Hello,
I've searched for this and haven't been able to find anything specific, so hopefully someone can help?

I am finalising my I-864 to sponsor my husband. As I have lived in the UK for the past 6 years and have no US income, we have also asked my father to joint-sponsor, and we have his I-864 ready.

My question is for my form, what do I put in the employment section? Do I put that I am currently employed (this is true, but in the UK and all my tax details are for my UK employment) or do I put that I am unemployed (in the US)? It doesn't specify the location of the employment on the form, and I don't want to outright lie and say I am unemployed when that is not true.

Could anyone who has gone through a similar situation please advise on what you did? Anything would be appreciated, our interview is on the 20th Feb!! Thanks!

You need to be very straight on these things, and show you were employed.

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

You will need to attach a copy of return to your I-864, or explanation why one was not filed, like your income fell below the level that a return is required for.

See instructions with form I-864

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Thanks so much for your quick reply. Yes, I have filed my tax returns for the past three years and these indeed did show my income that I have earned in the UK, even though I did not have to pay any US taxes. These will be attached to my I-864. So, I will state that I am employed in the UK on my I-864, which no doubt they will say does not qualify me to sponsor my husband on my own, at which point I will supply my father's I-864?

Sounds like a good plan, also if you have a job offer in the states that will pay enough, and your husband could also contribute assets then possibly you could still solo sponsor.

Good info can be found here:

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

I agree with YuandDan Theoretically speaking you are supposed to supposed to file your taxes if you are overseas unless your combined income is less than 16,900 Usd if married and filing jointlyor 8,450 if single.

In the past the IRS has forgiven people living oversea for unknowingly not filing their taxes. But I cant guarantee their kindness will continue.

However if you are a highincome earner there is a point where your income is taxed. I dont happen to have the number in front of me but its somewhere between 60k and 90k if you are filing as a single naturally it would be around double that for married filings.

As to how to find your income in American dollars the state puts out a number every year that states what what the average exchange rate was for that year. Im not sure where to find it but places where there are a lot of American expats the embassy often hosts free (or at least it used to be) tax advice. This is available only during tax season and in some places its at odd times and hours.

Just check out your local embassy and see what it says under the American service section.

Fofre

Yes as well as the 864A and his tax returns ( you will see it in the instructions)

Its basically a contract between you and your father saying he is legally obligated if you and your husband ever go on welfare for the next 10 years

thanks for your replies. If I have a I-864 for my father (with his tax returns), why do I need the I-864A?

If I remember correctly, the I-864 is for the primary sponsor (you) and the I-864A for any joint sponsor.

you are considered the petitioner and hence legaly obligated because of your marriage if you and your spouse happen to go on welfare. Without the contract your father would not be legally obligated if you were to go on welfare and that would mean that the that when he originally signed that I-864 he did it without ever meaning to truly support you therefore the gvmnt makes you and him sign a contract to make sure that his commitment is real and that you wont go on welfare, becase he makes the commitment to support you enough that you wont ever be that poor.

Follow me? I know I dont always say things in the clearest of ways so please tell me if you dont understand.

Clearly put the I-864 i a statement of Wealth, the I-864-A means that he is legally obligated to make sure that you never go on welfare

Fofire

The Foreign Income Exclusion is up to $80,000. The form that is used to show you qualify and report your foreign income is form 2555, and it is filed with your 1040. Instructions are included, and all IRS forms can be downloaded from the IRS site.

Thanks for all the replies. I'm getting a little nervous now because before I asked the question about putting my UK income on the I-864 for me, the petitioner, I thought I had it all straight.

I was going to submit:
1. I-864 for myself (the petitioner). I don't have any US income, so I need a joint sponsor for my husband.
2. I-864 for my father (the joint-sponsor). He meets the minimum criteria on his own so don't need any info from my mother.

I thought that the I-864A was only to be signed by my mother, if she was listed on my father's I-864?

As far as I was aware none of the forms my father fills out are applicable to me as the USC if I am on welfare and that his signature on the I-864 is a contract with the US government that should my husband need assistance he will be liable (as well as myself).

Could someone please clarify this for me? (BTW thanks for the tax info, but I have already filed my 1040's with 2555 for 2003/2004/2005 so that is fine).

FWIW, I used xe.com and just picked a date for the exchange rate, and applied it throughout--no reported problems from others doing the same.

The I-864 is a contract between the Sponsor (Joint or otherwise) and one of their household members (perhaps Mom in this case) where Dad is the Joint Sponsor and has comingled income tax returns with Mom. They can separate out Dad's income with his W-2s, or skip the math and have Mom use the I-864A.

The contract is to repay any means-tested benefits paid to the ALIEN. The USC is eligible for means-tested benefits, and she does not need sponsorship herself.


This isn't correct---The I-864 is for a Sponsor OR Joint Sponsor. The I-864A is for a household member's income to be included in the grand total.

The entire I-864 is a contract in and of itself, to REPAY benefits actually paid out, not to provide a $$ of support to ensure that the alien doesn't go on welfare.

First off, aliens are prohibited from receiveing means-tested benefits in their first 5 years in the US--most agencies simply will not award the benefit. If, someway somehow, the alien was awarded benefits AND the issuing agency decided to sue to reclaim those benefits, the agency would first ask the alien for replayment, then the Sponsor (USC spouse), then the Joint Sponsor.

The I-864A is simply an addition to the I-864, designed to include the income of a household member to the 'household income' pot.

