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ysai

I-864 Affidavit of support and financial documents

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My husband is a US citizen. He only stayed in US until he was like 2 yrs old. After that he lives here in the Philippines since then. I'm confused on the I-864 Affidavit of support form and other financial documents. I've read that you can write a cover letter on why you didn't pay any US tax. Can he also write a cover letter since he lives here in Philippines? And when you say financial documents, does it mean financial documents like his payslip and Income Tax Return (ITR) in the Philippines? He has no financial documents from US. Thanks in advance!

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Hi there.

He needs to prove he has enough income to support you so you guys don't become a public charge.

If his income won't continue upon leaving the Philippines, when he must provide proof he has enough assets that can be turned into cash i.e. bonds, stocks, a house, an expensive car etc.

 

He will need to write a letter why he didn't file US taxes (i.e. I have lived in the Philippines all my life).

 

Will his job in Philippines continue the same in the USA? I.e. will he be maube working for the same company?

If yes then you can include his Philippino paystubs/proof of income.

 

If not, it is irrelevant. They don't care how much you made in the past if it will stop soon but how you will earn money in the future after you immigrate.

 

If you will not be making enough then you need a US based co sponsor. 

If he already has a job offer from the US a letter from them with the salary indicated would also help.

 

Hth!!

 


Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


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As a US citizen, he had to file taxes even if living in Phils all his life.  He likely won't need to pay any, but he will need to backfile with the IRS/


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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13 hours ago, Marrienne said:

If you will not be making enough then you need a US based co sponsor. 

If he already has a job offer from the US a letter from them with the salary indicated would also help.

 

Hth!!

 

Thank you for your reply. I guess we'll be needing help from his parents then.

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13 hours ago, Penguin_ie said:

He likely won't need to pay any, but he will need to backfile with the IRS/

Sorry I didn't get this. He won't pay any amount but he needs to backfile? Sorry I really don't have idea on this. How can he backfile? Is he not required to pay any amount? Thank you!

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23 minutes ago, ysai said:

Sorry I didn't get this. He won't pay any amount but he needs to backfile? Sorry I really don't have idea on this. How can he backfile? Is he not required to pay any amount? Thank you!

Technically all Americans making any money outside of the USA nees to file taxes even if they do not get charged anything.


Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


.event.png

event.png
 

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5 minutes ago, Marrienne said:

Technically all Americans making any money outside of the USA nees to file taxes even if they do not get charged anything.

How can he file his taxes? He doesn't have any idea on this when I asked him.

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1 minute ago, ysai said:

How can he file his taxes? He doesn't have any idea on this when I asked him.

Go to www.irs.gov

It has a search feature. Type "exempt from.filing" to see if he maybe doesn't have to do it.


Click "spoiler" below for a detailed account of our journey to a CR1 visa via DCF in Athens, Greece.

 

2011 - Met hubby online and became friends
Early 2013 - Confessed our love for each other * Late 2013 - I got pregnant with our daughter
2014 - Our baby was born in Athens, Greece and completed our family. We now have two boys and a girl!! 2013 - 2015 - Looking for jobs in Greece, none were available (due to socioeconomic crisis) 2015 - Decided only way to feed our family was to immigrate and started the process December 2015 - Got married (Greece has a LOT of red tape for foreigners marrying Greeks)
January 2016 - Finished gathering all documents and getting them translated
* * DCF in Athens, Greece * *

28th January 2016 - Finally filed I-130s
29th June - ISSUED!!!!!!1st July - Visa packages and passports delivered to DHL.4th July - Visas in hand! CU in two weeks USA!!
19th July- POE Detroit. All went well!! (excluding our screaming, jet lagged toddler!!)

