I-864 Affidavit of Support

[aerodnight 76]

Hey everyone, I was just on phone with USCIS representative. It was very disappointing conversation since the guy on the phone didn't understand any of my questions or was telling me to follow instructions/contact IRS.

 

I found out recently that as USC I have to file tax returns each year, even if I reside overseas and I pay my taxes in different country. I talked on the phone with some nice guy from IRS who told me that if my income was 100% foreign source and it was not exceeding $12200 dollars, then I'm not required to file tax returns. With that knowledge I contacted NVC first as all my doubts regard I-864 but I was told to contact USCIS since they can answer all questions regarding immigration process. After being in queue for 70 minutes I got contacted with USCIS guy who was given three questions

 

1. As I didn't file any tax returns for the last few years and it appears I was not required to do so, then during filling I-864 what am I supposed to put under tax returns from previous 3 years? IRS guy told me to refer to the fact that I was not required to file, but still advised me to contact them to make sure that is the best thing to do. The answer I got was to contact IRS regarding my tax returns, explaining that it is not the issue I have was ignored.

 

2.I asked whether I can use the salary that would be stated in the employment offer that I would get from my employer who is willing to transfer me from Europe to US facility as I know that I have to make enough to be able to sponsor my spouse's visa. I was told to follow instructions.

 

3.Last question I had was if there is some specific time the petitioner is given after receiving refusal on I-130 or I-864 to send missing document or to e.g. provide more proof of domicile if the list of evidences to re-establish domicile is not sufficient. The representative was not able to give me an answer to that.

 

I'm going to try to call them again the other day as I hope to be connected with someone more helpful. However if there is someone who could give me an answer to any of the above questions, I would really appreciate that

[geowrian 22,338]

To be blunt (sorry), those were the proper answers. Answering those questions with USCIS would constitute legal advice, which they cannot provide. They cannot tell you what to put on the forms.
 

1) To answer the question as asked...you can put zeros and mark the checkbox that you weren’t required to file. State why. However...

 

2) So you want to use your current income on the I-864 - because it will continue from the same source upon coming to the US - but you also claim you didn’t earn enough to be required to even file tax returns. These don’t both work out. Either your current income is enough to qualify - in which case it most definitely is above the minimum required to file taxes - or it was not enough to be required to file and therefore is not enough to sponsor somebody (as that is higher than the minimums to file).

 

3) If the I-864 is rejected at NVC, you will get a checklist and told to resend. They will keep the registration open for 1 year. The petition itself does not expire. If given a 221(g) at the consulate, you will have the same timeframe or the petition will be sent back to NVC. Again the petition does not expire.

[aerodnight 76]

@geowrian thanks for clearing the first and third, I get it know. Regarding your answer to the second question I'd like to be more specific what I meant. As I'm getting married next year, I can expect that I will be obligated to write down my tax returns from 2018-2020 and e.g. in 2018 I was still a student and I didn't make practically any money that year, in the summer of 2019 I was employed by my current employer, but since I only worked for half of a year I didn't make much. 2020 is the first year when I will pass the threshold required to file. Still, all this is Polish source income as I work for corporation that has many facilities in the world so when I move back to States, then my polish income would be changed to US source income and I would definitely make above the required amount to sponsor somebody. The big question is, whether I can use that income that I would just start to get as I would just begin to work in US, or do they only accept the income that was put in last year tax return what'd mean that to sponsor somebody I'd have to work in US for the whole year. I hope everything is clear now

[geowrian 22,338]

Gotcha.

 

As for #2, the I-864 will have you to list your current income that will be used to qualify for sponsorship. You can list your foreign income so long as it will continue from the same source upon return to the US. But what matters most is your current income. Until you actually start the job in the US, it is not your current income. Once you do start performing the work, that would be your current income (albeit having at least one pay stub to act as evidence of it is suggested).

Future employment and earning power would be a consideration in the totality of the circumstances. But for I-864 specific purposes (including to meet the minimum income level), you would list your current income.

[pushbrk 13,181]

8 hours ago, geowrian said:

Gotcha.

 

As for #2, the I-864 will have you to list your current income that will be used to qualify for sponsorship. You can list your foreign income so long as it will continue from the same source upon return to the US. But what matters most is your current income. Until you actually start the job in the US, it is not your current income. Once you do start performing the work, that would be your current income (albeit having at least one pay stub to act as evidence of it is suggested).

Future employment and earning power would be a consideration in the totality of the circumstances. But for I-864 specific purposes (including to meet the minimum income level), you would list your current income.

Correct, so to qualify without a joint sponsor, the petitioner would need to make the move to the US and start the US earning BEFORE providing the I-864.  It's that or a joint sponsor.

[aerodnight 76]

And such solution would also save me a trouble with re-establishing the domicile as I understand correctly? I guess leaving EU country and starting a job in US would be a strong argument for the embassy.

[pushbrk 13,181]

23 minutes ago, aerodnight said:

And such solution would also save me a trouble with re-establishing the domicile as I understand correctly? I guess leaving EU country and starting a job in US would be a strong argument for the embassy.

Evidence of intent to re-establish domicile is not really a big issue unless coming from Canada.  Even the job offer, would suffice.  Sponsorship qualifications are a far bigger issue.

[carmela123 0]

On 8/19/2020 at 4:48 AM, pushbrk said:

Evidence of intent to re-establish domicile is not really a big issue unless coming from Canada.  Even the job offer, would suffice.  Sponsorship qualifications are a far bigger issue.

I have a different question:

 

After being DQd our second child was born, should I update the AOS that is going to be handed over at the interview to reflect another household member I'm responsible for? If I do this, should I also add my new income,  even though I would still require a joint sponsor as this income isn't enough on its own to sponsor my husband...

[pushbrk 13,181]

21 hours ago, carmela123 said:

I have a different question:

 

After being DQd our second child was born, should I update the AOS that is going to be handed over at the interview to reflect another household member I'm responsible for? If I do this, should I also add my new income,  even though I would still require a joint sponsor as this income isn't enough on its own to sponsor my husband...

Yes, provide an updated AOS as applicable.