DCF Advice on I-864 Filing as a U.S. Citizen Living Abroad with Unfiled U.S. Taxes (Merged Threads)

[pushbrk 12,647]

11 hours ago, elavod said:

Hello, @pushbrk, thank you so much for your response— it really helped clarify things!

 

I hope you don’t mind if I ask for your advice on how to fill out Part 6, Item 7 of the I-864.

I understand that my foreign income will be disregarded since it’s not expected to continue, and my future US income (stated in my job offer letter) should also be ignored. However, could you confirm that the best course of action is to enter $0 in this field? Thanks again!

Read the question carefully.  It contains the words "that you are using to qualify".  You don't have any income to use to qualify.

[Elavod 16]

Hi all,

 

I’m trying to figure out the minimum recommended evidence that my joint sponsor(s) should provide for the I-864/I-864A. I’m not very familiar with the U.S. tax system, so I would appreciate your guidance.

 

Here’s my situation:

- I’m transitioning from a German employer to a U.S. employer, so my qualifying income is zero, and I need a joint sponsor.
- My parents live together in the U.S. and file their taxes jointly.
- Including the intending immigrant, their household size is 4.
- My father is retired, and my mother earns the majority of their income.
- In 2023, my mother’s income alone is well above the federal poverty line for their household size.

 

In my understanding, my mother's income alone should be sufficient to qualify. Therefore, no need for my father's income to be included in her I-864, so no I-864A from him. Correct?

 

Based on the I-864 instructions, I believe that the REQUIRED documents are:

- Form I-864 from my mother.
- Copy of my mother's U.S. passport.
- Their joint 1040 and all schedules from 2023.
- Since we are submitting photocopies of their tax return (not IRS transcripts), we need to include my mother's W-2s for all sources of her income.

 

I believe that my father's W-2s would not be needed, correct?

 

Would this suffice? Do you recommend including more documentation beyond the minimum? I want to minimize the burden on my parents.

 

Thanks in advance for any advice!

[Crazy Cat 41,355]

24 minutes ago, Elavod said:

Based on the I-864 instructions, I believe that the REQUIRED documents are:

- Form I-864 from my mother.
- Copy of my mother's U.S. passport.
- Their joint 1040 and all schedules from 2023.
- Since we are submitting photocopies of their tax return (not IRS transcripts), we need to include my mother's W-2s for all sources of her income.

Don't forget that sponsors must also provide evidence of CURRENT annual income.  Tax returns, transcripts, and W-2s are evidence of past income....not current income.  Some examples of current income evidence include pay stubs, employment letters, award/benefit letters, etc. which show what the sponsor is likely to receive over the next 12 months.

[Elavod 16]

2 minutes ago, Crazy Cat said:

Don't forget that sponsors must also provide evidence of CURRENT annual income.  Tax returns, transcripts, and W-2s are evidence of past income....not current income.  Some examples of current income evidence include pay stubs, employment letters, award/benefit letters, etc. which show what the sponsor is likely to receive over the next 12 months.

 

Thanks for this! I checked the I-864 instructions, and it says that submitting evidence of current income is optional unless specifically requested by a U.S. Government official. However, I understand that it can still be useful to provide this evidence to demonstrate ongoing income and avoid potential delays.

 

Since my mother’s income from her job is stable and well above the required level, I might include her recent pay stubs or ask for an employment letter just to be safe. That way, there’s a clear picture of both past and current income.

 

But again, this is in principle "optional", right?

 

Quote

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. [From: Instructions for Affidavit of Support Under Section 213A of the INA, Page 8]

 

[Boiler 44,987]

Part 6, Question 15

You must provide the current annual household income for yourself and any household members whose income will be considered to support the principal immigrant and any family members listed in Part 3. In order for the household member’s income to be considered in support of the immigrants, the household member also needs to complete Form I-864A, Contract Between Sponsor and Household Member.

[Elavod 16]

14 minutes ago, Boiler said:

Part 6, Question 15

You must provide the current annual household income for yourself and any household members whose income will be considered to support the principal immigrant and any family members listed in Part 3. In order for the household member’s income to be considered in support of the immigrants, the household member also needs to complete Form I-864A, Contract Between Sponsor and Household Member.

