Income requirement?

[ccvortex 0]

Hi quick question for the forum: My gross income last year was 31,000 USD, but it was all made in China (I am an American living and working in Guangzhou) and therefore not a single penny went to the IRS. My "taxable income" was -27,000 (negative twenty-seven-thousand) so does that mean that I will be denied my K1 because I didn't pay any US taxes?

the QQ group 001 says that me and my fiancee will be denied our K1 because my "taxable income" was -27,000... how can this be true?

[luvwtrNamy 2]

The requirment is that you must make 125% above the poverty line from a job in the US. They want to know that fter your spouse/fiance comes to the US that you can support them and that they will not apply for assistance. Even if you had made 30,000 and paid taxes on 30,000 which above the requirement, due to the fact that this income will not continue after you move to the US with your spouse/fiance makes it thereal problem. Also, would be a problem if you didn't file taxes. My understanding is that you must still file taxes while living aboard even if you don't owe taxes. Good luck. It looks likeyou will have to go with a joint sponser or assets. Keep in mind assets are judged at a 3:1 ratio. Meaning if you have 45,000 in assets or savings then it only countsas 15,000 toward the requirement. Which would bebelow the poverty line for a household of 2. Hope that helps.

[ccvortex 0]

My job travels with me, so when I move to the US so will my job. I am 100% full-time telecommuter. I did file taxes, I have a 1040 that says I made 31,000 but paid no taxes on it because Americans that work overseas for longer than 330 days do not pay taxes on their income.

Edited July 28, 2012 by ccvortex

[luvwtrNamy 2]

Ok. Good news you filed! And lucky you to have that flexibility to be anywhere and work. Are you self employeed or have an employeer? If you have an employeer, they could write a letter verifying your income in future but you might still need a joint sponser or assets. I will let others chime in on this. But I agree that I have seen others on this site been denied or told theyneed joint or assets because their taxes didn't show enough income. Good luck. Hope it works out.

Maybe including a copy of the 1040?

[Penguin_ie 6,000]

If you can prove your income will continue from the same source, you have a good chance of getting approved.

[Mogambi 96]

Also stating that American who are overseas longer than X don't have to pay taxes is WRONG. As an American Citizen, you are taxes on your income worldwide, even if you were living overseas constantly for 5 years. It's just that the US has many reciprocal tax agreements with many countries that state if you paid taxes in those countries, you might not be taxed on that same income in America if you're gone longer than 180 days. So I'm guessing you paid some taxes in China? I believe an American is exempted on the first 78k or so made overseas IF the person is living as a 'tax resident' of the foreign country.

I would think that as long as you can show 1) you HAD income, even if you were living in China, 2) it was above the poverty line, and 3) that income is to continue when you move back to the states, I wouldn't see that as a problem.

You will just have to explain everything to them.

But yes, are you self-employed? If so, they often want to see 3 years of tax returns for you. If you work for an employer that lets you telecommute, then getting a letter from them will help.

[ccvortex 0]

Americans who work outside of the US and its territories for longer than 330 days, and that make under 92,000 USD, and that work for a company (meaning they are not self-employed) do not pay taxes on that income. Form 2555 - Foreign Earned Income Tax Exclusion.

Taxes paid to a foreign company or government *may* be tax deductible depending on where they were paid to and how much was paid. I am not wrong, I talked to the IRS before filing

Details are here: http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.html

I am not self-employed, I work for a Hong Kong company as a regular full-time employee. My position does not require me to be in an office anywhere in particular so as I stated before my job is fully portable.

I have a letter of statement from them already saying that I am an employee that makes X amount, etc, so that should be good.

The people on that ridiculous QQ channel really should learn what they're talking about before giving people "advice" on the US tax system, but I must be half as dumb for allowing them to convince me that having a zero tax burden means the embassy will consider that zero income.

Also stating that American who are overseas longer than X don't have to pay taxes is WRONG. As an American Citizen, you are taxes on your income worldwide, even if you were living overseas constantly for 5 years. It's just that the US has many reciprocal tax agreements with many countries that state if you paid taxes in those countries, you might not be taxed on that same income in America if you're gone longer than 180 days. So I'm guessing you paid some taxes in China? I believe an American is exempted on the first 78k or so made overseas IF the person is living as a 'tax resident' of the foreign country.

I would think that as long as you can show 1) you HAD income, even if you were living in China, 2) it was above the poverty line, and 3) that income is to continue when you move back to the states, I wouldn't see that as a problem.

You will just have to explain everything to them.

But yes, are you self-employed? If so, they often want to see 3 years of tax returns for you. If you work for an employer that lets you telecommute, then getting a letter from them will help.

Edited July 29, 2012 by ccvortex

[KayDeeCee 4,900]

Yes, it is not about how much of your income is taxable in the US. It is about whether or not you legally filed your taxes. If you show proof of your current income being 125% of the poverty level or higher for your household size plus your fiancee, proof that your employment and income will continue when you move to the US, and your tax transcript from filing in the US, then you should be able to get approved without a co-sponsor.

[ccvortex 0]

How do you prove your job travels from one country to the next? Would a simple statement from my boss suffice?

Yes, it is not about how much of your income is taxable in the US. It is about whether or not you legally filed your taxes. If you show proof of your current income being 125% of the poverty level or higher for your household size plus your fiancee, proof that your employment and income will continue when you move to the US, and your tax transcript from filing in the US, then you should be able to get approved without a co-sponsor.

[KayDeeCee 4,900]

How do you prove your job travels from one country to the next? Would a simple statement from my boss suffice?

Yes. I would have your employer give you a letter stating what your position is and that you will remain employed when you move to the US, plus your current salary. That should cover proof of income and proof the employment will continue all in one letter.

[Que Saudade 284]

For the most part, USCIS likes to see your current tax return, sometimes the past 3 years. While there are exceptions, the Tax return is the strongest element.