Federal Income Tax Return when the USC has been outside the US

[Nich-Nick 3,353]

Thanks! I filed late taxes. Something is bothering me though... Do you have "0" on line 22?

And another question - I will put "0" under current individual income. Since me and my husband take care of bills together, should I put that I use his income in I-864 even though his income would be also "0" as it will not continue or no? In this case do I need to provide any evidence of income or evidence of assets if neither one meets the poverty limit? Thanks and sorry for the long post.

A person filing a US tax return with only foreign income and taking the Foreign Earned Income exclusion would typically have zero on Line 22. That's because you list the foreign income on Line 7 and it"s subtracted out (excluded) on Line 21. If there was no other sources of income like interest or dividends (which can't be excluded) then zero is very normal.

For the purpose of the I -864, you have zero income and there is no need to add your husbands zero to it. You either have to qualify on assets or get a joint sponsor to do an I-864 as well. You are required to provide your 2015 tax return with your I-864 even if it says zero. You do not have to provide any further evidence of income because you have no job in the U.S. yet. You don't qualify to be the only sponsor. Don't get too hung up on the form as specific to you because it isn't. It is typically for a person living and working in the US to prove they can be the sole sponsor. Just fill it out and don't worry about the zeros for income.

[Mim4eto 0]

A person filing a US tax return with only foreign income and taking the Foreign Earned Income exclusion would typically have zero on Line 22. That's because you list the foreign income on Line 7 and it"s subtracted out (excluded) on Line 21. If there was no other sources of income like interest or dividends (which can't be excluded) then zero is very normal.

For the purpose of the I -864, you have zero income and there is no need to add your husbands zero to it. You either have to qualify on assets or get a joint sponsor to do an I-864 as well. You are required to provide your 2015 tax return with your I-864 even if it says zero. You do not have to provide any further evidence of income because you have no job in the U.S. yet. You don't qualify to be the only sponsor. Don't get too hung up on the form as specific to you because it isn't. It is typically for a person living and working in the US to prove they can be the sole sponsor. Just fill it out and don't worry about the zeros for income.

Thank you! Now I can breathe! I called NVC last week and explained the agent that my income is earned outside the US, it's way below poverty guidelined, and it will not continue when I go back to US. Plus I have a joint sponsor. She said, "you still have to attach evidence of income". I asked her also about the assets -should I include assets in I-864 if they will not supplement income and she said "yes". So I'm really confused right now. What to prove?? My income will not continue anyway!

[Nich-Nick 3,353]

Your evidence of income is the tax return. It shows on Line 7 what you made. It shows on Line 22 it's not enough to sponsor because it's $0.00. Sending employer letters and pay stubs is optional, says the I-864 Instructioms. You do not fit the typical sponsor and NVC gave you a canned answer. If you fill out "my current income" as $0.00, then all you have to prove is zero. The required tax return backs that up.

It's when you say "my current income" is $20,000 that they expect to see additional documentation proving that amount if your tax return doesn't. So they would RFE asking for proof of $20k. And a letter and pay stubs of your foreign employment of $20k would then be rejected as not meeting the requirements because it will end. So my logic says, say up front "my current income" is $0.00 and have a joint sponsor who can document sufficient income.

[Mim4eto 0]

Your evidence of income is the tax return. It shows on Line 7 what you made. It shows on Line 22 it's not enough to sponsor because it's $0.00. Sending employer letters and pay stubs is optional, says the I-864 Instructioms. You do not fit the typical sponsor and NVC gave you a canned answer. If you fill out "my current income" as $0.00, then all you have to prove is zero. The required tax return backs that up.

It's when you say "my current income" is $20,000 that they expect to see additional documentation proving that amount if your tax return doesn't. So they would RFE asking for proof of $20k. And a letter and pay stubs of your foreign employment of $20k would then be rejected as not meeting the requirements because it will end. So my logic says, say up front "my current income" is $0.00 and have a joint sponsor who can document sufficient income.

Many thanks! I will do so! Is your case completed already?

[Nich-Nick 3,353]

Many thanks! I will do so! Is your case completed already?

Absolutely. Completed all the way from visa to US citizenship.

[Mim4eto 0]

Absolutely. Completed all the way from visa to US citizenship.

Great! Then I will ask you if I have any more questions in my journey if you don't mind ?

[Nich-Nick 3,353]

Great! Then I will ask you if I have any more questions in my journey if you don't mind ?

I did a different visa in a different country. You have posted in the United Kingdom forum is why I answered. And because I happen to know about tax returns. I am not a personal assistant to visas or consulates I am not familiar with. Sorry. Ask your questions in the appropriate forum for your visa type and you will get good answers.

[derppis 1]

If the USC has been working abroad and you are relocating together, for I-864 purposes a job contract with stated salary above the income threshold is enough. Without a job contract, your "22" will say 0, and you'll need a cosponsor. But a signed contract is enough to fulfill that requirement.

[Sand1818 3]

If your income anywhere (US or abroad) is below the filing threshold, then you do not have to file a tax return. That would be like if your wife had a part time job or no job in the UK. Because she was single on dec 31, her filing status would be single. If she earned less than the equivalent of $10,300 US, then she did not have to file anything. Really.

For the I -864, the instructions explain if you weren't required to file, then submit a statement saying why in lieu of a tax return.

Can I also say your statement -That's right, if you earn enough money the IRS requires US citizens to pay tax even if they don't live in the US! is misleading. You are not made to PAY taxes. You have to report via filing a tax return if you made over the filing threshold. You are made to FILE, but with the generous foreign income exclusion, you won't be paying tax to the US.

OK, I think you said she filed. And you are concerned that tax return won't fly with USCIS. It is required to send a tax return with the I-864. That does not mean the tax return has to show over the income threshold. She reports on the "I currently earn $_________" line what she makes right now carried out to a year. If she makes $2000/month then she says she earns $24,000 yearly income. Then you back it up with the optional evidence that the instructions tell you to include. An employer letter stating she earns $24k. Six months pay stubs. If she doesn't have six months yet, then what she has. By the time you get to an interview or decision, she'll have a lot more. If you list assets, then send statements showing where the money is and the balance to back it up.

Read the instructions. They explain most of this. You do not need a joint sponsor.

In case anyone is reading this who isn't familiar with US tax law, the statement "You are made to FILE, but with the generous foreign income exclusion, you won't be paying tax to the US" is not exactly true. There are many people who make over the exclusion amount, and therefore pay both US and UK tax.

Nick-Nick you advice is typically spot on, but that statement made me worry a bit that it could cause confusion.

Edited July 26, 2016 by Sand1818

[Nich-Nick 3,353]

In case anyone is reading this who isn't familiar with US tax law, the statement "You are made to FILE, but with the generous foreign income exclusion, you won't be paying tax to the US" is not exactly true. There are many people who make over the exclusion amount, and therefore pay both US and UK tax.

Nick-Nick you advice is typically spot on, but that statement made me worry a bit that it could cause confusion.

Sure. Point taken. I tend to speak in overly simple terms to the big VJ audience who generally don't exceed $100,000 income in a foreign country . Maybe my concept of that comes from the many who seem to need a joint sponsor. And maybe there are lots out there who have investments paying them $40-50k a year as well. I just don't have time to detail all the exceptions written in the tax code to cover the wealthy who I assumed incorrectly just paid somebody to figure it out for them and don't read VJ. Will try to keep my mouth shut, but I just hate it when somebody says the blanket statement -you have to pay US taxes on your foreign income.