Thanks. So, since my mother's income alone is sufficient, no need to include my father's income and no need for him to file 864A, correct?

[Crazy Cat 41,355]

1 hour ago, Elavod said:

But again, this is in principle "optional", right?

In the military (20 years), my motto was "over-prepared means fully-prepared".  Why leave it up for question?  

 

The US government wants to ensure the petitioner/sponsor can provide adequate financial support for the new immigrant after arriving in the US.  Support comes income generated over the following year (current annual income) after entry, regardless of what the petitioner/sponsor earned last year.  

What if I made $300,000 last year, but since filing my taxes, my income has dropped to $15000?  My tax forms do not reflect my current income.

That's my rationale for including current income evidence. 

 

Edited September 15 by Crazy Cat

[Elavod 16]

13 minutes ago, Crazy Cat said:

In the military (20 years), my motto was "over-prepared means fully-prepared".  Why leave it up for question?  

 

The US government wants to ensure the petitioner/sponsor can provide adequate financial support for the new immigrant after arriving in the US.  Support comes income generated over the following year (current annual income) after entry, regardless of what the petitioner/sponsor earned last year.  

What if I made $300,000 last year, but since filing my taxes, my income has dropped to $15000?  My tax forms do not reflect my current income.

That's my rationale for including current income evidence. 

 

Absolutely, that makes perfect sense! I’ll provide as much information as I can to support the case.

 

That said, my parents are sending me their documents gradually—it seems like it’s taking some time for them to dig everything up (e.g., they each have W-2s from multiple sources).

If there’s any way we could omit my father’s income, it would definitely ease the burden of proof on our end.

By the way, I just read your bio about your time in the US Air Force—impressive! Thank you for your service.

[Crazy Cat 41,355]

Just now, Elavod said:

Thank you for your service

Thanks.  It was my honor.

[Elavod 16]

On 9/15/2024 at 1:33 PM, Elavod said:

Hi all,

 

I’m trying to figure out the minimum recommended evidence that my joint sponsor(s) should provide for the I-864/I-864A. I’m not very familiar with the U.S. tax system, so I would appreciate your guidance.

 

Here’s my situation:

- I’m transitioning from a German employer to a U.S. employer, so my qualifying income is zero, and I need a joint sponsor.
- My parents live together in the U.S. and file their taxes jointly.
- Including the intending immigrant, their household size is 4.
- My father is retired, and my mother earns the majority of their income.
- In 2023, my mother’s income alone is well above the federal poverty line for their household size.

 

In my understanding, my mother's income alone should be sufficient to qualify. Therefore, no need for my father's income to be included in her I-864, so no I-864A from him. Correct?

 

Based on the I-864 instructions, I believe that the REQUIRED documents are:

- Form I-864 from my mother.
- Copy of my mother's U.S. passport.
- Their joint 1040 and all schedules from 2023.
- Since we are submitting photocopies of their tax return (not IRS transcripts), we need to include my mother's W-2s for all sources of her income.

 

I believe that my father's W-2s would not be needed, correct?

 

Would this suffice? Do you recommend including more documentation beyond the minimum? I want to minimize the burden on my parents.

 

Thanks in advance for any advice!

Hi everyone, I need some help determining whether I have enough evidence for my I-864 submission.

 

Recap of my I-864 Situation:

 

- I am the Petitioner Sponsor with no qualifying income.
- My mother is the Joint Sponsor, with three sources of wages (let's call them A, B, and C) and a corporation.
- My father is a household member of the Joint Sponsor, he is retired but has a corporation making him some income.
- They file taxes jointly.

- Any of my mother’s three wage sources alone is sufficient to meet the income requirement.

 

Documents I’ve gathered so far:

 

- Mother and father’s joint tax returns for 2023 (both IRS transcript and photocopies of their personal records, including Form 7203 for each corporation).
- Mother and father’s joint tax returns for 2022 (IRS transcript)
- Mother's 2023, 2022 and 2021 W-2s from Source A.

- Mother's 2023 W-2 from Source B.

- Mother's 2023 1099 from Source C.
- Mother’s Source A pay stubs for the past six months.

 

Do I have enough evidence for my I-864 submission? Am I missing anything that’s required or good to include? 

Do you definitely recommend that my father files the I-864A form?

 

Thanks in advance for your advice!