I-864 again! :)

[Erthwhile 0]

Hi people,

my wife will complete her I-864 but she didn't work in the past 4 years in the US nor filed for taxes. Would a statement saying she didn't filed for tax because she was a student be sufficent?

Also, we have two methods to meet the money requirement:

1. Have her dad, who lives abroad as well, wire her the required 60000 usd to show we have wnough money in her US bank account. In this case, what document should we present? A bank statement printed out of internet would be ok or we have to go to the US and get one??

2. Have her grandma sponsor us. She is retired, so does she file for taxes? She has considerable assets and would surely meet the 5x requirement, would that do the trick? (do houses count?). Should she help us, would she have to complete and sign the i-864 and mail it to us? attach bank statement or what else?

thanks a lot!

[hdouthit 1]

Hi people,

my wife will complete her I-864 but she didn't work in the past 4 years in the US nor filed for taxes. Would a statement saying she didn't filed for tax because she was a student be sufficent?

Also, we have two methods to meet the money requirement:

1. Have her dad, who lives abroad as well, wire her the required 60000 usd to show we have wnough money in her US bank account. In this case, what document should we present? A bank statement printed out of internet would be ok or we have to go to the US and get one??

2. Have her grandma sponsor us. She is retired, so does she file for taxes? She has considerable assets and would surely meet the 5x requirement, would that do the trick? (do houses count?). Should she help us, would she have to complete and sign the i-864 and mail it to us? attach bank statement or what else?

thanks a lot!

My husband wrote a letter stating why he was exempt from filing for the past 3 years (he was a student) but he also went in to the IRS and they gave him 'Publication 501' which is an official document showing that he didn't need to file whilst living overseas. If your wife could get that, it does help.

A bank statement that is printed off the internet is acceptable - well I can only speak from personal experience and again, we just printed one off and it was accepted at the Embassy.

[christeen 966]

When my husband went through the consulate in Naples, the CO wanted to see that the US sponsor (me) had 3x the 125% in the bank in an account in my name... So I printed off a statement from the internet that declared this... But since you have the time, you could go to the bank and get a letter from them with the account info... The CO seemed a bit sketchy about foreign assets (they would not consider my husbands assets in Italy)...

As far as the grandmother, you can bring that as a back up co-sponsor (do the paperwork for the 864 co-sponsor) and show proof of her assets (bank statements etc..) and her taxes...

This way you are covered in both ways...

[uk2usa2010 2]

Hi people,

my wife will complete her I-864 but she didn't work in the past 4 years in the US nor filed for taxes. Would a statement saying she didn't filed for tax because she was a student be sufficent?

Also, we have two methods to meet the money requirement:

1. Have her dad, who lives abroad as well, wire her the required 60000 usd to show we have wnough money in her US bank account. In this case, what document should we present? A bank statement printed out of internet would be ok or we have to go to the US and get one??

2. Have her grandma sponsor us. She is retired, so does she file for taxes? She has considerable assets and would surely meet the 5x requirement, would that do the trick? (do houses count?). Should she help us, would she have to complete and sign the i-864 and mail it to us? attach bank statement or what else?

thanks a lot!

As long as you have a good rationale for why taxes were not filed you should be fine. Only time I've heard of this being a problem is when someone mistakenly thought that they did not need to file taxes and at the interview the consulate insisted they were all back-filed before they could proceed. Quite stressful.

I saw some official notes somewhere (but I cannot find them now) that recommended that you take at least a year's worth of account statements to show the assets in your account if you are relying on cash deposits. They also noted that you were likely to be quizzed about the origin of large deposits if they had recently appeared in the account. I myself am relying on cash deposits and have been consolidating various accounts into one account but will make sure I take all previous account documentation with me to show it is simply money being consolidated. I think there is some risk with your Plan A, that they will think you have been given the money simply to try and meet this requirement, and do not actually have title to it (i.e. you are likely to give it straight back once you finish the interview). If it truely is a gift, then you should get written confirmation of this. There may also be tax consequencies, so this option may not be desirable.

With any cash deposits, the consulate also says that they expect you to able to talk about how you can move the money to the US - if it is in a foreign country, as some countries have export restrictions. You should look into this and be able to talk about it if it applies to you.

Plan B sounds a safer bet if her grandmother is happy to do this. She will need to fill out I-864 too. Note that I think it needs to be accompanied by a certified copy of her passport or other ID to show she is a US citizen. You should also get 3 years worth of tax filings and if for any reason she is eligible not to file, again an adequate rationale for this is likely to be acceptable.

Assets can include anything that can readily be cashed in within a year. So property and motor vehicles can count (note it is only if you have more than one vehicle - then the additional ones can count), but the relative must show evidence of title and fair market valuation. Also, they must show details of any outstanding loans/security over the asset - and this needs to be deducted from the valuation.

So, I thought I would bring things like an estate agent quotation, mortgage papers, car registration documents and print outs of similar age and mileage vehicles which are being sold on well established websites.

Hope this helps!

[Erthwhile 0]

As long as you have a good rationale for why taxes were not filed you should be fine. Only time I've heard of this being a problem is when someone mistakenly thought that they did not need to file taxes and at the interview the consulate insisted they were all back-filed before they could proceed. Quite stressful.

