Equardo

Hi All I am filing I-864 for spousal sponsorship and have question about foreign earned income. For the past 4 years I had taken the Foreign Earned Income exclusion so my total income in the IRS transcripts show up as $0. Based on what I've read here on similar threads, USCIS does not count this income anyways for qualification purpose, which is fine by me because for 2024, I have been working FT back here in the US and can show enough income in Part 6, question 7 (current individual income). What should I put in question 24.a - c where it asks for total income reported on Federal tax returns? Should I put $0 for each of the last 3 years or show the actual overseas earnings and provide explanation in Part 11 (Additional Information)? To be on safe side, I am also planning on adding a family relative as joint sponsor (to allay my own concerns about showing $0 income for the past 3 years). The joint sponsor is married and have been filing his tax returns as MFJ. But to provide this sponsorship, if he only shows his current income in Part 6, question 7, then what 'total income' should he show in 24.a - c? Would this just be his own income according to his previous years' W-2s or the husband+wife combined income they reported on line 9 in IRS Form 1040? Thanks

Just an update - for calendar year 2023, I filed my US tax return online today as Married Filing Single. On Form 1040, I only entered my wife's full name and left the SS # field blank. After a couple iterations of correcting some calculation errors, my return was successfully accepted by IRS. Phhewww! hopefully closed and behind me now. Will wait to see when the transcript becomes available.

Oh that would be great if their mentioned process goes through and allow for e-file with no SS# for the spouse. I was looking at other online service I had used previous years but they don't have this option at all. That's a big help!

For tax year 2023, I did not have any US based income and I will be filing the return only to report my overseas income. But yes for 2024, I believe filing jointly would be beneficial as I am back in the US now working FT here.

Great, thanks again!

Thank you for sharing your experience, this might come handy next year when I'd be filing for 2023 returns. One thing - is it required to file amended tax returns once you obtained the ITN for your husband and then again with his SSN? or you did it out of abundance of caution? And also, did you file online or paper when you used all 9s?

Thanks a lot for your inputs.

Would you guess if she is required to file hers separately?

I got married in Dec. 2023. My wife is currently visiting me since early July this year on a visit visa and I filed for her I-130 3 weeks ago in F2A category (I am an LPR). She had no presence in the US all throughout 2023 and 2022 so my best guess is she does not meet the physical presence test that would have made her required to file taxes on her worldwide income? I had filed for extension for 2023 Taxes and as I am now preparing the returns, I wanted to ask whether I should file under married but filing separately? and what do I do about the SS# or ITN # for her. I believe she can't get/qualify to get an ITN either. And if I am filing as married but filing separately, does my wife still need to file her returns too albeit with zero income? Thanks

A further follow up about questions on I-130. It asks "where did you and your spouse last live together?" We had only stayed together for maybe 2 weeks at the time of our wedding at a residence arranged by my wife's family. Do I mention that address & time or should I put it as "Never lived together" or my current address here in the US as my wife is now staying with me since the last few days.

Thanks for your input. No intention to do any hanky panky stuff, wanting to do the right thing by the book. As I mentioned earlier wife will go back within 3 months even though she's 6 months stay here in the US. I am just trying to educate myself and find the right solution from myriad of often confusing information coming from different sources.

ok, thank you so much for this crucial information, this changes the whole outlook. Someone I had talked to offline gave me impression that once I-130 is filed then even for F2A cases, once approx. 6-9 months or so have passed (based on Table B of visa bulletin, priority dates of 01 SEP 23), the applicant can then move forward with filing I-485 from within the US.

Thanks guys for your valuable inputs. @Dashinka, @milimelo Can you please on this "This is F2A case, AOS is not possible as immigrant visa number is not readily available" Does it mean I must only select IV abroad option? My understanding was AOS can be an option as long as applicant is staying in the US legally on any visa status?

Hi there I am in the process of filing I-130 for my wife and got few major stumbling blocks that I would highly appreciate if you guys can provide some insight. First about my employment history that I need to provide in I-130 as petitioner. I am an LPR, originally from India. Last few years I've spent in Malaysia doing independent IT consulting projects and have just now moved back to US about 3 months ago to take up FT employment here. Would it bear any negative effects on my I-130 petition having these multiple employers with breaks of 2 - 4 weeks in between projects? My wife is from Pakistan and I went there in January to get married but we haven't lived together since then. No joint bank accounts, property, apartment lease etc. I did add her name to my US employer's health insurance and as beneficiary for life insurance. Have some photos from time of our wedding and few days that we spent together afterwards. What other ways can I provide proofs of a genuine relationship in this case? With no social sec. #, am not sure I can add her to my bank account. Wife has B2 multiple entry visit visa valid till 2029 and she has just arrived to stay with me. She's got 6 months stay but will have to go back sooner as she's got 3 months leave from her job there, she doesn't want to quit until she can stay in the US long term without hindrance. From reading related threads here, seems like right now taking minimum of 6-8 months to even longer for I-130 approvals. To answer the question on I-130 whether the beneficiary will opt for AOS or IV visa abroad, can I for now select IV abroad option and then when the time comes, if she happens to be in the US, I can petition to move the case back to USCIS for AOS? I know there's always the risk of running into problems at port of entry with an immigrant petition pending. There are many variables at play that I am having hard time figuring out the best way to answer this question and also the best strategy for wife to be able to visit me in the US on regular basis until I-130 has been adjudicated. Can someone who's been through similar situation, kindly share their experience and suggestions. Would be greatly appreciated folks.