I-864 some questions

[Frips 166]

While we are waiting for NVC case # to be assigned, we have some question about I-864.

Some facts: My wife (petitioner) is living with me in a third country.....

1. Part2, Q2.a: (info on the principal immigrant): To be sure...question is asking just for the immigrant mailing address (not for place of residence)?

2. Part2, Q5: (A-number)....I assume that I do not have it yet...so leave it blank?

3. Part4, Q3.a (Sponsors place of residence) : My wife is living with me but....does she put here this address or can she put her US address? (I know she has to prove her domicile)

4. Part5, Q4 (dependent child).....To be sure....She has one child who is living with his father(he has legal custody)...anyway she has to count him, true?

5. Part6, Q5 (current individual income): She is not working in US but here where we are living. What to put down....0$ or current foreign income, reported on 2555 also?

6. Part6, Q13a.1-13c.1 (total income): She did file her tax returns with form 2555 (foreign earned income exclusion). She has last tax transcript....So does she write down 0$ or amount from 2555?

We will use our cash assets....

Thanx:)

[Ryan H 3,791]

Answers:

• Place of residence
• Leave it blank or put dashes through that box
• She can use her US address
• Yes
• I'm not sure
• I'm not sure

[RaginKhmer 6]

6. Part6, Q13a.1-13c.1 (total income): She did file her tax returns with form 2555 (foreign earned income exclusion). She has last tax transcript....So does she write down 0$ or amount from 2555?

Q13a.1 MUST be the TOTAL GROSS income reported on the most recent Federal income Tax return. Not adjusted gross, not modified gross, but Total Gross. She should write down whatever is on her 1040 as Gross Income.

[Frips 166]

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Answers:

• Place of residence

I'm Temporary in Croatia (one year).Can I write down my slovenian address which is my permanent residence or should it be croatian address?

For example on my medical exam report there will be slovenian address as is in passport also.

Q13a.1 MUST be the TOTAL GROSS income reported on the most recent Federal income Tax return. Not adjusted gross, not modified gross, but Total Gross. She should write down whatever is on her 1040 as Gross Income.

This is line 22 on 1040 wright?

[Frips 166]

5. Part6, Q5 (current individual income): She is not working in US but here where we are living. What to put down....0$ or current foreign income, reported on 2555 also?

Anyone? Thanx

[Frips 166]

Hi still have the same question because I'm getting different informations from NVC.

So my wife USC is working in Croatia and have no US income (she filled her taxes and total income on irs transcript is 0$ because of her 2555form).

So....part6 Q1, does she have to state current foreign employer and under Q5 current foreign income (xxxxx$)..right?

Does she have to provide employment proof...like contract? Of course this employment will not continue when we'll moved.

[asisflyer 47]

RE: FEI 2555 or 2555-EZ and I-864

The I-864 Is expecting Total Income if using a regular 1040 . The 2555 or 2555 EZ will reduce your "earned income" and it's tabulated as a negative value against other income fields (not as an expense field).

The result is that for the expat filing the I-864, often your income figures appear low.

Only income that can be shown to continue in the U.S. counts toward the I-864P standard. Many use Joint Sponsors then in that case assuming they don't have the qualifying assets which you say you do.

Don't forget domicile issue--- show steps taken to re-establish US domicile: Drivers License, Lease/Purchase of Property, Auto, Auto Insurance, etc.

Good luck.

5. Part6, Q5 (current individual income): She is not working in US but here where we are living. What to put down....0$ or current foreign income, reported on 2555 also?

6. Part6, Q13a.1-13c.1 (total income): She did file her tax returns with form 2555 (foreign earned income exclusion). She has last tax transcript....So does she write down 0$ or amount from 2555?

We will use our cash assets....

Thanx:)

[Frips 166]

Domicile issue is solved, documents are ready!

Assets are hopefully solved also.

Back to 864. Now I understand how 2555 works but I'm still not sure what she has to fill for these questions. Because question is asking for her current employer(1)and current income(5).I know that her income will not count.

It is a little bit strange to state that she is employed and has no income?!

For Q13.a-c: we know it should be 0$

Edited December 9, 2014 by Frips

[Frips 166]

we are really not sure how answer these Q*1,5?

Edited December 10, 2014 by Frips

[asisflyer 47]

Domicile issue is solved, documents are ready!

Assets are hopefully solved also.