Hi Meauxna,
Thanks for clarifying that. I thought that was the case but as we get closer to our interview dates, I have started panicking about everything!! So if my Dad's income is enough for the joint sponsorship, although he has filed jointly with my mom on his tax returns, we have just included his W2's with the transcripts.
I have posted this question elsewhere, but does anyone know on the DS230 question 29 what address I put for myself (the petitioner)? It doesn't specify whether is 'present' address, 'mailing' address or 'resiential' address? I'm inclined to put my present address in the UK, but just want to double-check.

Thanks to all who have helped!

hi Kimberly,
There are several links in the DCF Guide that discuss domicile; you could read for the official word on the topic, and to learn the difference between residence and domicile.
The I-864 may only be filed by a USC or PR with a US domicile.

When I lived in Greece, that was my residence for a couple of years, but I maintained my domicile in the US. I was instructed by the Consular & (then) INS staff to use my US address in most fields of most forms, including this one.

As for your Dad, the only tip I'd have for you is to make sure you use the W-2s to lift HIS personal income out and enter the correct (lower) amount and not the total from his joint tax return. You still send the return as is, but fill the form in correctly.

I usually check the website for my local embassy (Tokyo), every year at tax time they put up the official exchange rates for each quarter and for the entire year.

I wish I'd known about that back when---thank you for sharing that info!

Thankyou for correcting me Meauxna

The treasury department gives a list of the average exchange rates for each month and for the entire year for all major currencies on their website. It is the official exchange rate the IRS uses for taxes...

Hi,

I need help with my i-864 and hope someone here can help !

Background:
My Dad is American and mother German so I have dual citizenship (American and German passports)
I was born in Germany and lived ther most of my childhood up until the age of 9 (briefly lived in Seattle when I was 2).
At the age of 9 I moved to the United Kingdom and have lived there ever since.

I got married in 2005 to my british wife and we have decided that we would love to live and work in the USA.
We have already submitted our i-130 petition and had that approved and she has had her medical (no problem).
The final stage is for me to submit the DS-230, DS-2001 and i-864.

Questions:
I am the sponsor (of my wife) and am filling out the i-864 form. Part 6 deals with my income and tax returns.
I have only ever worked in the UK and have never filed aFedreal income Tax return. I have now learned that although I live in the UK I should have been filing a tax return evey year

1) I do not have 3 years of IRS tax returns to show my income. I don't have any at all. Can I use my UK tax returns ? Do I need a sponsor in the USA ?
2) Do I need to quickly backfill 3 years of returns and wait for them to be approved before I can proceed ?
3) I will be taking approx $250,000 with me, does that help ?

Please help !!!

Many thanks,

Tim

Tim, first of all it probably would have been better to start your own new thread. It usually helps others who are responding to this thread's conversation and those who want to respond to your questions to keep the two separated. Some people call this "thread hi-jacking".

Anyhow, do you have a SSN? The general law is that all USCs (US citizens) and LPRs (legal permanent residents) have to report annually to the IRS on Form 1040, even if the USC lives abroad. Generally, incomed earned in another country that is reported to and taxed by that country is tax-exempt (up to $80,000 annually) on our US income tax report using Form 2555.

You should probably contact the IRS to see what your standing is in their eyes, or do some other research with IRS law before you get any surprises from the government. The I-864 instructions say that if you haven't filed reports to the IRS, you must include a statement why.

Perhaps others with more info/suggestions will offer their input.

Good luck, and let us know what you find out.

Hi,

Thanks for the reply. I will start a seperate thread as you suggested.

Regards,

Tim

P.S> If I earn over $80,000 and reside wholly in the UK I am still liable to pay US tax ?

Yes, I think so. Better check.....

I just checked and the exclusion is now at $82,400 for 2006


Just to add some links from IRS:

Foreign Earned Income Exclusion forms

http://www.irs.gov/pub/irs-pdf/f2555.pdf

http://www.irs.gov/pub/irs-pdf/f2555ez.pdf

Foreign Earned Income Exclusion instructions

http://www.irs.gov/pub/irs-pdf/i2555.pdf

http://www.irs.gov/pub/irs-pdf/i2555ez.pdf

Thanks for the links ... I'm looking into right now.

I'm a bit scared that I am somehow liable for US taxes. I have never lived or worked in the US and have paid all my taxes in the UK. I hope that I don't somehow get taxed twice !!!!

I spoke with the IRS and they said it depends if I am a US citizen. Good question. My dad was American but I was born in Germany. I have a US passport and a SSN ( I briefly worked at a burger place in Texas during my summer holidays when I was 17) so does that make me a citizen ?

Confused to say the least :-(

If you have a parent that is a US citizen, I think you also are automatically a US citizen, thus you have a US passport.

And since you weren't born in the US and therefore don't have a US birth certificate, do you have some other document, such as a "Consular Report Of A Birth Abroad" ? My daughter was born in Japan, and right after her birth I contacted the US embassy in Tokyo to find out what to do for her citizenship. After providing documents and filling out some forms, they sent me this "Consular Report Of A Birth Abroad" (along with a new passport). "Consular Report Of A Birth Abroad" is legally the same as a US birth certificate. This is what my daughter's proof is of US citizenship.

Hello Everyone,
I just wanted to update this thread with what I actually did for the interview and how it turned out.

For my I-864 (I am the petitioner) I listed myself as employed at my current employer in the UK.

Also, for the DS 230 Question 29, we actually filled in three of these forms (one with my UK address, one with my US address and one with both addresses!) and just asked at the window which one they wanted. They wanted the one with my US address.

Hope this helps!

Thanks for the update! This is helpful.