I saw some official notes somewhere (but I cannot find them now) that recommended that you take at least a year's worth of account statements to show the assets in your account if you are relying on cash deposits. They also noted that you were likely to be quizzed about the origin of large deposits if they had recently appeared in the account. I myself am relying on cash deposits and have been consolidating various accounts into one account but will make sure I take all previous account documentation with me to show it is simply money being consolidated. I think there is some risk with your Plan A, that they will think you have been given the money simply to try and meet this requirement, and do not actually have title to it (i.e. you are likely to give it straight back once you finish the interview). If it truely is a gift, then you should get written confirmation of this. There may also be tax consequencies, so this option may not be desirable.

With any cash deposits, the consulate also says that they expect you to able to talk about how you can move the money to the US - if it is in a foreign country, as some countries have export restrictions. You should look into this and be able to talk about it if it applies to you.

Plan B sounds a safer bet if her grandmother is happy to do this. She will need to fill out I-864 too. Note that I think it needs to be accompanied by a certified copy of her passport or other ID to show she is a US citizen. You should also get 3 years worth of tax filings and if for any reason she is eligible not to file, again an adequate rationale for this is likely to be acceptable.

Assets can include anything that can readily be cashed in within a year. So property and motor vehicles can count (note it is only if you have more than one vehicle - then the additional ones can count), but the relative must show evidence of title and fair market valuation. Also, they must show details of any outstanding loans/security over the asset - and this needs to be deducted from the valuation.

So, I thought I would bring things like an estate agent quotation, mortgage papers, car registration documents and print outs of similar age and mileage vehicles which are being sold on well established websites.

Hope this helps!

Hi, and thanks for your reply!

What we are thinking now not to bother her grandmother is something my wife's father suggested (he is a US citizen but resides abroad). He proposed to put my wife's name on his bank account, so that my wife would have a joint bank account with her showing money in her possess. Not only that, but her father would also write an explanatory letter stating that she is entitled to use the funds in her bank account to sponsor me and to pay for me should I become a liability, explaining that he would have sponsored me himself had he been residing in the USA. Since he is a US citizen, do you think this will be acceptable? If we ask the appropriate consulate, should they be able to help us with it?

thanks a lot!

[Erthwhile 0]

When my husband went through the consulate in Naples, the CO wanted to see that the US sponsor (me) had 3x the 125% in the bank in an account in my name... So I printed off a statement from the internet that declared this... But since you have the time, you could go to the bank and get a letter from them with the account info... The CO seemed a bit sketchy about foreign assets (they would not consider my husbands assets in Italy)...

As far as the grandmother, you can bring that as a back up co-sponsor (do the paperwork for the 864 co-sponsor) and show proof of her assets (bank statements etc..) and her taxes...

This way you are covered in both ways...

Dear Christeen,

thank you for your reply! Can I ask you whether the bank statement included movements or just balance in the account? thanks!

[kristinakiko 0]

Did your wife work anywhere else in the last 4 years? If so, she is still required to file taxes (the 1040 and 2555). I am filing on behalf of my British husband and I have been working in Japan for the past 3 years. I didn't know I had to file taxes even if I'm abroad, so I filed very quickly for 2008 and 2009 before I started working on the I-864.

[Erthwhile 0]

Did your wife work anywhere else in the last 4 years? If so, she is still required to file taxes (the 1040 and 2555). I am filing on behalf of my British husband and I have been working in Japan for the past 3 years. I didn't know I had to file taxes even if I'm abroad, so I filed very quickly for 2008 and 2009 before I started working on the I-864.

How can she file for tax? She hold a part time job at her university, does that count too?

thanks!

[uk2usa2010 2]

How can she file for tax? She hold a part time job at her university, does that count too?

thanks!

I'm not a tax expert (and I can only advise you speak to one), but my understanding is that if earnings are less than $3500 you do not need to file at all. We have continued to file Form 1040 for my USC wife even though it is a nil return so that there is a complete record. If you have foreign earned income above that amount you ALSO need to file Form 2555 (or one of the iterations e.g. 2555EZ). There are various exemptions from needing to pay any additional tax if the earnings are below a certain level and equivilent taxes have been deducted locally, but there is still a requirement to file. You should probably look into this asap. Sorry!

[uk2usa2010 2]

Hi, and thanks for your reply!

What we are thinking now not to bother her grandmother is something my wife's father suggested (he is a US citizen but resides abroad). He proposed to put my wife's name on his bank account, so that my wife would have a joint bank account with her showing money in her possess. Not only that, but her father would also write an explanatory letter stating that she is entitled to use the funds in her bank account to sponsor me and to pay for me should I become a liability, explaining that he would have sponsored me himself had he been residing in the USA. Since he is a US citizen, do you think this will be acceptable? If we ask the appropriate consulate, should they be able to help us with it?

thanks a lot!

I think that might work, but a call to the consulate is probably worth it. I would think that simply saying here is my account and here is a letter from the joint holder saying that your wife is allowed to use the deposits for supporting you may be enough. Too much detail may be too much detail!

[kristinakiko 0]

Yep, each year there is a minimum that changes. Since she only worked part time perhaps she doesn't need to file (I didn't need to in 2007, I made less than $4,000). Check the minimum filing requirements for each year she's been abroad. If she does, it would be the 1040 and 2555.