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tax return from abroad- exempt

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Hi !

My husband and I are living abroad for the past 4 years. We need to fill up the I-864 affidavit of support but I have an issue.

He did not file for taxes for the past 4 years because he is exempt (annual income less then 99200 USD). He still needs to file ? or he can check the box on the form saying that he is exempt and that is why he did't file?

Also, can I be added as a household member to support his affidavit and fill up I-864 A form? I am working as well and my income can be counted as well, true?

We did't start the process for CR1 visa for me and my kids yet and I need to know what's up ahead so when the time comes, I don't want to lose time.

Also, we are both work here, but if we move to US we do not have a job. How do we prove that we are not a charge for the state? We have a good separation severance from the company when we leave from here. Can we use that as proof that we can support the family till we find a job?

any reply will be useful! Thanks!

M.

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One must file taxes unless one's income that year is less than like 10000 or something like that. I think by 99200 you are talking about the Foreign Earned Income Exclusion. To use the Foreign Earned Income Exclusion, he must file taxes and claim the exclusion on the excluded income.

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Hi !

My husband and I are living abroad for the past 4 years. We need to fill up the I-864 affidavit of support but I have an issue.

He did not file for taxes for the past 4 years because he is exempt (annual income less then 99200 USD). He still needs to file ? or he can check the box on the form saying that he is exempt and that is why he did't file? If he made more than $10,000, he is not exempt from filing. He may qualify to exempt his foreign income but that is not the same thing as being exempt from filing. Your husband is required to file in order to claim the income exemption. If your husband made more than $10,000, he will be required to file his taxes before a visa can be issued to you.

Also, can I be added as a household member to support his affidavit and fill up I-864 A form? No. The intending immigrant's income can not count and it will end when you immigrate. I am working as well and my income can be counted as well, true? Not true. Your income does not count.

We did't start the process for CR1 visa for me and my kids yet and I need to know what's up ahead so when the time comes, I don't want to lose time. Husband must file separate I-130 petitions for you and your kids.

Also, we are both work here, but if we move to US we do not have a job. Since the jobs will end when you both come to the US, you can not use the income to qualify for the visas. How do we prove that we are not a charge for the state? Most likely, you will need a Joint Sponsor. We have a good separation severance from the company when we leave from here. Can we use that as proof that we can support the family till we find a job? If your assets are 3 times the 125% poverty line for your household size, then yes.

any reply will be useful! Thanks!

M.

Hi,

It seems that meeting the I-864 financial requirements will be your biggest roadblock. Your husband needs to file his US tax returns as required. Look for a Joint Sponsor if your assets will not meet the requirements.

Go to the USCIS website and download the I-864, I-864p, and the instructions. Get very familiar with them.

Best of luck

Edited by aaron2020

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