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leenkath

Financial requirements

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Filed: Citizen (pnd) Country: Ecuador
Timeline

I'm a US Citizen about to enter this process with my Ecuadorian husband. My concern is the financial requirements, I believe it is called the Affidavit of Support(? still new to this). It says they will request copies of my last three tax returns. The problem is that since living in Ecuador for the past two years I have barely declared any income on my US taxes, literally almost nothing, because I have not earned any money in the U.S. for the past two years and I am paying taxes to the Ecuadorian government. It's not that I don't make money, there is just no documentation of it on U.S. papers.

Has anyone else been in this situation? How can I handle it? Is the only way around this to have a co-sponsor, perhaps my parents for example?

Your insight is appreciated.


Background

Met in Quito: 01/28/2011

Novios: 02/19/2011

Roomies: 09/08/2011

Married in Quito: 05/31/2012

USCIS

I-130 Received in Chicago: 07/03/2012

NOA-1: 07/06/2012

NOA-2: 07/24/2012

NVC

Received at NVC: 07/29/2012

Received Case Number: 08/20/2012

Paid AOS Bill: 08/25/2012

Emailed DS-3032: 08/27/2012

Mailed I-864: 09/8/2012

Paid IV Bill: 09/13/2012

Mailed IV Package: 10/13/2012

Case Complete: 10/25/2012

Received Interview Date: 11/26/2012

U.S. Consulate in Guayaquil

Medical: 12/20/2012

Interview: 01/09/2013 (Approved!)

POE: 02/14/2013

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You need to show current and continuing income that meets the requirements set forth in the I-864P. Click the link below to get that form. If your current source of income will not continue when you return to the US you will need a joint sponsor. A parent can be a joint sponsor.

Past income isn't an issue. However, the US taxes on worldwide income. If you earned income in Ecuador, it should have been on your US tax return. There is a foreign income exclusion so a person is not taxed twice.

This I-864 Affidavit of Support FAQ from the State Dept. website may be helpful to you >> http://travel.state.gov/visa/immigrants/info/info_3183.html


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: China
Timeline

From the I-864 Instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.


Sept 9, 2011: NOA1

March 16, 2012: NOA2

April 10, 2012: NVC Case Number Assigned, AOS Invoice Received

April 11, 2012: OPTIN for EP with DS-3032 sent, AOS bill paid

April 12, 2012: AOS Package Sent

April 17, 2012: IV Bill invoiced, paid

April 19, 2012: IV package sent

April 20, 2012: Checklist for AOS asking for letter of employment, response sent

April 23, 2012: Letter approving DS-230, False checklist for AOS checklist

May 1, 2012: Appointment Letter Received (for May 23rd)

May 22, 2012: Interview canceled pending further medical tests

July 15, 2012: New Appointment letter Received

August 1, 2012: Interview, Approved

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

I just posted this letter the consulate wrote to my spouse:

"Your wife should fill out the Affidavit of Support form (I-864) even if she has no income and did not file any tax returns. A statement indicating the reasons why she could not file any taxes should also be included with the I-864. An affidavit of support from a joint sponsor will be required with the most recent tax returns and proof on status.

You may also submit your proof of assets, however, all assets should be liquidated and funds transferred to the U.S. within a year.

Regards,

Consular Section

U.S. Embassy, Cairo"

(not very detailed but maybe it points you in the right direction.


RFQ [uSA] & SIMA [EGYPT]
Sima Applies for B2: 12/2012
5yr B2 approved: 02/2012
Married: 03/09/2012
NAO1: 04/25/2012
NAO2: 07/26/2012
8/8/2012: NVC Case Received
NVC #: 8/29/2012

1/24/13: AoS and 230 accepted
01/31/13: Rec'd checklist (expectedly)
02/14/13: Item @ NVC

CASE COMPLETE: 2/24/13
03/15/13: Interview date received
03/17/13: Medical
INTERVIEW: 4/03/13
"Approved Pending AP"
11/07/2013: Request for Updated Documents (via Egyptian consulate AP page)

12/20/2013: Request for return of Passport to Embassy (phone call)
01/13/2014: Passport returned to embassy

01/15/2014: Status Changed (CEAC) Visa Printed
VISA RECEIVED: 1/17/14 dancin5hr.gif

POE: JFK on 3/12/14 CLEARED!
Baby1 1/2015 Baby2 8/2106 isA

2016 Beginning naturalization process later this year, isA

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Filed: Citizen (pnd) Country: Ecuador
Timeline

Sorry for not being clear. My family's accountant prepared my taxes and I'm pretty sure he did everything by the book, including reporting my Ecuadorian income. But ultimately it adds up to very little by U.S. standards. I think our best bet is just to explain anything and everything and hopefully have my parents sponsor my husband. Thanks for the replies!


Background

Met in Quito: 01/28/2011

Novios: 02/19/2011

Roomies: 09/08/2011

Married in Quito: 05/31/2012

USCIS

I-130 Received in Chicago: 07/03/2012

NOA-1: 07/06/2012

NOA-2: 07/24/2012

NVC

Received at NVC: 07/29/2012

Received Case Number: 08/20/2012

Paid AOS Bill: 08/25/2012

Emailed DS-3032: 08/27/2012

Mailed I-864: 09/8/2012

Paid IV Bill: 09/13/2012

Mailed IV Package: 10/13/2012

Case Complete: 10/25/2012

Received Interview Date: 11/26/2012

U.S. Consulate in Guayaquil

Medical: 12/20/2012

Interview: 01/09/2013 (Approved!)

POE: 02/14/2013

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