguyen said:

2. No tax on principal

Sorry please can you explain?

[NancyNguyen 1,657]

1 minute ago, Bgail said:

Yeah my spouse has completed I-864 form and listed myself and kids making up family of 5.

 

But please to be clear, are you saying when the joint sponsor is filling the I-864 form, his household will be himself (sponsor), sponsor's daughter and myself only?

 

Is it because my kids are USC, that's why the sponsor is not required to list them amongst his household?

 

Can my asset be added to make up for income requirement?

Sorry please can you explain?

You don't have to pay tax for your principal money when it comes to the US. For example, you have $100 thousands from your country, you don't have to pay tax when you bring it to the US.

[geowrian 22,337]

4 minutes ago, Bgail said:

Is it because my kids are USC, that's why the sponsor is not required to list them amongst his household?

Because he is not and will not be financially responsible for them.

He is not sponsoring them and he has no legal obligation to support them. They are not dependent upon his income.

It's not related to their citizenship, immigration status, etc.

 

Also, be sure to file FBAR and/or FATCA as appropriate. This is not a tax - it's only reporting of foreign-held assets.

Failure to file these can have very hefty penalties.

Edited June 12, 2020 by geowrian

[Bgail 2]

2 minutes ago, NancyNguyen said:

You don't have to pay tax for your principal money when it comes to the US. For example, you have $100 thousands from your country, you don't have to pay tax when you bring it to the US.

Ok thanks. Its asset not yet sold

2 minutes ago, geowrian said:

Because he is not and will not be financially responsible for them.

He is not sponsoring them and he has no legal obligation to support them. They are not dependent upon his income.

It's not related to their citizenship, immigration status, etc.

Ok thanks

[geowrian 22,337]

7 minutes ago, Bgail said:

Ok thanks. Its asset not yet sold

Sale of the asset may or may not result in taxable income being generated.

For example, selling a property for a gain may result in taxable income (seek a CPA). But this is not specific to foreign assets...US assets are treated the same way.

Edited June 12, 2020 by geowrian

[Bgail 2]

6 minutes ago, geowrian said:

Sale of the asset may or may not result in taxable income being generated.

For example, selling a property for a gain may result in taxable income (seek a CPA). But this is not specific to foreign assets...US assets are treated the same way.

Thanks alot. But please I am still not clear on the sponsor stuff.

 

We were going to use a lawyer before I found out about visa journey and the lawyer during consultation said that even if my husband lists us on I-864 and that since we are a family of 5 and my sponsor is a family of 2, when the sponsor is filling out form I-864, he will list my whole household of 5 and also his household of 2 making the sponsors household 7.

 

[geowrian 22,337]

8 minutes ago, Bgail said:

We were going to use a lawyer before I found out about visa journey and the lawyer during consultation said that even if my husband lists us on I-864 and that since we are a family of 5 and my sponsor is a family of 2, when the sponsor is filling out form I-864, he will list my whole household of 5 and also his household of 2 making the sponsors household 7.

Not really any way to say it other than he was mistaken or one of you misunderstood the circumstances/advice.

 

The joint sponsor will complete an I-864. Part 5 will determine the household size.

The only way he would have to count the petitioner or the kids is if they fell into one of the categories listed there.

Edited June 12, 2020 by geowrian

[Crazy Cat 41,845]

36 minutes ago, Bgail said:

Is it because my kids are USC, that's why the sponsor is not required to list them amongst his household?

Correct.  He is not normally responsible for US citizens other than in his immediate household.

Edited June 12, 2020 by Lucky Cat

[geowrian 22,337]

6 minutes ago, Lucky Cat said:

Correct.  He is not normally responsible for US citizens other than in his immediate household.

Even if they were LPRs (or had a non-immigrant status), the joint sponsor wouldn't have to list them. They aren't responsible for the kids.

The only way he would have to list them is if they were dependent upon him financially (i.e. listed on his taxes), or if he was sponsoring them for a green card (although that would be on their own I-864s in this case anyway...not the mother's).

[Crazy Cat 41,845]

2 minutes ago, geowrian said:

Even if they were LPRs (or had a non-immigrant status), the joint sponsor wouldn't have to list them. They aren't responsible for the kids.

The only way he would have to list them is if they were dependent upon him financially (i.e. listed on his taxes), or if he was sponsoring them for a green card (although that would be on their own I-864s in this case anyway...not the mother's).

Thanks...😃