I-864 Question re Employment

[Kimberley+Dave 0]

Hello,

I've searched for this and haven't been able to find anything specific, so hopefully someone can help?

I am finalising my I-864 to sponsor my husband. As I have lived in the UK for the past 6 years and have no US income, we have also asked my father to joint-sponsor, and we have his I-864 ready.

My question is for my form, what do I put in the employment section? Do I put that I am currently employed (this is true, but in the UK and all my tax details are for my UK employment) or do I put that I am unemployed (in the US)? It doesn't specify the location of the employment on the form, and I don't want to outright lie and say I am unemployed when that is not true.

Could anyone who has gone through a similar situation please advise on what you did? Anything would be appreciated, our interview is on the 20th Feb!! Thanks!

[YuAndDan 153]

You need to be very straight on these things, and show you were employed.

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

You will need to attach a copy of return to your I-864, or explanation why one was not filed, like your income fell below the level that a return is required for.

See instructions with form I-864

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Kimberley+Dave 0]

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

Thanks so much for your quick reply. Yes, I have filed my tax returns for the past three years and these indeed did show my income that I have earned in the UK, even though I did not have to pay any US taxes. These will be attached to my I-864. So, I will state that I am employed in the UK on my I-864, which no doubt they will say does not qualify me to sponsor my husband on my own, at which point I will supply my father's I-864?

[YuAndDan 153]

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

Thanks so much for your quick reply. Yes, I have filed my tax returns for the past three years and these indeed did show my income that I have earned in the UK, even though I did not have to pay any US taxes. These will be attached to my I-864. So, I will state that I am employed in the UK on my I-864, which no doubt they will say does not qualify me to sponsor my husband on my own, at which point I will supply my father's I-864?

Sounds like a good plan, also if you have a job offer in the states that will pay enough, and your husband could also contribute assets then possibly you could still solo sponsor.

Good info can be found here:

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

[Fofire 0]

You need to be very straight on these things, and show you were employed.

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

You will need to attach a copy of return to your I-864, or explanation why one was not filed, like your income fell below the level that a return is required for.

See instructions with form I-864

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

I agree with YuandDan Theoretically speaking you are supposed to supposed to file your taxes if you are overseas unless your combined income is less than 16,900 Usd if married and filing jointlyor 8,450 if single.

In the past the IRS has forgiven people living oversea for unknowingly not filing their taxes. But I cant guarantee their kindness will continue.

However if you are a highincome earner there is a point where your income is taxed. I dont happen to have the number in front of me but its somewhere between 60k and 90k if you are filing as a single naturally it would be around double that for married filings.

As to how to find your income in American dollars the state puts out a number every year that states what what the average exchange rate was for that year. Im not sure where to find it but places where there are a lot of American expats the embassy often hosts free (or at least it used to be) tax advice. This is available only during tax season and in some places its at odd times and hours.

Just check out your local embassy and see what it says under the American service section.

Fofre

[Fofire 0]

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

Thanks so much for your quick reply. Yes, I have filed my tax returns for the past three years and these indeed did show my income that I have earned in the UK, even though I did not have to pay any US taxes. These will be attached to my I-864. So, I will state that I am employed in the UK on my I-864, which no doubt they will say does not qualify me to sponsor my husband on my own, at which point I will supply my father's I-864?

Yes as well as the 864A and his tax returns ( you will see it in the instructions)

Its basically a contract between you and your father saying he is legally obligated if you and your husband ever go on welfare for the next 10 years

[Kimberley+Dave 0]

Yes as well as the 864A and his tax returns ( you will see it in the instructions)

Its basically a contract between you and your father saying he is legally obligated if you and your husband ever go on welfare for the next 10 years

thanks for your replies. If I have a I-864 for my father (with his tax returns), why do I need the I-864A?

[Candace 2]

Yes as well as the 864A and his tax returns ( you will see it in the instructions)

Its basically a contract between you and your father saying he is legally obligated if you and your husband ever go on welfare for the next 10 years

thanks for your replies. If I have a I-864 for my father (with his tax returns), why do I need the I-864A?

If I remember correctly, the I-864 is for the primary sponsor (you) and the I-864A for any joint sponsor.

[Fofire 0]

Yes as well as the 864A and his tax returns ( you will see it in the instructions)

Its basically a contract between you and your father saying he is legally obligated if you and your husband ever go on welfare for the next 10 years

thanks for your replies. If I have a I-864 for my father (with his tax returns), why do I need the I-864A?

you are considered the petitioner and hence legaly obligated because of your marriage if you and your spouse happen to go on welfare. Without the contract your father would not be legally obligated if you were to go on welfare and that would mean that the that when he originally signed that I-864 he did it without ever meaning to truly support you therefore the gvmnt makes you and him sign a contract to make sure that his commitment is real and that you wont go on welfare, becase he makes the commitment to support you enough that you wont ever be that poor.

Follow me? I know I dont always say things in the clearest of ways so please tell me if you dont understand.

Clearly put the I-864 i a statement of Wealth, the I-864-A means that he is legally obligated to make sure that you never go on welfare

Fofire

[iluvmymac 0]

You need to be very straight on these things, and show you were employed.

