AOS I-864 Employment

[kmbeeman 0]

I am sponsoring my husband, we live in Argentina. I work here, but I do not file a tax return (since my work is freelance). Should I put "unemployed"? By the way, my parents are filling out the I-864A for us.

Thank you!

[NikLR 13,227]

Your parents would be filling out both an I-864 (for whomever will be your primary co-sponsor) and then the other parent would file a I-864a as part of their household.

[NikLR 13,227]

double post by accident?!?

Edited January 29, 2013 by NikiR

[kmbeeman 0]

"Your parents would be filling out both an I-864 (for whomever will be your primary co-sponsor) and then the other parent would file a I-864a as part of their household."

This is contrary to what I have read. The sponsor is me, but because I am neither living in the U.S. nor employed by an American company, I need a co-sponsor which would be my mother. The I-864 is always for the sponsor. Is this not correct?? I am very confused. Even I am not technically "sponsoring" due to my lack of income, that is still my role as far as the NVC is concerned, since I am petitioning for my husband.

Can you clarify what you mean?

[Kazulie 132]

If the primary joint sponsor (let's say Dad) makes enough money to sponsor you without mom, mom doesn't fill out any form. You and dad would both fill it an I-864. If dad needs mom's income as well in order to sponsor you, then she would fill out an I-864A.

I'm not sure what you would do about your taxes because even though u are a freelancer, you are still supposed to file taxes. I'm sure someone will come along with more info on that.

[Kazulie 132]

"Your parents would be filling out both an I-864 (for whomever will be your primary co-sponsor) and then the other parent would file a I-864a as part of their household."

This is contrary to what I have read. The sponsor is me, but because I am neither living in the U.S. nor employed by an American company, I need a co-sponsor which would be my mother. The I-864 is always for the sponsor. Is this not correct?? I am very confused. Even I am not technically "sponsoring" due to my lack of income, that is still my role as far as the NVC is concerned, since I am petitioning for my husband.

Can you clarify what you mean?

You fill out the I-864, mom fills out the I-864, dad drinks a beer.

But you still need to get your taxes situation figured out. Even if you are living outside the States and for a non- American company, you are still required to file US taxes.

Edited January 29, 2013 by Kazulie

[Villanelle 4,122]

I think Kazulie explained it quite well. Youre required to send in- an 864 from you as the petitioner (even if you dont qualify). If youre using a co-sponsor, its going to be either the 864 alone from the co-sponsor or the co-sponsors 864 + the 864a from their spouse/other household member.

So since you are using a co-sponsor, you'll have your 864 and your parents 864. (depending on their financial situation their form may be just the 864 or it may be the 864+ the 864a)

But Kazulie is concerned (and rightfully so) about your mention about being employed 'freelance' overseas and not paying taxes in the US (??) Youre not unemployed. Did you think you were? As a USC you are required to file tax return in the US no matter where you reside. There are certain exceptions. You need to check the IRS website to see if you qualify or qualified for any. If you were supposed to have been filing taxes for prior years and you havent been- you have a problem. (its a fixable problem though) Part of the 864 form youre going to fill out states "I filed a tax return for the last 3 years" if you say you didnt, then you need to write a letter quoting the reason why you were exempt. Lying and saying you were exempt when you were not is FRAUD. Not a good idea.

[kmbeeman 0]

Thank you for clarifying the I-864 question - actually, the forms make more sense to me now.

About the income taxes, my income abroad is very, very trivial - which, I suppose is the reason I didn't think filing a return would be necessary. Also, even here in Argentina there is no documentation to the work that I do, so I do not know how I would fill out a tax return without any documents supporting my annual income. I will find some way to do it however. By the way, I had no intention of committing "FRAUD."

Thank you.

[kmbeeman 0]

AND:

Regardless of where you live now, being a United States citizen requires that you file a yearly tax return with the IRS. Green card holders and all US citizens are required to file a US return, no matter where they live, as long as their income (earned in-US and abroad) is just over $9,000.

I make under that.

[Villanelle 4,122]

Ah.then its very simple.

Since you made under that, you will check off that you have not filed a tax return for the last 3 years, you then attach a very simple letter stating something like - For the years x y and Z I was exempt from filing a federal tax return because I resided wherever and my income was x amount this year etc etc etc. According to IRS regulations if your income was under 9k you are exempt from filing- I met the exemption and did not file. Sign your name.

(your other choice- which is a bit silly, would be to go and file back returns even though youre exempt. I mean you can file a return when you dont have to, you can file a return when you have 0 income if you want. But its going to take time and its a waste of energy if your sole purpose of filing would be simply to check the box that says I filed returns and they are attached. You dont need to check the box and you dont need to back file as you were legally exempt and can attach a letter. Why you would choose this route- I dunno- but its a choice so its being disclosed to you.)

[Roosha 51]

AND:

Regardless of where you live now, being a United States citizen requires that you file a yearly tax return with the IRS. Green card holders and all US citizens are required to file a US return, no matter where they live, as long as their income (earned in-US and abroad) is just over $9,000.

I make under that.

Are you sure it's $9000? I also live abroad and did a lot of research about this, ended up filing 3 years worth of taxes. I never saw $9000 as the income threshold. If I did I wouldn't have filed for 2010!! So, could you please give me the link or information about this? Thank you so much!!

[Villanelle 4,122]

Roosha these 2 pages will help you

First page http://www.irs.gov/uac/Interactive-Tax-Assistant-(ITA)-1 (just a summary and a search box)

"Interactive Tax Assistant (ITA)

The ITA tool is a tax law resource that takes you through a series of questions and provides you with responses to tax law questions.

Simply answer the questions and click the “Continue Button” to progress to the next question screen.

You may need to collect information before the interview such as income amounts, taxes owed and credits you are claiming.

The tool includes a crossover feature that allows you to move from certain tax topics to another without needing to enter the same answers multiple times. The “Review/Change Button” allows you to adjust responses to previously asked questions.

When you reach the response screen, you have the option to print the entire interview and the final response.

Note: The interview will time out after 5 minutes of inactivity. To avoid timing out, you should click on the "Continue" button on the question screen within 5 minutes.

The tool does not require sensitive information such as Social Security Numbers.

The tool does not address tax law issues regarding dual status citizens.

The ITA tool covers a limited number of topics listed below. If you use the search feature and the requested topic is not covered by the tool, then you may be sent to the IRS.gov Tax Trails application.

We do not recommend use of the Back button. Using the Back button could cause an application error."

Second page- the actual tool

http://www.irs.gov/uac/Do-I-Need-to-File-a-Tax-Return%3F

While it doesnt give the amounts that qualify for exemptions it will tell you for the last 3 years if you needed to file. (you could even print the interview and attach it to your 864 as proof of not having to file, rather then trying to find the tax code, if youre not sure which tax code exempted you)

Edited January 30, 2013 by capri

[kmbeeman 0]

http://www.irs.gov/pub/irs-pdf/p54.pdf

Go to page 3, for "filing requirements"

[Roosha 51]

Thank you

Yes I did see this table when I was doing my own research, I just had the number $3500 stuck in my brain b/c I filed married separately and that's the threshold for my filing status! Thanks for the info!

[kmbeeman 0]

no problem! good luck!