Foreign Income exclusion same as no income! Beware

[elbailador 0]

Hi All

Bummer day today at Embassy IR1 3 years married. I had earn over 80K for the last 3 years 2009,2010,2011. Working on W2 and Joint filing with my spouse. As a foreign resident was allowed to claim Foreign Income exclusion.

For my surprise today I was told I will need a sponsor since they consider I earned no income by taking the exclusion. They want a sponsor with 2011 info.

It is tax season shouldn't they accept my 2012 taxes and I'll just skip the exclusion since it provides no benefits to have my family close?

Thanks for reading

[Cathi 5,860]

It makes sense that they don;t include foreign earned income because once you get to the US you will no longer have employment

[elbailador 0]

It makes sense that they don;t include foreign earned income because once you get to the US you will no longer have employment

The companies are USA based, Im in latin America as their assignments. Im returning for assignments that are USA based only.

[LIFE'SJOURNEY 970]

Get a letter from the employer explaining such.

[Penguin_ie 6,001]

If you get a letter from the company stating you are being transfered within the company to their US offices, and your income will continue from the same source, the embassy should accept that (it's in the I-864 rules).

[Darnell 8,479]

i think the bit was for 'current annual income'

and you really have none that is usa-based. that's the bit they want to see.

Don't have that, you say? Get a co-sponser.

[Villanelle 4,123]

Personally I dont think shes going to gain anything by attempting to argue with the person reviewing her forms.

So how does it work? Your income has to be US based in order to be considered. Darnell is correct. Theyre talking about your current income not your past income. But theres the rub. They base your future ability to earn on your past. In the past her income was foreign. Her company in the past had her on foreign assignment for the last 3 years. Even if she has a letter stating next year she will be US based how reasonable is it to believe that sometime in the future(as the affidavit covers the immigrant for the next potential decade (40 ss quarters) since shes working for the same company, how likely is it that the USC will be transferred out of the US on assignment again and her earnings will no longer be US based earnings- therefore no longer qualifying her?

Its a judgement call on the part on the person reviewing it and it looks like they ruled against her and want a co-sponsor.

Edited January 23, 2013 by capri