question about income

[mori212 1]

My wife lives abroad with me so because of the Foreign Excursion Tax law, even though she makes enough income to be a sponsor her Adjusted Gross Income shows as zero (0).

The ____ Form instructs to indicate 'Adjusted Gross Income' so we are worried about the fact that my wife will be required to enter zero (0).

Even if we attach her Federal Income Tax Return they will show Adjusted Gross Income as zero (0) too.

Is there a way we can attach her W-2 to prove she makes an income that is sufficient. Or bank statements for example? Do we just attach them, or do we have to fill out another form to attach them? 

Thank you 

[Ben&Zian 4,397]

Is this income going to continue when she moves back to the US? If so, then you can use it, if not, then technically doesn't count as it isn't going to continue on after moving.

 

Not sure on the tax stuff, just a thought about the employment itself.

[Kastrs 723]

Unless your wife can demonstrate that this source of income will continue when you move to the US, her income will not be sufficient for your sponsorship, she still needs to complete the I864 and attach the required paperwork, but you will need to find a co sponsor with US based income 

[mori212 1]

1 hour ago, Ben&Zian said:

Is this income going to continue when she moves back to the US? If so, then you can use it, if not, then technically doesn't count as it isn't going to continue on after moving.

 

Not sure on the tax stuff, just a thought about the employment itself.

 

1 hour ago, Kastrs said:

Unless your wife can demonstrate that this source of income will continue when you move to the US, her income will not be sufficient for your sponsorship, she still needs to complete the I864 and attach the required paperwork, but you will need to find a co sponsor with US based income 

 

1 minute ago, mori212 said:

I need to clerifay that my wife is working for a US company remotely

I need to clerifay that my wife is working for a US company remotely..

Edited April 11, 2017 by mori212

[JessieABC 159]

5 hours ago, mori212 said:

 

 

I need to clerifay that my wife is working for a US company remotely..

Per the USCIS:

Quote

Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases.

She will have to prove domicile on top of it all and use assets to prove that she meets  the minimum requirement which would then be 5 times the diffence between the minimum income requirement (125% of the poverty level for your family size) and your household income. If she is residing abroad long term, she will most likely need a joint sponsor domiciled in the states who can meet the income requirements.

 

See: https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Edited April 12, 2017 by JessieABC

[pushbrk 12,162]

I prefer to use the word "evidence" instead of "proof", because it's more accurate and to the point.  This wife will be entering $0 as her total income shown on her last three tax returns, and should provide a complete copy of each of those returns.  W2 forms are PART of a complete copy of a US tax return.

 

She should state her current income in the current income section, as whatever it is and will continue to be, once she's in the USA.  Include documentation, offer letter, reassignment letter etc. from her employer indicating she will continue to be employed by them once she's in the USA.  That's all the evidence needed regarding her intent to reestablish domicile in the USA.

 

She will qualify to sponsor based on her current income continuing from the same source, even though she correctly enters $0 in the tax section.  Employed people don't qualify based on past income.  If you made six figures the last three years and lost your job last week and have no income today, you don't qualify as sponsor.  However, if you were without any income at all the last three years, and took a job with qualifying income a couple months ago, you DO qualify.