Back to 864. Now I understand how 2555 works but I'm still not sure what she has to fill for these questions. Because question is asking for her current employer(1)and current income(5).I know that her income will not count.

It is a little bit strange to state that she is employed and has no income?!

For Q13.a-c: we know it should be 0$

U.K. Expat Boards have lots of people with FEIE concerns filing the I-864. It is discussed at much greater lengths than here where the USC Expat/DCF community is much smaller than the resident petitioner community or so it seems from the thread counts. Suggest you google for it FEIE and I-864. 2555 and I-864 etc.

I had the same concerns you have. It took a lot of research to figure this out. Seems odd to erase all your earned income and just to show some interest, dividends, stock trades, rental income, etc. ("unearned income") when you want the reviewer to see your total income.

That's where supplemental statements, copies of returns, or opening the discussion at the interview come in. Form just wasn't designed with too many expat filers in mind. It is designed to only show income that is relevant to the I-864P qualification and your Foreign Income is generally not -- UNLESS - you can show that such income will continue when you are in the U.S. You would show that with a Letter from Employer stating that you will remain on contract after you return to the United States and your salary continue. Again though, you said you had assets to override the issue of income and so you have not the worry there as the assets override. Alternatively, you can use a resident Joint Petitioner to achieve same.

13.a for 2013 for I-864 filed in calendar year 2014 - they are expecting exact match to Total Income on 1040 and AGI on 1040EZ. There are

references to RFE's going out if it doesn't match that field on the respective tax return or tax return transcript. Google for it.

Similarly in part 6 Item 5 - show 2013 Total Income from 1040 for a 2014 filed I-864 ... such that its matches matches the 2013 Tax Return figure used in 13.a

You are right when you say it may seem illogical, but that is how the form is designed.

Plenty of expats well above poverty line who fill in a few dollars only in those fields due to 2555 and wind up showing under $50 at total income.

You can include cover-letter and I-864 specific Letter of Explanation (sign and date it) if you like.

Hope this helps. Good luck mate.

[asisflyer 47]

Q13a.1 MUST be the TOTAL GROSS income reported on the most recent Federal income Tax return. Not adjusted gross, not modified gross, but Total Gross. She should write down whatever is on her 1040 as Gross Income.

Sir--- you are correct for 1040. (total income) however for 1040EZ its AGI. .

REFERENCE ON 1040EZ: I-864 form itself and also instructions

REFERENCE OF 1040: I-864 instructions

[Frips 166]

@asisflyer: thank you,thank you! Yeap, they should take expat into consideration. After your interpretation everything is more clearly to me. Her foreign income was so low that "total income" became 0$

Few minutes ago I was speaking with NVC rep. She also told me that for Q5 we have to fill it 0$. She was realy nice and double checked it with supervisor.

Additional question: If we send AOS in January 2015, last tax year is still 2013?

Thank You again!

PS.: btw..I've totally forgotten that I can google 2555 and I864

Edited December 10, 2014 by Frips

[asisflyer 47]

@asisflyer: thank you,thank you! Yeap, they should take expat into consideration. After your interpretation everything is more clearly to me. Her foreign income was so low that "total income" became 0$

Few minutes ago I was speaking with NVC rep. She also told me that for Q5 we have to fill it 0$. She was realy nice and double checked it with supervisor.

Additional question: If we send AOS in January 2015, last tax year is still 2013?

Thank You again!

PS.: btw..I've totally forgotten that I can google 2555 and I864

On the trigger point for "current year return" return on I-864--- I HAVE NO IDEA -- I googled for this and could not find distinct answers.....

I did however, find a person who filed the I-485/I-864 in February with prior year's return and was consequently RFE'd for the current year return.

Because of this I hurried to meet a December filing window with acceptance to bypass the issue.

Your AOS line confused me though. Where is USC and Alien Spouse ? What is residence of USC last 6-months (with non-tourist visa if applicable).

I went through a mind boggling amount of analysis to try for perfection of filing. Many of the expat topics seem to not be covered here and I ultimate filled in the space

as best I could. I am pleased to be able to "give back" to the community.

Good luck.

[Frips 166]

My USC wife has dual citizenship and she is now with me in Slovenia.

First we have to make some money transaction from our bank account here to her US bank account,so we won't be able to send AOS before January:(

Got my answer:) http://www.visajourney.com/forums/topic/526613-a-potential-dilemma-what-to-do/

Edited December 10, 2014 by Frips