I-864 US citizen with UK residency & income

[Graham&Lori 0]

I am filing an I-864 form for my husband's IR1 visa. He is British and I am an American who has been living and working in the UK for over a year with UK residency. My mother is going to be his co-sponsor, who fulfils all the financial requirements. When filling out the I-864 I noticed that it requests Federal Tax Return forms, which I do not poses. When I immigrated from the US I was never made aware that I should declare earnings while living abroad, so I do not have Federal Tax Returns from the past year. I do have Tax Returns from the two years before that, when I was working in the US.

So, how should I complete the I-864 form? As my husband has a co-sponsor do I need to submit my income? If I do, can I submit information from the relevant forms from the UK?

Thank you,

Lori.

[Penguin_ie 6,005]

You still need to submit a I-864. You can fill in yoru UK income but it will not count as UK based.

You will need to back-file taxes for 2011.

[LIFE'SJOURNEY 970]

She must not need file her income taxes for back years, this process will not go forward without the filing.

[Graham&Lori 0]

You still need to submit a I-864. You can fill in yoru UK income but it will not count as UK based.

You will need to back-file taxes for 2011.

I am aware that I must submit an I-864. my only concern is that it only asks for federal tax return forms as proof of income. So will my UK tax forms be acceptable? (I know that my UK income will not count, hence the co-sponsor)

[Penguin_ie 6,005]

Because it will not count, they will not ask for proof of it (paystubs, tax from the UK). The only reason they want the tax filings from the USA is because it's the law that US citizens file taxes even when abroad, and they want to ensure you complied with the law.

[Boiler 48,586]

Time to file your taxes.

[pushbrk 14,259]

I am aware that I must submit an I-864. my only concern is that it only asks for federal tax return forms as proof of income. So will my UK tax forms be acceptable? (I know that my UK income will not count, hence the co-sponsor)

It does not ask for tax returns "as proof of income" but the I-864 does require information from three tax returns and the submission of at least the most recent tax return. That you were "not informed" you needed to file a US tax return is not relevant. You ARE required to file a tax return each year you have income above the filing threshold, no matter WHERE you earn the income. However, you are eligible for the foreign income exclusion as to any actual need to pay tax. Only if you made more then $92,900 would you have a tax liability.

Read my first sentence again. Your income will not actually qualify you to sponsor, unless it will continue from the same source once you return to the USA, so you are not "proving income". You are providing information. You can file the 2011 tax return online using Turbo Tax or a similar service but you MUST do it.