I-864 - may be the worst form. Help!? Urgent

[Sam NZ 0]

Hey guys,

Currently finishing up the last form (I-864 as part of AOS from VWP) but our situation just got a little confusing. My husband has just this week accepted a job offer that comes with a significant pay increase. We're all set to post our forms in the next two days and will need to do so to meet the deadline.

With his current income we don't quite meet the 125% of poverty deadline and would then include his brother's income as part of the household income (the three of us live together) and that would take us well over the poverty line. Should we just complete the form this way and keep it simple? Or would my husband's new income be easier to use and better reflect our situation? Bearing in mind the only proof we have of this income at the moment is his contract stating what he'll be making from next week. His last years tax return is obviously going to show a significantly lower income.

Where it gets even more confusing ... My husband and his brother both lived in New Zealand for 10 years as permanent residents and paid tax there when they were old enough to work (I understand they didn't need to pay federal tax to the US from what I've read here : http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Requirements - They are both excluded)

But as a result neither have tax returns or income within the US for the last three years.

What do we do about this? Enter New Zealand income for part 6. 13b and 13c ? They both have W2's for the last year. Or do we leave them blank and need to supplement I-864 and I-864a with and explanation as to why there's only 1 year?

They don't really leave much room for anything outside the box on this one huh?

We really appreciate any help, Visa Journey has been such a gem

Edited April 17, 2014 by Sam NZ

[Lainie B 465]

Not owing any taxes doesn't mean they don't have to file. They still need to file their tax returns, and then claim the foreign income exclusion

[Ryan H 3,790]

Moved from Adjustment of Status from Family Based Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.