Petitioner living abroad and working as a freelancer

[Ulrica&Jesse 39]

Hello, 

 

I have a question regarding I-864. I'm the petitioner that lives abroad with my wife. I filed I-130 for her which got approved and now we are gathering documents for NVC. 

I could really use some clarification or help about Affidavit of Support for that I have to fill out. 

Brief background : I'm living in my wive's country for almost 3 years now and for the whole time I've been working as a Graphic Design freelancer from home. I don't make enough in order to be able to meet minimum requirements to sponsor my wife, that's why we have one joint sponsor who agreed to file I-864 as well. She lives and works in the USA so there are no problems with that. We have all the financial proof that she meets all the requirements. 

I was planning to still try to file my taxes as a self employed but I'm not sure if I should waste money on that since we have a joint sponsor. I'm a little confused on what to write on my I-864. 

Here, I found this : ''Note: for petitioners living and working abroad, put $0 for the question on current income (unless your income will continue, then put the amount). In either case, include an employment letter with all the details and if your job will NOT continue, make sure it is stated as such in the letter. It'd also be a good idea to mention this in the cover letter.''

 

Is anyone here who had the same experience as a petitioner living abroad and needing to establish domicile and file I-864. 

I'm confused - Should I actually put $0 for the question on the current income or not? And if I do, do I still need to file my taxes?

 

Any actual input on this would be greatly appreciated.

 

 

 

[Thesmiths2016 117]

Hi, I'm the beneficiary, but my husband is the petitioner and USC, living abroad with myself for the last 6 years so I know your situation.

When it comes to the i-864 you will put 0 as your income, because for the purposes of supporting your wifes application you will not have this income to "ensure she doesn't become a burden on society in times of hardship" or however they explain it. 

 

However, as the USC, you are required to file taxes back home in the USA, even if you don't have to pay taxes back home. It's illegal not to.  The cutoff amounts differ every year but generally its around $100K as the threshold. If you earn less than this, you don't have to pay taxes back in the USA, but whether your foreign income is $2 or $20K you do have to file a return and also a foreign income exemption form.

At the time of sending our documents to the NVC we had just found out my husbands family accountant back home didn't do this, and so we filed the taxes and put photocopies of the past 3 years returns in our packet to NVC.  We explained why it was tax returns and not a tax transcript (couldn't get one yet due to processing time).   Our i-864 was support based on "assets" .... in our case, cash and savings in the bank, so our "income" was not applicable, but they still want to know the USC has done the right thing with regards to tax returns.

 

PS: for the purposes of all above ... can you confirm your income is paid in the country and currency you currently live in, correct? Its not in the USA?

[Jojo92122 1,924]

If your freelancing income will continue when you return tot he US, then you can use it on the I-864.  If not, then put 0.

 

Even with a Joint Sponsor, you are required to file US tax returns or have a valid excuse as to why you were not required to file.  You don't have a valid excuse.  You need to file your tax returns.  No tax returns, then no visa even with a Joint Sponsor.

Edited April 29, 2017 by Jojo92122