I846 - Anticipated income vs income listed on tax

[Shannen.E 0]

Hi!

 

My spouse and I filed I130 in September 2020. 

 

My spouse (the US petitioner) was living in Spain for the past two years and working in Spain until mid-October 2020 (he was earning above the US income requirement during this time). He therefore, has not filed US taxes for the past few years. He has just moved back to the US and is looking for employment now. If he gets employed in January or February 2021 with a salary that meets the income requirements, will this be sufficient for him to sponsor me when we need to file I846? 

 

I am worried that on his next income statement in 2021, he will have only been working for a few months and therefore, have low income on his tax statement. Will his anticipated income meeting the requirements be sufficient?

 

Just trying to work this out now, to see if we need to get a sponsor. 

 

Thank you!

 

 

 

[HRQX 4,145]

10 minutes ago, Shannen.E said:

He therefore, has not filed US taxes for the past few years.

He still needs to file those late tax returns:

10 minutes ago, Shannen.E said:

he will have only been working for a few months and therefore, have low income on his tax statement.

When submitting I-864, use recent paystubs to show current income.

Edited December 6, 2020 by HRQX

[TBoneTX 45,550]

Thread is moved from the K-3 Process forum to the CR-1 Process forum.

[Chancy 6,241]

33 minutes ago, Shannen.E said:

(he was earning above the US income requirement during this time). He therefore, has not filed US taxes for the past few years.

 

Advise your spouse that he needs to file taxes for the past years.

 

Aside from what HRQX noted about the filing requirement, the I-864 form asks: "Have you filed a Federal income tax return for each of the three most recent tax years?"  Your spouse cannot claim that he was not required to file taxes since he earned income above the filing threshold.

 

[Shannen.E 0]

1 hour ago, HRQX said:

He still needs to file those late tax returns:

When submitting I-864, use recent paystubs to show current income.

Apologies! He just let me know that he did file and declare his overseas income. 

 

Will it matter that no US income was earned, due to his income coming from overseas. I know that foreign income is not counted. 

 

If he gets a job next calendar year in the US and his yearly expected income is above the threshold is this sufficient without previous income in the US for the last two years?

35 minutes ago, Chancy said:

 

Advise your spouse that he needs to file taxes for the past years.

 

Aside from what HRQX noted about the filing requirement, the I-864 form asks: "Have you filed a Federal income tax return for each of the three most recent tax years?"  Your spouse cannot claim that he was not required to file taxes since he earned income above the filing threshold.

 

Apologies! He just let me know that he did file and declare his overseas income. 

 

Will it matter that no US income was earned, due to his income coming from overseas. I know that foreign income is not counted. 

 

If he gets a job next calendar year in the US and his yearly expected income is above the threshold is this sufficient without previous income in the US for the last two years?

[Chancy 6,241]

8 minutes ago, Shannen.E said:

Will it matter that no US income was earned, due to his income coming from overseas. I know that foreign income is not counted. 

 

If he gets a job next calendar year in the US and his yearly expected income is above the threshold is this sufficient without previous income in the US for the last two years?

 

The consul officer will make a decision on whether you will become a public charge based on the totality of your circumstances.  That includes your spouse's past income.  BUT the biggest factor in the decision will be his US income at the time of the interview.  His latest pay stub at that time will show his current income.

 

Since he has actually filed taxes for the years asked about in the I-864, no need for you to be anxious about him not having US-based income for those years.

 

[Shannen.E 0]

37 minutes ago, Chancy said:

 

The consul officer will make a decision on whether you will become a public charge based on the totality of your circumstances.  That includes your spouse's past income.  BUT the biggest factor in the decision will be his US income at the time of the interview.  His latest pay stub at that time will show his current income.

 

Since he has actually filed taxes for the years asked about in the I-864, no need for you to be anxious about him not having US-based income for those years.

 

Thank you so much for your advice  Really helpful!

[pushbrk 12,979]

15 hours ago, Chancy said:

 

The consul officer will make a decision on whether you will become a public charge based on the totality of your circumstances.  That includes your spouse's past income.  BUT the biggest factor in the decision will be his US income at the time of the interview.  His latest pay stub at that time will show his current income.

 

Since he has actually filed taxes for the years asked about in the I-864, no need for you to be anxious about him not having US-based income for those years.

 

Correct. And, Once he has a job, the only thing "anticipated" about his "current income" is that he anticipates keeping his job.