Also note did you file returns with the IRS, it is federal law that all US citizens and lawful permanent residents need to file returns even when employed outside of the country, you may be exempt from paying taxes on foreign income, but not exempt from filing.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

You will need to attach a copy of return to your I-864, or explanation why one was not filed, like your income fell below the level that a return is required for.

See instructions with form I-864

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

I agree with YuandDan Theoretically speaking you are supposed to supposed to file your taxes if you are overseas unless your combined income is less than 16,900 Usd if married and filing jointlyor 8,450 if single.

In the past the IRS has forgiven people living oversea for unknowingly not filing their taxes. But I cant guarantee their kindness will continue.

However if you are a highincome earner there is a point where your income is taxed. I dont happen to have the number in front of me but its somewhere between 60k and 90k if you are filing as a single naturally it would be around double that for married filings.

As to how to find your income in American dollars the state puts out a number every year that states what what the average exchange rate was for that year. Im not sure where to find it but places where there are a lot of American expats the embassy often hosts free (or at least it used to be) tax advice. This is available only during tax season and in some places its at odd times and hours.

Just check out your local embassy and see what it says under the American service section.

Fofre

The Foreign Income Exclusion is up to $80,000. The form that is used to show you qualify and report your foreign income is form 2555, and it is filed with your 1040. Instructions are included, and all IRS forms can be downloaded from the IRS site.

[Kimberley+Dave 0]

Thanks for all the replies. I'm getting a little nervous now because before I asked the question about putting my UK income on the I-864 for me, the petitioner, I thought I had it all straight.

I was going to submit:

1. I-864 for myself (the petitioner). I don't have any US income, so I need a joint sponsor for my husband.

2. I-864 for my father (the joint-sponsor). He meets the minimum criteria on his own so don't need any info from my mother.

I thought that the I-864A was only to be signed by my mother, if she was listed on my father's I-864?

As far as I was aware none of the forms my father fills out are applicable to me as the USC if I am on welfare and that his signature on the I-864 is a contract with the US government that should my husband need assistance he will be liable (as well as myself).

Could someone please clarify this for me? (BTW thanks for the tax info, but I have already filed my 1040's with 2555 for 2003/2004/2005 so that is fine).

[meauxna 15]

As to how to find your income in American dollars the state puts out a number every year that states what what the average exchange rate was for that year.

FWIW, I used xe.com and just picked a date for the exchange rate, and applied it throughout--no reported problems from others doing the same.

[meauxna 15]

Yes as well as the 864A and his tax returns ( you will see it in the instructions)

Its basically a contract between you and your father saying he is legally obligated if you and your husband ever go on welfare for the next 10 years

The I-864 is a contract between the Sponsor (Joint or otherwise) and one of their household members (perhaps Mom in this case) where Dad is the Joint Sponsor and has comingled income tax returns with Mom. They can separate out Dad's income with his W-2s, or skip the math and have Mom use the I-864A.

The contract is to repay any means-tested benefits paid to the ALIEN. The USC is eligible for means-tested benefits, and she does not need sponsorship herself.

If I remember correctly, the I-864 is for the primary sponsor (you) and the I-864A for any joint sponsor.

This isn't correct---The I-864 is for a Sponsor OR Joint Sponsor. The I-864A is for a household member's income to be included in the grand total.

[meauxna 15]

Clearly put the I-864 i a statement of Wealth, the I-864-A means that he is legally obligated to make sure that you never go on welfare

The entire I-864 is a contract in and of itself, to REPAY benefits actually paid out, not to provide a $$ of support to ensure that the alien doesn't go on welfare.

First off, aliens are prohibited from receiveing means-tested benefits in their first 5 years in the US--most agencies simply will not award the benefit. If, someway somehow, the alien was awarded benefits AND the issuing agency decided to sue to reclaim those benefits, the agency would first ask the alien for replayment, then the Sponsor (USC spouse), then the Joint Sponsor.

The I-864A is simply an addition to the I-864, designed to include the income of a household member to the 'household income' pot.

[Kimberley+Dave 0]

Clearly put the I-864 i a statement of Wealth, the I-864-A means that he is legally obligated to make sure that you never go on welfare

The entire I-864 is a contract in and of itself, to REPAY benefits actually paid out, not to provide a $$ of support to ensure that the alien doesn't go on welfare.

First off, aliens are prohibited from receiveing means-tested benefits in their first 5 years in the US--most agencies simply will not award the benefit. If, someway somehow, the alien was awarded benefits AND the issuing agency decided to sue to reclaim those benefits, the agency would first ask the alien for replayment, then the Sponsor (USC spouse), then the Joint Sponsor.

The I-864A is simply an addition to the I-864, designed to include the income of a household member to the 'household income' pot.

Hi Meauxna,

Thanks for clarifying that. I thought that was the case but as we get closer to our interview dates, I have started panicking about everything!! So if my Dad's income is enough for the joint sponsorship, although he has filed jointly with my mom on his tax returns, we have just included his W2's with the transcripts.

I have posted this question elsewhere, but does anyone know on the DS230 question 29 what address I put for myself (the petitioner)? It doesn't specify whether is 'present' address, 'mailing' address or 'resiential' address? I'm inclined to put my present address in the UK, but just want to double-check.

Thanks to all who have helped!