We are going to file IR1 for me (Swiss/ Irish citizen) via DCF next year. My USC husband has been living here in Ireland and we'll have been married for 3 years by the time we file, but he has not worked here for that time, so no income tax returns. To satisfy the financial/ affidavit of support requirements of my visa, and to show our serious intent of moving to the USA/ re-gain domicile there, we will be purchasing a property (which will also be our US address). My question is, does the property have to be in his name only (as he needs to fill in the affidavit), or can it be in joint names?

My wife is a Chinese citizen, and I am US citizen.
We purchased property in USA.
The property could be in either my name, or in both names, and I requested it in both names, no problem.
I had to get her power of attorney to sign her name on the documents since she could not yet come to america (no visa).

The loan for the property, the bank REQUIRED both our names be on it. They want to be able to go after us both I guess if we don't pay.


As for the tax returns, american law requires you file a return, even if it is to say you have no income.
I suggest he file all the returns for these past years, and then files for this coming year as well.
That will get you the tax returns you need to provide. Obviously you will have to come up with some assets or income to meet the I-864 form, but I presume you have that if you can buy property.


Hope that helps. I know it is not your exat situation, but I think it is close.

I think you mean "even if there would be no tax liability".

US law does not require a tax return when there is no income. There is a minimum income threshold for filing whether living in the US or abroad. If there are no tax returns because there is no income, then a letter citing the minimum and claiming any income from zero to that minimum can be substituted for a tax return.

Of course the sponsorship requirements still need to be met.

From the I-864, Part 7, page 8:

Part 7. Use of Assets to Supplement Income.

If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant's assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement.

So no problem at all.

This is incorrect. There are income thresholds to satisfy that require filing of returns. If you are under those thresholds, no return is required. For 2007, the IRS income limits are:



If you did not file a return, the instructions say you can attach a letter explaining the reason for non filing.

hi,

You can buy in Joint name, that will be good. And you can show it as in I-864. You can file the tax returns with the IRS and when you obtain the tax transcript from them it will show 0. With it you can attach a letter stating your hubbys residence was in Ireland for the pass 3 years. I hope this helps...... and if you this it would be still insufficient.. there can be chance of finding a co-sponsor... may ur hubbys parents or relatives.

Jigi

Thanks for the info guys. I wouldn't have minded the house being in my husband's name only, but I think for our credit it would be better to have it in both names. We know the house will be asset enough to qualify for the affidavit of support (and we have the flat here in Dublin too, though not sure that counts), so we'll be grand.

Colorado Springs here we come!