Help I-864 Foreign Income/ Joint Sponsor

[MMorrison 0]

First let me say thanks to all on this forum it's been a huge help while moving through this process. 

 

I (US Citizen) and my wife will be using DCF for our I-130, due to a short notice job offer, and I'd like to get a good grasp on the I-864 for when the time comes to submit. 

 

I have lived abroad for the last five years, and I have not filed taxes. My foreign income I believe falls beneath the threshold for filing, but would like to know in this case if any necessary supporting documents are needed to corroborate this, so that I may start to gather them, or if this will not be needed. 

 

We will have joint sponsors (parents) as I understand it I would still need to file an I-864 (due to being the petitioner) and they would file and check boxes 1.e on form I-864 as joint sponsors correct? 

 

Being right on the cusp of exceeding the minimum income required to not file a return, if it turns out I surpassed and needed to file, will this affect our process, or will they call back on our joint sponsors?

 

We will for a time live at the same address as my parents. Should they list me as a member of the household on their form I-864? Or would I not be included given I am the petitioner (but will be listing their home address as mine as well) 

 

I appreciate any insight, and can provide any details needed for more clarity. 

 

Thanks! 

[Wuozopo 4,293]

10 hours ago, MMorrison said:

I have lived abroad for the last five years, and I have not filed taxes. My foreign income I believe falls beneath the threshold for filing, but would like to know in this case if any necessary supporting documents are needed to corroborate this, so that I may start to gather them, or if this will not be needed. 

Typically you would file a US tax return as Married Filing Separately when you are abroad because your foreign spouse doesn’t have a SSN or ITIN. That’s a whole other can of worms to get one. And you would have to report your spouses income if she is filing with you.  So as a Married Filing Separate, if you earn at least $5, you are supposed to file.  I suppose you can look at the MFJ thresholds and go by that if you fall under $24,800 (2020) and say you were not required to file. However, you would get the recovery rebates ($1800) by filing and owe no US tax so something to consider as a reason to file.

 

Back to your question, the I-864 needs the most recent tax return attached OR a signed statement why you were not required to file. So your write a statement something like—In 2020 I did not file a tax return because my income was $20,972.11 and below the filing threshold of $24,800 for a married filing jointly taxpayer. You don’t have to provide documents to prove that.

 

10 hours ago, MMorrison said:

will have joint sponsors (parents) as I understand it I would still need to file an I-864 (due to being the petitioner) and they would file and check boxes 1.e on form I-864 as joint sponsors correct? 

I-864 for you as petitioner. 

i-864 from one parent who earns enough with 1d checked. 
 

10 hours ago, MMorrison said:

Being right on the cusp of exceeding the minimum income required to not file a return, if it turns out I surpassed and needed to file, will this affect our process, or will they call back on our joint sponsors?

Your tax return would show $0 total income because you would be taking the Foreign Earned Income Exclusion which subtracts out the foreign income you reported in 2020. (And before). Your foreign income also will not count as income for the I-864 unless it will continue from the same source in the US. So yes, your joint sponsor’s income will be used to qualify.

 

10 hours ago, MMorrison said:

We will for a time live at the same address as my parents. Should they list me as a member of the household on their form I-864? Or would I not be included given I am the petitioner (but will be listing their home address as mine as well) 

Think of Household on the I-864 as a “financial household” not a literal one. So you are an adult and not on their tax return as a dependent. You are not included as a member of their household on the form. The immigrant gets counted because they are sponsoring her.  Your form’s household will be 2, you + spouse.