Affidavit of support income

[imani-amani 0]

Hi everyone,

My husband (U.S.) CITZEN petitioned for my son, 9 yr-old. We are now about to submit the affidavit of support. Here is my question. My husband is a government contractor working overseas (Iraq), despite his income being a 6 figure income, his adjusted gross income is ZERO (0). Reason being foreign-earned income is tax-free. So, does that mean despite making a 6 figure salary , he does not meet the requirements (poverty guidelines requirements) because his adjusted gross income ends up at 0. Anyone with any idea please help me solve this mystery. And would submitting the affidavit of support with his current paystubs help in any way???

[Fordnut74 1]

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

[JimVaPhuong 4,863]

Hi everyone,

My husband (U.S.) CITZEN petitioned for my son, 9 yr-old. We are now about to submit the affidavit of support. Here is my question. My husband is a government contractor working overseas (Iraq), despite his income being a 6 figure income, his adjusted gross income is ZERO (0). Reason being foreign-earned income is tax-free. So, does that mean despite making a 6 figure salary , he does not meet the requirements (poverty guidelines requirements) because his adjusted gross income ends up at 0. Anyone with any idea please help me solve this mystery. And would submitting the affidavit of support with his current paystubs help in any way???

First, it's his total income that counts for the affidavit of support - IRS 1040 form, line 22 - not his adjusted gross income. His total income might be different from his adjusted gross income, but the net effect is the same. Foreign income exclusions are declared on line 21 as a net loss.

His foreign earned income is not considered qualifying income for an affidavit of support because a sponsor is required to be domiciled in the United States. If he qualifies for the foreign income exclusion then he's not domiciled in the United States. He can't ask one US government agency to consider him to be living and working abroad and ask another US government agency to consider him to be living in the US.

[imani-amani 0]

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

Fordnut,

I called NVC but they wasnt of much help. They told me to send the affidavit of support with 6 current paystubs and they will have a specialiast review it. Will keep u posted on whatever decision they make.

[imani-amani 0]

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

First, it's his total income that counts for the affidavit of support - IRS 1040 form, line 22 - not his adjusted gross income. His total income might be different from his adjusted gross income, but the net effect is the same. Foreign income exclusions are declared on line 21 as a net loss.

His foreign earned income is not considered qualifying income for an affidavit of support because a sponsor is required to be domiciled in the United States. If he qualifies for the foreign income exclusion then he's not domiciled in the United States. He can't ask one US government agency to consider him to be living and working abroad and ask another US government agency to consider him to be living in the US.

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

[imani-amani 0]

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

I pulled this quote right off the instructions for filing the affidavit of support instructions.

A. You are employed by a certain organization.

Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:

The U.S. government (THATS THE FIRST ON THE LIST).

[imani-amani 0]

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

The lady at NVC was pretty rude and said that even if the state tax is being paid on the tax-exempt income ( My husband state takes out taxes on his income even if he is overseas), its the federal taxes that mattered. I think she really didnt understand the whole conecpt of tax-free income, total income ending up at zero, and all. Because, her point was, if someone had a foreign earned income, they shouldnt even file taxes in the states. So dumb of her!!!

[JimVaPhuong 4,863]

I pulled this quote right off the instructions for filing the affidavit of support instructions.

A. You are employed by a certain organization.

Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:

The U.S. government (THATS THE FIRST ON THE LIST).

Is he working directly for the US government, or is he employed by a private company that's being paid by the US government? Employees of private companies are not US government employees, even if their company is working on a contract from the US government. For example, a foreign service officer working at the US consulate in Iraq is a US government employee, while someone working for Haliburton on a US government contract is not.

The I-864 instructions say that "total income" is considered if the sponsor filed a 1040 or 1040A, and "adjusted gross income" is considered if the sponsor filed a 1040EZ. This requirement bites a lot of self-employed people, as well, because they have more than adequate gross revenues but their schedule C deductions drastically reduces their total income.

[imani-amani 0]

Is he working directly for the US government, or is he employed by a private company that's being paid by the US government? Employees of private companies are not US government employees, even if their company is working on a contract from the US government. For example, a foreign service officer working at the US consulate in Iraq is a US government employee, while someone working for Haliburton on a US government contract is not.

The I-864 instructions say that "total income" is considered if the sponsor filed a 1040 or 1040A, and "adjusted gross income" is considered if the sponsor filed a 1040EZ. This requirement bites a lot of self-employed people, as well, because they have more than adequate gross revenues but their schedule C deductions drastically reduces their total income.

Works directly for the govt. DOD (Department of Defence). Filed 1040. And , yeah, its sucks that the total income is the requirement. Let's see what NVC wiil say because I just mailed them the AOS with the paystubs as they requested. Will keep you posted. Thanks.

[Anh map 2,098]

Foreign earned income is not tax free. The Foreign earned income exclusion is $91,500. ( Page 19 --->> http://www.irs.gov/pub/irs-pdf/p54.pdf )

In this situation the US citizen spouse may have tax free income, but he still has an income. That is the number that is needed.

If he is a current salaried employee then he would annualize this weekly/monthly amount for an income amount. 2010 won't matter

If the US Citizen spouse is considered self employed and uses the allowable deductions to reduce his taxable income to zero, that is different. 2010 line 22 will matter.

[imani-amani 0]

Foreign earned income is not tax free. The Foreign earned income exclusion is $91,500. ( Page 19 --->> http://www.irs.gov/pub/irs-pdf/p54.pdf )

In this situation the US citizen spouse may have tax free income, but he still has an income. That is the number that is needed.

If he is a current salaried employee then he would annualize this weekly/monthly amount for an income amount. 2010 won't matter

If the US Citizen spouse is considered self employed and uses the allowable deductions to reduce his taxable income to zero, that is different. 2010 line 22 will matter.

Thanks,

Yes, makes a lot mores sense, but that was my original question. Okay, 2010, USC made below the 90 G tax-free cut, meaning line 22 on the 1040 =0. 2011 is different, and the 3 subsequent years before , 2006,2007,2008,2009 was all by the 90 g cut off, so on all 1040's line 22=0. 2011, USC makes above the 90 g cut, got it, so, when we file our 2011, the income above the 91 g will be taxable. Does that mean we have to wait til we file the 2011 taxes for the USC to be considered financially capable of filing the AOS???

[ShelonW 0]

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