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Kpone

i-864 Affidavit of Support (no U.S. Tax forms) Japan

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Hello all,

We have been pre-approved for a DCF filing in Japan. I (the petitioner/ U.S. citizen) have been given an interview appointment at the Tokyo embassy. This came as a surprise because all the literature I've read said that the beneficiary (Japanese citizen) was required to attend an interview at the Tokyo embassy. 

 

Has anyone else been in this situation? 

 

Also, regarding the I-864 form: I have been living and working in Japan for 3.5 years and have only been paying taxes in Japan (as my income has exclusively been in JPY, from Japan).

On the I-864 information page it says that a Japanese income tax return is insufficient for application. I have received $0.00 income in USD or JPY from the U.S for the past 3.5 years. 


I would greatly appreciate any tips or suggestions regarding my situation, esp. the lack of U.S. tax return. 

Thank you in advance! 

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A US citizen must file a US tax return on worldwide income even if nothing is earned in the US. 

You need to file US tax returns and declare your Japanese income.  If you take the Foreign Earned Income Exclusion, the first $100,000 (approx) of income is not taxed.  You absolutely will need US tax returns in order to meet the I-864 requirements.  Your Japanese income tax return is irrelevant.  No US tax return, then no visa -- it's that simple.  

 

If your Japanese income will end when you return to the US, then that income will not meet the requirements of the I-864.  The income would only count if it would continue after you return to the US.  If your Japanese income will end, then you will need a Joint Sponsor for the I-864.

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Thank you for the replies.

 

@aaron2020 : Yes, my Japanese income will end after I return to the US. In this case, can the Joint Sponsor be my wife, who is currently and will continue to earn a Japanese income after I return to the US? FYI, my income was higher than my wife's, though I believe her income will meet the 125% above poverty line requirement. 

 

When you say, "irrelevant", does that mean my Japanese income for the past three years plus supplemental bank account information won't be considered? 

If I file a late US tax return for this past year declaring my Japanese income, it would be under 100,000 USD. 


Thanks for your help! 

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56 minutes ago, Kpone said:

Hello all,

We have been pre-approved for a DCF filing in Japan. I (the petitioner/ U.S. citizen) have been given an interview appointment at the Tokyo embassy. This came as a surprise because all the literature I've read said that the beneficiary (Japanese citizen) was required to attend an interview at the Tokyo embassy. 

 

Has anyone else been in this situation? 

 

Also, regarding the I-864 form: I have been living and working in Japan for 3.5 years and have only been paying taxes in Japan (as my income has exclusively been in JPY, from Japan).

On the I-864 information page it says that a Japanese income tax return is insufficient for application. I have received $0.00 income in USD or JPY from the U.S for the past 3.5 years. 


I would greatly appreciate any tips or suggestions regarding my situation, esp. the lack of U.S. tax return. 

Thank you in advance! 

Sadly, I think you are mistaken.  The beneficiary will have an interview.  In addition, a US citizen MUST report all world-wide income...unless the amount is less than required for reporting....regardless of place of residence.....and it will not suffice for immigrant support if it doesn't continue after relocating to the US.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)
6 minutes ago, Kpone said:

Thank you for the replies.

 

@aaron2020 : Yes, my Japanese income will end after I return to the US. In this case, can the Joint Sponsor be my wife, who is currently and will continue to earn a Japanese income after I return to the US? FYI, my income was higher than my wife's, though I believe her income will meet the 125% above poverty line requirement. 

 

When you say, "irrelevant", does that mean my Japanese income for the past three years plus supplemental bank account information won't be considered? 

If I file a late US tax return for this past year declaring my Japanese income, it would be under 100,000 USD. 


Thanks for your help! 

Your wife's income will not count because that will end when she moves to the US.  You will need a Joint Sponsor who is a US citizen or US green card holder who can meet the financial requirements of the I-864.

 

I said the Japanese income tax return is irrelevant - the US Government does not need this document to process your wife's case.  Your Japanese income is not considered since it will end when you return to the US.  Your bank account as an asset will count for the I-864. 

You need to file US income tax returns for the last three years to meet the I-864 requirements. 

Edited by aaron2020

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Thanks for the info! 

So when I file the past three years of US tax returns, will my Japanese income be reflected? Or will my income effectively be 0?

Also, if my bank account acts as an asset, in order to meet the poverty minimum, does that mean that my reported income is "0" (in US) and I would need to meet 5x the poverty annual income (i.e. bank account balance). 

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Posted (edited)
14 minutes ago, Kpone said:

Thanks for the info! 

So when I file the past three years of US tax returns, will my Japanese income be reflected? Or will my income effectively be 0?

Also, if my bank account acts as an asset, in order to meet the poverty minimum, does that mean that my reported income is "0" (in US) and I would need to meet 5x the poverty annual income (i.e. bank account balance). 

You report your Japanese income on your US tax returns, so it's "reflected" in there.  With the FEIE, your income would be 0 and you would owe no US taxes.  

 

You would need 3x the poverty level.  So approximately $60,000 for a household of 2.  

Edited by aaron2020

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Such a big help! 

 

So if there is approx. 60,000 USD in combined assets (between me and my wife), would there be no need for a joint sponsor provided my tax returns have been filed for the past three years? 

 

Thank you again! 

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3 minutes ago, Kpone said:

Such a big help! 

 

So if there is approx. 60,000 USD in combined assets (between me and my wife), would there be no need for a joint sponsor provided my tax returns have been filed for the past three years? 

 

Thank you again! 

Isn't $60,000 in assets cutting it close?   Even if you meet the minimum standards, the Consulate Officer can still require a joint sponsor.  Personally, I would have a joint sponsor ready.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Also when you file your US tax returns, if you are married in the tax year, you would file as MFS or MFJ.  If you file as MFJ your wife is treated as a resident of the US for tax purposes and her world-wide income is also included on your tax returns.  Do more research on filing US tax returns while residing in a foreign country or get a good tax accountant who knows this area of US income tax law.  You will also need evidence of US domicile.  Read the guides.  Do your research to learn more about the process.  It will prevent problems later if you do.

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Generally you have to report worldwide income as a US citizen.


BUT:
Do check the Japan US double taxation treaty!

Some info, but not the whole law:
https://www.irs.gov/pub/irs-trty/japan.pdf

 

You -likely- don't have to report and pay on your Japanese income in the us if that's from employment.

 

 

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7 minutes ago, Gabor said:

Generally you have to report worldwide income as a US citizen.


BUT:
Do check the Japan US double taxation treaty!

Some info, but not the whole law:
https://www.irs.gov/pub/irs-trty/japan.pdf

 

You -likely- don't have to report and pay on your Japanese income in the us if that's from employment.

 

 

Welcome to VJ.

 

Checking the tax treaty would be a waste of time and a distraction from focusing on meeting the I-864 requirements.  

 

There is absolutely no need to check the Japan US double taxation treaty.  With the Foreign Earned Income Exclusion , his earned Japanese income is excluded on his US tax return so it's never double taxed.  He is required to report his Japanese income on his US tax return and that income is taxed only once by Japan and never taxed by the US. 
 

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