Are we gonna be ok? affidavit of support

[Maryfran 2]

Hello,

First of all, I am new on this forum, I registered because I have some questions...

My story is that my husband, who is an american citizen, filed for my I 130, the petition has been approved by the USCIS and sent to NVC which I still didn't hear from. My husband called them and told him that they received my case but still need to wait 40 days before calling back in case we don't hear from them before.

Anyway, my husband is resident in the US, he works there since six months because we had to live abroad for four years since I had a 3 years bar penalty and couldn't enter the country for that long (this was in 2010). We didn't fight the case before that because I was pregnant at the time and all by myself with our two year old child.

My husband doesn't have this year W2 form since he got hired few months ago but he's got a w4 form, checks of his salary, proves of residence, phone and car insurance bills, an active bank account...anyway what is worrying us is the fact that he hasn't pay taxes for 4 years since he was with me in Italy...

His last W2 form is from 2009-2010, but he has all of them since 2003 because he's always been working and paying taxes...

The questions are, do you think they gonna hold the fact that we lived in Italy for four years against us? Are we gonna need a joint support because my husband has been employed for less than a year? Do we need a letter form my husband employee?

You have to know also that I am not italian but franch and the reason why my husband had to leave the US is because I was all by myself with our children. My parents in law own a house here in Italy that they donated us. I had nobody but him to rely on.

I hope they'll understand...what do you think?

Thank you for reading and answering me.

[canadian_wife 1,791]

While in Italy, did your husband work? He is still required to file tax returns even if living abroad

good luck

[Maryfran 2]

He worked mostly off the book since we live down South and the working conditions are pretty bad! But if he files tax returns what will he be declaring? Is it too late?

[msbau764 245]

He worked mostly off the book since we live down South and the working conditions are pretty bad! But if he files tax returns what will he be declaring? Is it too late?

It is never too late to file tax returns. For the K-1 visa, I am 99.9% sure that the only income that is counted is income earned in the United States. In that scenario, it wouldn't matter if you filed your overseas income, as it would not be counted.

For the K-3/CR-1 visa, I honestly am not sure if overseas income may or may not be counted. I am almost positive you could find the answer in the search query. In either case, file a tax return. You won't owe anything. I just filed mine after about 5 years.

[awaywego 28]

It is never too late to file tax returns. For the K-1 visa, I am 99.9% sure that the only income that is counted is income earned in the United States. In that scenario, it wouldn't matter if you filed your overseas income, as it would not be counted.

For the K-3/CR-1 visa, I honestly am not sure if overseas income may or may not be counted. I am almost positive you could find the answer in the search query. In either case, file a tax return. You won't owe anything. I just filed mine after about 5 years.

To clarify this response, "counting" here is largely referring to the Affidavit of Support paperwork, so the I-864 for your IR-1 petition. Search VJ for how to fill this out with foreign income. It does not count for support, but your husband's new job in the US will.

For the IRS, foreign and domestic income are reported and are counted toward the threshold at which a USC is required to file taxes for a particular year. If the USC qualifies for the Foreign Earned Income Exclusion, the foreign income (to around $90k) is then excluded from -- presumed double -- taxation. (See the IRS website for info on these.)

As for the "off the books" income, I think this a question for a professional.

[HtBlack 4]

Being Italian, I interpret "off the books" as "in nero", is that right?

If that's the case, and so if he didn't have a contract, he technically never worked at all for tax purposes. You two can say he never worked in those four years and they would have no way of finding out - similarly, if you do say he worked, they will ask you for papers about it when you file taxes and well, if he was working in nero you won't have any papers, no busta paga or anything.

Personally, these are my two cents:

1) if he worked in nero, and so if his employer paid him IN CASH ONLY and he never signed a contract, it's recorded as if he never worked. It's much easier to not go deeper than that because you simply can't prove he has been working. So, I think (someone please chime in on this!) that for the years he didn't file taxes for, he can just write a statement specifying WHY he didn't file taxes (reason: he was unemployed).

2) if he actually had a contract or something, however small, like others say get your information about foreign earned income and have him file his past taxes.

[Maryfran 2]

Thank you so much for you answer. We are gonna do that letter saying he didn't work in those four years. You understood perfectly the situation. He was paid cash and never got in the books.

Now is it safe to have a joint sponsor? My husband works in the U.S. but only for six months. He does reach the 125% and he has pay stubs and a letter from his employer.

[HtBlack 4]

(: I'm glad I understood. It's very sad, but in the South working in nero is really too common...

About the letter, I hope someone more experienced can confirm it for you! I definitely read about it around here before (my husband is in the same situation, he is a USC and lived here for almost a year, but has been unemployed because he didn't really speak much Italian, so I looked into what he would need to do for the period during which he hasn't worked) but I just don't want to tell you something wrong.

About the joint sponsor... from what I read around here, if he's over the 125% of the poverty guideline, has a few pay stubs, and if his employer is willing to write a letter saying that your husband is employed by him with a full-time, long term contract, you should have enough to be approved.

On the other side, he hasn't worked for four years as far as the government knows, so if you want to be on the safe side AND you have someone who would be fine with doing it, then I'd say go for the joint sponsor. I'm a worrier, I wouldn't want to risk it being denied so I would definitely get a joint sponsor!

[Maryfran 2]

Yes we do have somebody willing to help, my brother in law.

I heard about that letter too. So we are going to write one to make sure.

I thought of the joint sponsor because my husband is employed for only six months. I am scared it won't be enough! I worry too much but I don't want any delay!

My husband is with me now in Italy, we did our children citizenship and I need him to go to the interview. I have nobody here! Hope they won't mind. My husband employer gave him that time off.

Thank you ?

[HtBlack 4]

I think it's so nice that your husband can be there with you for the interview! I wish mine could be too... his employer was kind to give him the time off.

I'm the same as you, I overworry, so I would definitely go with a joint sponsor too.

Good luck with everything! Let us know how it goes with it.

[Maryfran 2]

I definitely will! Thank you! ?