I-864 question for filing from abroad

[pluis 2]

Hello VJ,

I have a question for a rather specific situation. Please let me explain:

Situation:

A couple filing for a CR-1 visum, with petitioner and beneficiary living and working abroad in a country that has a tax treaty with the US. Due to the nature of the tax treaty, the adjusted gross income (line 37 on US tax return) as listed on the US tax returns is a negative number, while actual income is well above the needed poverty guideline.

Question:

Is it indeed correct to fill out this negative number for question 25 of form I-864 (Affidavit of support)?

I know that form I-864 is straightforward and literally says

My total income (adjusted gross income on IRS form 1040EZ) as reported on my federal tax returns for the most recent three years was:

, but I'd still appreciate confirmation from people who've also had to fill out a negative number here. Just, you know, for peace fo mind.

Additional questions:

If we do fill out this negative number, is an explanation for this number needed, or will the answers to the other questions on form I-864 (23,24) plus the copied tax returns ensure a proper understanding of our income situation by NVC?

Is it wise to also list assets in this scenario, or is it unnecessary if the current actual income of our family is well above the poverty guideline?

Thanks in advance!

Edited February 22, 2013 by pluis

[Penguin_ie 6,000]

Most people don't pay tax on foreign earned income, because of the tax treaty, no problem there.

If your income will continue from the same course when you move to the USA, simply get a letter from your employer stating that you will be employed at the US office in X city when you move and the US salary will by Y amount biweekly (or whatever).

If your income will not continue from the same source in the USA, it's a moot point because it will not count on the affadavit of support (as it won;t exist once your family immigrates), and you will need to sponsor on assets or find a co-sponsor.