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

[pushbrk 12,998]

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 23]

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 41,985]

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 23]

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 45,735]

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 23]

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 41,985]

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 23]

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 41,985]

Just now, Elavod said:

Thank you for your service

Thanks.  It was my honor.

[Elavod 23]

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!

[Elavod 23]

Hi everyone. Our I-130 petition was approved today! ✌️
I'm sharing the instructions for next steps provided by the consulate, for reference.

 

* Step 1: Complete & send your online application DS-260

Complete the DS-260 “Immigrant Visa Application Form” online for each applicant, save and print the confirmation page. IMPORTANT, please select “Frankfurt” as the processing post. Once completed, please send the DS-260 confirmation to us as PDF via email. Please go to “Immigrant Visas” and proceed to “Provide or update my DS-260/ DS-160”.

* Step 2: Choose visa delivery method & submit interview appointment request

Go to ustraveldocs.com to create an account. This website will allow you to select a visa delivery method and to schedule an appointment for your visa interview. Choose your visa delivery method before your appointment. Registering provides us with the information we need to return your passport to you after your interview.

As soon as our office has received your DS-260 confirmation page via email (Step 1), and you have submitted an appointment request, our office will be able to approve your appointment request.

* Step 3: Complete your pre-interview checklist

Prior to scheduling your appointment, you must obtain all documents listed below that pertain to your case and bring them to your visa interview. DO NOT send them to this office by mail. Please refer to the Document Finder to learn about the civil document requirements for each country. You must be prepared to present the originals of all civil documents plus one copy each. The originals will be returned to you after the visa interview.

Our office accepts documents in English or German. All documents not in English or German must be accompanied by an English translation. Translations must be certified by a competent and registered translator. Do not separate original and copy.

- A copy of your interview appointment confirmation scheduled at ustraveldocs

- DS-260 confirmation: Confirmation page of your DS-260 online application submitted at CEAC.

- Passport: Your unexpired passport must be valid for six (6) months beyond your intended date of entry to the United States.

- Proof of prior U.S. visas: If you have been issued any type of non-immigrant visa to the United States (for example, tourist, student, or work visas) bring your passport containing the visa to your interview.

- Birth certificate: You and each family member immigrating with you must obtain an original birth certificate or certified copy. The date and place of birth and parent(s) name(s) must be shown on the birth certificate. If you or any of your children were adopted, you must also submit a certified copy of the final adoption decree.

- Marital status documents (not required if never married): Marriage certificate if you are married. Legal termination of any prior marriages, e.g. divorce decree or death certificate of ex-spouse.

- Police certificate(s): If you are 16 years of age or older, you must obtain police certificates from all countries you have lived in using below criteria:
If you… Are 16 years old or older
AND you… Lived in your country of nationality for more than 6 months at any time in your life
THEN submit a police certificate from… Your country of nationality
If you… Are 16 years old or older
AND you… Have lived in your country of current residence (if different from nationality) for more than 6 months
THEN submit a police certificate from… Your country of current residence
If you… Have ever lived in another country for 12 months or more
AND you… Were 16 years or older at the time you lived there
THEN submit a police certificate from… The country where you used to live
If you… Were arrested for any reason, regardless of how long you lived in that city or country, and no matter what age you were
THEN submit a police certificate from… The city and/or country where you were arrested
Note: Present and former residents of the United States do NOT need to submit any U.S. police certificates.

Important: Police certificates expire after two years, unless the certificate was issued from your country of previous residence, and you have not returned there since the police certificate was issued.

All police certificates with an entry must be accompanied by a certified English translation.

- Court and prison record: Persons who have been convicted of a crime must submit each court record and any prison record, regardless of whether they benefited from an amnesty, pardon, or other act of clemency. English translations must be provided for all court and prison records.

- Military record: A military service record, if applicable and obtainable, is required.

Evidence of financial support:
- The appropriate Form I-864 Affidavit of Support for each financial sponsor along with a photocopy of the sponsor’s IRS transcript or most recent U.S. federal income tax return, and any relevant W-2s

- Proof of your U.S. petitioner’s (and if applicable) joint sponsor’s status and domicile in the United States (photocopy of a U.S. passport, naturalization certificate, or lawful permanent resident card).

- Biometric photo: One color photograph for each applicant, regardless of age, is required (less than 6 months old, without glasses). Please write the applicant’s name on the back of the photograph. Further guidance is available on our website.

Petitioner documents:
- If you are applying for an IR5 visa as the parent of a U.S. citizen or for an F4 visa as the brother or sister of a U.S. citizen: You must obtain an original birth certificate for your petitioner, or a certified copy.

- If you are applying for an IR1, CR1, or F2A visa as the spouse of a U.S. citizen or Lawful Permanent Resident and your petitioning spouse was previously married: You must obtain evidence of the termination of EVERY prior marriage your petitioning spouse has had. This evidence must be an original or certified copy of one of the following documents: FINAL legal divorce decree, death certificate, or annulment papers.

