AOS - Working abroad - Total income is much greater than Gross Income

[Price 0]

I'm an American citizen married to a Japanese citizen. Been living in Japan for the last 2.5 years and since that time, also working for a Japanese company.

I got an RFE stating the income I declared on my first AOS didn't match my tax returns.

Let's say my total salary came out to be $50k for 2011. (Line 7 of form 1040).

However, we're required to submit the total on Line 22... Let's say this is $800.

Based on their instructions, I need to write $800 as total income for 2011. (Which seems crazy.)

Has anyone experienced a similar situation?

My spouse works in Japan as well. We've saved up a lot of money and are well over the poverty line.

I've documented all of this in the assets section with proof of what's in the bank and pay stubs.

If our assets are enough, does it not matter that the amount for 2011 is so small?

I'm just super anxious about putting down such a tiny number when it doesn't reflect the money I really made.

As always, any opinions or advice you can offer is greatly appreciated. Thank you!

[dwheels76 5,486]

I'm an American citizen married to a Japanese citizen. Been living in Japan for the last 2.5 years and since that time, also working for a Japanese company.

I got an RFE stating the income I declared on my first AOS didn't match my tax returns.

Let's say my total salary came out to be $50k for 2011. (Line 7 of form 1040).

However, we're required to submit the total on Line 22... Let's say this is $800.

Based on their instructions, I need to write $800 as total income for 2011. (Which seems crazy.)

Has anyone experienced a similar situation?

My spouse works in Japan as well. We've saved up a lot of money and are well over the poverty line.

I've documented all of this in the assets section with proof of what's in the bank and pay stubs.

If our assets are enough, does it not matter that the amount for 2011 is so small?

I'm just super anxious about putting down such a tiny number when it doesn't reflect the money I really made.

As always, any opinions or advice you can offer is greatly appreciated. Thank you!

Okay you got me totally confused. That total is years 2009, 2010, 2011. Why is it less of u said you made $50K in 2011 you add 2010 and 2009 and thats your total. All from your tax forms right? What am I missing. And if you make over the poverty line you need not do the assets section. Help us out here why is the number less?

**I am looking at my 2011 1040 and line 22 is the total of everything lines 7 through 21. So how can your number be less? Look over your tax forms again If you really made on your W2 $55K no way your total income can be less on line 22.**

Edited July 4, 2012 by dwheels76

[bsd058 296]

I misunderstood...deleted post.

Edited July 4, 2012 by bsd058

[Anh map 2,098]

I'm an American citizen married to a Japanese citizen. Been living in Japan for the last 2.5 years and since that time, also working for a Japanese company.

I got an RFE stating the income I declared on my first AOS didn't match my tax returns.

Let's say my total salary came out to be $50k for 2011. (Line 7 of form 1040).

However, we're required to submit the total on Line 22... Let's say this is $800.

Based on their instructions, I need to write $800 as total income for 2011. (Which seems crazy.)

Has anyone experienced a similar situation?

My spouse works in Japan as well. We've saved up a lot of money and are well over the poverty line.

I've documented all of this in the assets section with proof of what's in the bank and pay stubs.

If our assets are enough, does it not matter that the amount for 2011 is so small?

I'm just super anxious about putting down such a tiny number when it doesn't reflect the money I really made.

As always, any opinions or advice you can offer is greatly appreciated. Thank you!

For a self employed person the income number is line 22. For a salary/wage earner your income is the gross amount (what would show on a W2 in the US).

Assets aren't income. Are you wanting to satisfy the I-864 with assets or your income? If income, will your income continue from the same source when you move to the US?

[Price 0]

Okay you got me totally confused. That total is years 2009, 2010, 2011. Why is it less of u said you made $50K in 2011 you add 2010 and 2009 and thats your total. All from your tax forms right? What am I missing. And if you make over the poverty line you need not do the assets section. Help us out here why is the number less?

**I am looking at my 2011 1040 and line 22 is the total of everything lines 7 through 21. So how can your number be less? Look over your tax forms again If you really made on your W2 $55K no way your total income can be less on line 22.**

My apologies for the bad explanation. Let me try that over.

2009: I fully worked for an American company and I have no foreign tax exemptions. I could declare $45k in USD. No problem.

Line 7 Wages, Salary, Tips: $45,000.00

Line 22 Gross Income: $41,000.00

2010: I worked for the same American company for three months and quit. Got married. Moved. Then, I worked for a Japanese company which totaled 7 months in 2010. Because I'm working for a company that's abroad and living abroad, I got a huge tax exemption. My entire salary with yen and USD included was $39k. However, Line 22 shows I only made $8k in USD after the exemption.

Line 7 W,S,T: $39,000.00

Line 22 Gross Income: $8,000.00 (after foreign exemption)

2011: I fully worked for the same Japanese company and still do to this day. Last year, I made the equivalent of $50k in yen. My tax exemption was literally $49k for being abroad the entire time. Line 22 shows I made $800 in the US because I visited there for business a few days.

Line 7 W,S,T: $50,000.00

Line 22 Gross Income: $800.00 (after foreign exemption)

I read in the AOS instructions that they will only look at the totals in Line 22. You can see Line 7 of each year proves I'm over the poverty line. But Line 22 for 2010 and 2011 is insanely low and doesn't reflect what I truly made.

I was wondering who else went through this and if they had any issues.