 

After Arrival in the US

September 2016 - Hubby is diagnosed with congestive heart failure
October - February 2016 - Battle with drug use, overdosing, bringing home a tiny paycheck

March - July 2017 - I am working 80 hr weeks to make ends meet. Discovered hubby's affair. Still overdoses and is hospitalized. Has quit working all together.
July - October 2017 - Marriage counseling. Revealed hubby has "several" mental conditions. Is started on several mental meds.

October 2017 - Got accepted for a college course. Got better job to help raise my kids.

October 2017 - March 2018 - Situation at home is toxic. He files for divorce.

July 2018 - Divorce is final. I have full custody of our daughter.

 

ROC (GC expires July 19th 2018)

July 16th - Package for ROC is delivered to the CA service center (divorce waiver).

August 30th - NOA1 received with 18 month extension (fee waiver approved).



**Our DCF journey to an IV took 5 months and 1 day from turning in the I-130 to getting "Issued"**


.event.png

event.png
 

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The requirement to file a tax return is different from owing taxes.  Your husband can be required to file a US tax return even if he owes nothing.

 

Living the Philippines since age 2 does not excuse him from filing a US tax return.  Only making less than $7000/year does.

 

If your husband made more than the personal exemption and personal deduction amounts (around $7000/year), then he is required to file a US tax return.  The US taxes based on citizenship even if nothing is earned in the US.  With the Foreign Earned Income Exclusion of around $90,000, he will not owe any US taxes if he earned less than that in any year.


 

 

Edited by aaron2020

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ysai in that you state that your USC husband left the USA when he was two years old, and with the assumption that he was born in the USA, did his parents register him to recieve and be issued his Social Security number and card?  If not, you/he will need to talk with the representative at the US Embassy Manila that handles/facilitates Social Security matters.  Good luck! 

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On 10/02/2017 at 10:06 AM, aaron2020 said:

The requirement to file a tax return is different from owing taxes.  Your husband can be required to file a US tax return even if he owes nothing.

 

Living the Philippines since age 2 does not excuse him from filing a US tax return.  Only making less than $7000/year does.

 

If your husband made more than the personal exemption and personal deduction amounts (around $7000/year), then he is required to file a US tax return.  The US taxes based on citizenship even if nothing is earned in the US.  With the Foreign Earned Income Exclusion of around $90,000, he will not owe any US taxes if he earned less than that in any year.

 

His income is less than $90,000. If he is exempted on US taxes, do we still need to have a joint sponsor?

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On 10/02/2017 at 11:19 AM, MXcompadre said:

ysai in that you state that your USC husband left the USA when he was two years old, and with the assumption that he was born in the USA, did his parents register him to recieve and be issued his Social Security number and card?  If not, you/he will need to talk with the representative at the US Embassy Manila that handles/facilitates Social Security matters.  Good luck! 

Thanks! Yes he has Social Security number.

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ysai it is advisable that your USC husband seriously research what he must/needs to do with regard to filing back IRS 1040 tax returns even if he has never worked or earned any income in the USA.  I do not know, but I am rather sceptical, that if he does not have the minimum equivalent poverty level income to qualify for sponsoring you as his spouse, you will not qualify and be eligible for an IR-1/CR-1 immigration visa.  If I were you I would get a professional immigration attorney's opinion with regard to the back filing of US tax forms, and whether you have enough income to qualify for consideration of a IR-1/CR-1 visa.     

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4 minutes ago, MXcompadre said:

ysai it is advisable that your USC husband seriously research what he must/needs to do with regard to filing back IRS 1040 tax returns even if he has never worked or earned any income in the USA.  I do not know, but I am rather sceptical, that if he does not have the minimum equivalent poverty level income to qualify for sponsoring you as his spouse, you will not qualify and be eligible for an IR-1/CR-1 immigration visa.  If I were you I would get a professional immigration attorney's opinion with regard to the back filing of US tax forms, and whether you have enough income to qualify for consideration of a IR-1/CR-1 visa.     

If he doesn't file, can we just have a joint sponsor? like his parents? by the way, his whole family is living in the US.

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