- Medical examination: You (and each family member or “derivative applicant” applying for a visa with you) are required to schedule a medical appointment with one of our approved panel physicians. Note that you do not need to contact the Consulate and may attend your regularly scheduled interview even if the appointment for the medical examination is after your interview day. You will be interviewed, and the processing of your case completed once the medical examination results have been received by the respective case worker. The list of approved physicians and additional information is available here.

* Step 4: Your visa interview appointment

On the day of your interview, please submit the following:

- your visa delivery registration (see Step 2)

- the required documents, originals and copies (see Step 3)

- Immigrant visa fee - 325 USD for family-based Immigrant visas

We accept the following payment option at the U.S. Consulate Frankfurt: Cash (U.S. dollars or Euro) or credit cards, no EC cards

The following persons may accompany a visa applicant to their interview:

- U.S. citizen/ U.S. LPR petitioners

- Interpreter: Applicants may bring ONE interpreter if they do not speak English or German well enough to participate in an interview
Special Needs Visitors: Applicants may bring ONE person to help if they are elderly, disabled, or a minor child

If your visa is approved, we will keep your passport at the consulate while we prepare your immigration packet and print a visa for your passport. This process can take up to 14 business days. The visa will be sent to you via the delivery method selected at Step 2.

IMPORTANT: No advance assurance can be given when or whether your visa will be issued. You should NOT resign from your place of employment, sell property, or make any final travel arrangements until the visa has been issued and is in your possession.

Step 5: After visa approval

Passport, Visa, and Sealed Immigrant Packet – We will place your immigrant visa on a page in your passport. Please review your visa to make sure there are no spelling errors.

Attention:
Visa applicants will receive a sealed envelope containing documents that they must give to U.S. immigration authorities when they arrive in the United States for the first time. Do not open this envelope. You must carry it with you; do not put it in your checked luggage.

If your case was processed as an electronic case and your visa contains the following annotation “IV DOCS IN CCD”, you will NOT receive a sealed envelope.

USCIS Immigrant Fee – All individuals who are issued immigrant visas overseas must pay an Immigrant Fee to USCIS prior to traveling to the United States. This fee is for processing your residency status and printing your Permanent Resident Card.

When You Should Travel – You must enter the United States before the expiration date on your visa. Your visa cannot be extended, and all fees are nonrefundable. The principal applicant must enter before or at the same time as other family members with visas.

Getting a Green Card – Your Form I-551 Permanent Resident Card, also known as a green card, will be automatically mailed to the address in the United States that you have provided on your DS-260 form (Step 1). Once you become a lawful permanent resident you should not stay outside of the United States for more than one year. If you do, you will lose your status as a lawful permanent resident.

[Elavod 23]

On 9/20/2024 at 6:08 PM, Elavod said:

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!

 

Hi @Dashinka @pushbrk @Crazy Cat

Our I-130 was approved today! 🙂

Do you have experience with Form I-864? Could you advice me on the issue described above? Thank you very much for your time.

[Dashinka 24,639]

10 minutes ago, Elavod said:

 

Hi @Dashinka @pushbrk @Crazy Cat

Our I-130 was approved today! 🙂

Do you have experience with Form I-864? Could you advice me on the issue described above? Thank you very much for your time.

You as the USC will need to complete an I864 affidavit of support, and since you are not currently domiciled in the US, you need to find a qualifying joint sponsor that will fill out a separate I864.  A qualifying joint sponsor is anyone domiciled in the US and is either a USC or an LPR.

 

Congrats on the I130 approval.

 

Good Luck!

[Elavod 23]

1 minute ago, Dashinka said:

You as the USC will need to complete an I864 affidavit of support, and since you are not currently domiciled in the US, you need to find a qualifying joint sponsor that will fill out a separate I864.  A qualifying joint sponsor is anyone domiciled in the US and is either a USC or an LPR.

 

Congrats on the I130 approval.

 

Good Luck!

Hi Dashinka,
Thanks for your message!
Yes, we are on the same page 🙂

However, I have some doubt of whether I've gathered enough evidence from my Joint Sponsor.
I'm pasting here my previous post:
 

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!

 

[Dashinka 24,639]

37 minutes ago, Elavod said:

Hi Dashinka,
Thanks for your message!
Yes, we are on the same page 🙂

However, I have some doubt of whether I've gathered enough evidence from my Joint Sponsor.
I'm pasting here my previous post:
 

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!

 

If you have the IRS transcripts, use those, consulates generally like those better.  I would not worry about W2's/1099's and copies of the returns as the transcripts have all the required information.  Also, you only need the most recent tax year's filings, but it is good to have the previous two years (total of 3 years) with you in case they ask for more.  Also, it is a good idea to have your father fill out an I864A as a household member as oftentimes consulates ask for this when one spouse is sponsoring or co-sponsoring an immigrant and they file taxes jointly.  Beyond that, the I864 is only looking for financial evidence, so the list you have with the suggestions I made should be enough.  So to be clear, you will have your own I864 showing zero income, your mother will fill out her own I864 with her financial/tax evidence, and your father will fill out an I864A.

 

Good Luck!