Trouble filling out the I864

[nickandmandi2012 0]

Hello,

I am an American living in Senegal with my French husband.

I am having a problem filling out my I-864 form.

I have no IRS papers, since I left the US when I was 9 and have never worked there. I started working in Senegal. My work was not declared at first, but that’s just how it works here.

Today I am declared, but on my payslip I am declared much less than what I really earn. What amount do I write down for the annual income question?

My husband works too, but he is not declared. But, to meet the Fed. Poverty %, I need to add his paycheck to mine. Do I write him down, knowing that he does not have a payslip, and doesn’t pay taxes at all? We can both get a letter from our employer saying that we do work, but only I will have an actual payslip, and proof I pay taxes.

I will have a joint sponsor (my father), and he meets the poverty % for sure. What do I do?

And, since he is a joint sponsor, does he fill out a I864 or an I864A? What would my husband fill out, if I decide to add him to my Affidavit of Support?

I hope I was clear enough in my explanations. It’s all just so complicated…

Thank you all for your answers to come.

Amanda and Nick

[Rajamundis 1]

My two cent in this case is that you should put your oficial income.

[reese1 68]

Please senior members correct me if I am wrong, but can't you only use income from outside of the US if you can show proof that income will continue after entry into the US? Unless you and your spouse will continue to work in the same employment you do now and receive income after you enter the US I don't believe you can use it, regardless if you can show proof or not. At least that was my understanding of the instructions for this form. If this is the case then your father and you will have to fill out the I-864 as you have no income in the US to combine so no need for the I-864a.

[chaine1 116]

I have no IRS papers, since I left the US when I was 9 and have never worked there.

AS a US citizen, you will have to submit proof that you have filed taxes. You need to start figuring that out, and to be honest, I would take care of the tax filings before filing the I-130.

But, to meet the Fed. Poverty %, I need to add his paycheck to mine.

If you have a joint sponsor, you don't need to worry about meeting the federal poverty level. As a returning citizen, your income won't count anyway, unless it will continue from the same source once in the USA.

Does your father live in the USA?

Edited October 8, 2012 by chaine1

[nickandmandi2012 0]

Yes My father lives in the USA.

So you're saying, that if my income and my husband's income doesn't continue from the same source then I write down nothing? I can write down my official income (the one on my payslip) and just have my father fill out the joint sponsor I864 and that's it.

But aren't IRS papers for americans who have worked in the US? As I said, I left when I was 9 yrs old, and have never worked there at all.

[chaine1 116]

So you're saying, that if my income and my husband's income doesn't continue from the same source then I write down nothing?

No, you still should report that income (but only yours, not including your husband's). It wouldn't matter that you don't meet the poverty level, because income earned abroad will not be counted (unless it will continue from same source). So - you report your income, but don't worry that it does not meet the poverty level. Do not add your husband's income.

But aren't IRS papers for americans who have worked in the US? As I said, I left when I was 9 yrs old, and have never worked there at all.

Unfortunately, no. I lived abroad for five years, and still had to file my taxes, and show proof of that when bringing my husband to the USA with me. If I were you, I might try to find someone experienced with US expat taxes. You can probably find someone in Senegal. It doesn't mean you'll have to PAY any taxes (but if you made over around $92,000, you may), but the US government still expects its citizens to file taxes regardless of where in the world they are.

[aaron2020 11,651]

Yes My father lives in the USA.

So you're saying, that if my income and my husband's income doesn't continue from the same source then I write down nothing? I can write down my official income (the one on my payslip) and just have my father fill out the joint sponsor I864 and that's it.

But aren't IRS papers for americans who have worked in the US? As I said, I left when I was 9 yrs old, and have never worked there at all.

First, you need to file your US tax returns. An immigration visa is not possible without you complying with your duties as a US citizen to file taxes. It's one of the requirements for the I-864.

US citizens are taxed on their worldwide income. A US citizen living abroad can exempt up to about $92,000 before being liable for US taxes. Unless you make more than $92,000, you will most likely not owe any US taxes. However, you are still required to file.

Second, your Senegal income is really meaningless for your I-864 because the Senegal income will not continue once you are in the US. The income only counts on the I-864 if it will continue after you move. However, you list your official income from your tax returns because you are signing the I-864 under penalties of perjury. You are making a sworn statement that the information in the I-864 is true, so make sure you put down the truth. Don't write down random numbers because it suits you. You need to provide the correct information.

Third, you will need a Joint Sponsor. Your US citizen father can be the Joint Sponsor if he meets the income requirement. He files his own separate I-864 for your husband.

To emphasize, you are stuck at the I-864 step until you get your US tax returns together.

[nickandmandi2012 0]

Thank you for this information.

I really didn't know about the tax filing. No one ever told me about it. I only started working officially since last may, so I would only start filing taxes next year, for this year right?