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Im a US citizen filling the i-864 form for my wife im stuck on question 19a. because I lived in MX for the past 7 years with my wife and have not filled Federal Income for that period of time. I moved and started working in TX on Sept 15, 2015 and only filled tax for the last 3 month of 2015 therefore the total income does not exceeds the Federal Poverty Guidelines for my household size. But for the end of 2016 I will exceed the total income because I will work the whole year of 2016. Do I have to wait to file my 2016 tax return to complete the i-864?

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Proof of Employment Letter, Paycheck stubs and whatever else that you can find to prove current income. Copy of 2015 taxes. Letter of explanation why you didn't file taxes for 7 years. If you worked in Mexico, then you needed to file U.S. taxes. U.S. tax law is based on worldwide income and therefore it doesn't matter where you work, you are subject to tax. .


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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Your profile says 'Other' and you have no timeline. You lived outside the US for 7 years with your spouse, so what visa are they adjusting from? You could have just married there and done a spousal visa through DCF in MX.

The I-864 only deals with the last 3 years, so no need to explain not filing for the last 7. If you were required to file the 2014 and 2013 taxes, then you need to file those back returns before filling out the I-864. If you were not required to file those 2 years, then you need to include a statement to explain why you were not legally required by the IRS to file. Details of this are found in the I-864 instructions.

Current annual income is based on projected income that covers a year, not what you make from Jan. - Dec. of any particular one. What you make per hour times hours worked per week, then multiply weekly income by 52 weeks. That is your current annual income amount. You provide a letter from employer and/or recent pay stubs to prove you earn that.

If you are self-employed, then they base your income off the Total Income amount from line 22 of your most recent 1040. In that case, you would most likely need a joint sponsor because your income for 2015 was not enough.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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My wife and I married in Mexico by the time I met her she had Visa B1/B2 we remain in Mexico for 7 year and she renew her Visa 4 years ago. I moved to TX and now I want to fix her paperwork she came abroad on February 2016 through her Visa B1/B2 and I'm filling the forms I-130, I-485, G-325A, I-693, I-864, I-765, and I-131. However I'm stuck on the I-864 form in which I have to proof that I win enough money to sponsor her. I came back to the USA on Sep 15, 2015 in which I started to work when I filled my Federal Income tax return for 2015 the total income was $8,209 from Sep 15., 2015 through Dec 31, 2015. What to I need to do to make sure they understand the reason why my tax year of 2015 was low? The Federal Poverty Guidelines for my household size is a revenue of $20,025 anualy.

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Your problem is not explaining why your past income from 2015 was low. You must explain why you were not legally required to file taxes in 2013 and 2014. The income requirement is based off of current annual income, not what you made in the past year, unless you are self-employed, as I already answered in my first reply above.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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If your assets (house, bank accounts, annuities, etc) exceed the amount (I think it's 3 times the poverty level) then just list all of them. We just went through this and since we started our own business, basically had no income to report. We listed all our assets and were fine.

Edited by Valkyrja

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If your assets (house, bank accounts, annuities, etc) exceed the amount (I think it's 3 times the poverty level) then just list all of them. We just went through this and since we started our own business, basically had no income to report. We listed all our assets and were fine.

What kind of assets have you listed? Proof of ownership?

We are in similar situation and kind of lost at this point.


07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

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