[Also. I declared all of our assets because upon moving to America, we will be unemployed. However, we will have a place to stay with a relative. I declared the assets because I can't have a joint sponsor.]

Thank you again!

[Price 0]

For a self employed person the income number is line 22. For a salary/wage earner your income is the gross amount (what would show on a W2 in the US).

Assets aren't income. Are you wanting to satisfy the I-864 with assets or your income? If income, will your income continue from the same source when you move to the US?

Thank you for the response.

When we move, both of us will no longer be working with the company we work for now. Therefore, we will be unemployed in America upon our movement.

However, we have savings equivalent to the poverty line x 5, and a place to stay with a relative in America indefinitely while we get on our feet.

I believe because I won't have a job in America, I'll need to satisfy the AOS requirements with assets... money in the bank.

Please correct me if I'm wrong. Thanks!

[Price 0]

I misunderstood...deleted post.

It's my fault for the terrible initial explanation. Sorry about that.

[Anh map 2,098]

Thank you for the response.

When we move, both of us will no longer be working with the company we work for now. Therefore, we will be unemployed in America upon our movement.

However, we have savings equivalent to the poverty line x 5, and a place to stay with a relative in America indefinitely while we get on our feet.

I believe because I won't have a job in America, I'll need to satisfy the AOS requirements with assets... money in the bank.

Please correct me if I'm wrong. Thanks!

Move the cash to the US and you will only need to have 3 times the amount. Plus it's a "better" asset when located in the US?

Do you have enough documentation to establish a US domicile? (The I-864 FAQ link in my signature has some good info about that)

[bsd058 296]

Well, my wife is getting the domicile thing out of the way by getting a job in America and working there before we are asked for the I-864. She's got a job lined up where she used to live in FL and will be starting in August. So she'll be able to show proof that she is working in the US with proof of income on paystubs and an employment verification letter from her employer. That's how we're overcoming the income requirement. I don't know if this is a possibility for you, though. You'd have to move before your spouse.

My wife and I have been married for 3 years. We were inseparable before this process. Now we've come to the realization that this is the only way we are going to get me to the US to be with her. The AOS is such a pain in the neck. I wish they could make the AOS a requirement after 1-2 months after the immigration occurs (to make all immigrations conditional on that) and then they could remove the condition if you meet the requirements after you are both there. That's not the way it works, unfortunately. I'm sure people would take advantage of it and abuse the system if that were the case, though. We wouldn't have to go through all of this if there weren't so many douchebags in the world trying to threaten freedom and democracy and abusing the system.

Edited July 4, 2012 by bsd058

[Price 0]

Move the cash to the US and you will only need to have 3 times the amount. Plus it's a "better" asset when located in the US?

Do you have enough documentation to establish a US domicile? (The I-864 FAQ link in my signature has some good info about that)

Yup, cash has been transferred to the US periodically the entire time we've lived here. Thanks!

They haven't bothered me about domicile (yet anyway, and hopefully won't).

In case it will help anyone else, these are the steps I took:

1) I have an active U.S. Social Security number

a) Evidence supplied: Copy of my Social Security card

2) I maintain a permanent mailing address in the state of NJ

a) Evidence supplied: Copies of different pieces of mail received recently

3) I have a valid driver license, renewed in July 2010 during a visit to my family in the US

a) Evidence supplied: Copy of my driver license

4) I have filed taxes as required with the IRS while living abroad

a) Evidence supplied: Copies of my tax transcripts for 2009, 2010, 2011

5) I hold a joint debit and credit card with my husband at BANK NAME in STATE, USA

a) Evidence supplied: Copies of my most recent statements

6) My husband and I transfer funds to our U.S. bank accounts

a) Evidence supplied: Copies of bank wire and/or deposit slips

7) I have notified my current employer of my upcoming move

a) Evidence supplied: Copy of my employment notification letter

8) I have arranged for temporary accommodations with NAME, my mother in the state of STATE

a) Evidence supplied: Copy of accommodation letter

9) I have traveled to the US in January, preparing for our move. During this trip, I purchased a car which is now parked in my relative's driveway

a) Evidence supplied: Copy of title to the car with a picture

I appreciate your reply!

[Price 0]

Well, my wife is getting the domicile thing out of the way by getting a job in America and working there before we are asked for the I-864. She's got a job lined up where she used to live in FL and will be starting in August. So she'll be able to show proof that she is working in the US with proof of income on paystubs and an employment verification letter from her employer. That's how we're overcoming the income requirement. I don't know if this is a possibility for you, though. You'd have to move before your spouse.

My wife and I have been married for 3 years. We were inseparable before this process. Now we've come to the realization that this is the only way we are going to get me to the US to be with her. The AOS is such a pain in the neck. I wish they could make the AOS a requirement after 1-2 months after the immigration occurs (to make all immigrations conditional on that) and then they could remove the condition if you meet the requirements after you are both there. That's not the way it works, unfortunately. I'm sure people would take advantage of it and abuse the system if that were the case, though. We wouldn't have to go through all of this if there weren't so many douchebags in the world trying to threaten freedom and democracy and abusing the system.

That really, really sucks. I'm very sorry to hear you guys need to live apart. = (

I'm the same way with my husband. I have crazy amounts of respect for the people who go through this entire process living apart from each other and I feel very sad for them. It's just terrible. I was very determined to not move to America first so I saved and saved and saved to make sure we have over the amount needed to quality for monetary assets to count. I hope they don't give me issues about it.

Best of luck to you.