How to file I-864 in my case?

[kjsmith91 0]

I am a US citizen but have never worked or lived in the US, I have citizenship through my father. Upon moving, I know I will have to file an I-864 on behalf of my husband and daughter, with my father as the co-sponsor. How would I go about doing this from outside the US? A free consultation with a lawyer advised us about a getting a letter from my father and stepmother saying they would support us but not sure how this fits in with the documents we need to file?

[milimelo 4,475]

You're still the primary sponsor so you'll have to do I-864, file taxes, and potentially move to the US ahead of family if you can't prove re-establishment of domicile. 

[JeanneAdil 6,489]

u  didn't work in US but if u worked outside the US,  u need to file US tax returns 

and u r way ahead of the process

u will file the I 130(s)  with proper documentation of marriage , birth etc

and when u get to NVC stage in about a year,  u will file a I 864 with tax returns (or letter from IRS saying there is no returns filed according to their directions)

your joint sponsor will file I 864 with tax returns and other needed info 

 

 

[Mike E 11,739]

33 minutes ago, kjsmith91 said:

A free consultation with a lawyer advised us about a getting a letter from my father and stepmother saying they would support us but not sure how this fits in with the documents we need to file?

A letter will not suffice. If this is the same lawyer who advised you to file N-600K for your daughter, you need to find a new lawyer.

 

Your father would file I-864 and depending whether he needs his wife’s income to qualify or depending on the demands of the embassy, his wife would file I-864a.

[Crazy Cat 41,812]

1 hour ago, kjsmith91 said:

I am a US citizen but have never worked or lived in the US, I have citizenship through my father. Upon moving, I know I will have to file an I-864 on behalf of my husband and daughter, with my father as the co-sponsor. How would I go about doing this from outside the US? A free consultation with a lawyer advised us about a getting a letter from my father and stepmother saying they would support us but not sure how this fits in with the documents we need to file?

In addition, as the primary sponsor, you must file taxes (if income is above filing threshold) for the last 3 years.  

Edited April 14, 2023 by Crazy Cat

[Dashinka 24,480]

1 hour ago, kjsmith91 said:

I am a US citizen but have never worked or lived in the US, I have citizenship through my father. Upon moving, I know I will have to file an I-864 on behalf of my husband and daughter, with my father as the co-sponsor. How would I go about doing this from outside the US? A free consultation with a lawyer advised us about a getting a letter from my father and stepmother saying they would support us but not sure how this fits in with the documents we need to file?

If you are living in the UK right now, and planning to file the I130 you would use the letter as evidence you plan to re-establish domicile back in the US.  The letter will not take the place of the I864 you fill out as well as the I864/I864A from your father and step-mother (if an I864A is necessary).  You can file the I130s online to get the ball rolling then in about 12-24 months, you will need to provide the I864s prior to the interviews.

Edited April 14, 2023 by Dashinka

[kjsmith91 0]

46 minutes ago, Mike E said:

A letter will not suffice. If this is the same lawyer who advised you to file N-600K for your daughter, you need to find a new lawyer.

 

Your father would file I-864 and depending whether he needs his wife’s income to qualify or depending on the demands of the embassy, his wife would file I-864a.

I think we do too.

 

My stepmother works part time so her salary would not be enough to sponsor, it would be my father's income that meets the requirements 

[Mike E 11,739]

Just now, kjsmith91 said:

I think we do too.

 

My stepmother works part time so her salary would not be enough to sponsor, it would be my father's income that meets the requirements 

Ultimately this is up to the embassy to decide, and if the embassy decides they want her to sign an I-864a, she either does that or you find another joint sponsor.

[Dashinka 24,480]

3 minutes ago, kjsmith91 said:

I think we do too.

 

My stepmother works part time so her salary would not be enough to sponsor, it would be my father's income that meets the requirements 

Many consulates require the I864A from the spouse of the joint-sponsor (your father) when they file taxes jointly.

[kjsmith91 0]

1 hour ago, Crazy Cat said:

In addition, as the primary sponsor, you must file taxes (if income is above filing threshold) for the last 3 years.  

I have lived in the UK all my life, I dont have the first clue about filing US taxes!

[kjsmith91 0]

54 minutes ago, Dashinka said:

If you are living in the UK right now, and planning to file the I130 you would use the letter as evidence you plan to re-establish domicile back in the US.  The letter will not take the place of the I864 you fill out as well as the I864/I864A from your father and step-mother (if an I864A is necessary).  You can file the I130s online to get the ball rolling then in about 12-24 months, you will need to provide the I864s prior to the interviews.

We are travelling to the US in June and I plan to open a bank account, get my state ID etc which I have been told shows I am establishing domicile? I have never lived in the US before so I am unsure as to how I would provide tax returns for the I-864?

[Dashinka 24,480]

3 minutes ago, kjsmith91 said:

We are travelling to the US in June and I plan to open a bank account, get my state ID etc which I have been told shows I am establishing domicile? I have never lived in the US before so I am unsure as to how I would provide tax returns for the I-864?

I would consult with a tax attorney regarding your predicament.  As a USC it is required to be good with the IRS.

[JeanneAdil 6,489]

1 hour ago, kjsmith91 said:

I have lived in the UK all my life, I dont have the first clue about filing US taxes!

if u worked outside the US as a USC u r required to file taxes

bring up a 1040 form on IRS site and follow instructions

file the form 2555 to exclude foreign earned income for the yearly amounts (this amount changes each year )

 

For tax year2022, the maximum exclusion is $112,000 per person

 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures, where topics about I-864 for spouse of USC are discussed ***

 

2 hours ago, kjsmith91 said:

I have lived in the UK all my life, I dont have the first clue about filing US taxes!

 

As a US citizen, you are required to file US taxes, regardless of where in the world you live.  As a married person filing taxes separately, if you earned income more than $5 (yes, five, not 5k) in a year, you are required to file taxes.  For your family to immigrate to the US, you will be required to submit your US tax transcripts or tax returns for the 3 most recent tax years.  I suggest you look for a competent tax professional who handles tax filings for expats, to help you back-file your US taxes.  You will also need to report your UK or other non-US bank/investments accounts via FBAR filing.  If you hire a tax professional, make sure they are familiar with the IRS amnesty program for expats, so you can minimize the penalties for late filing.

 

[pushbrk 12,870]

9 hours ago, kjsmith91 said:

I think we do too.

 

My stepmother works part time so her salary would not be enough to sponsor, it would be my father's income that meets the requirements 

The best practice would be for your joint sponsor's spouse to provide the I-864a whether they have income or not, or whether their income is needed or not.