Form i864 (merged topics)

[SCOREAU 36]

My wife is American citizen living here with me in UK, and our US-born daughter.

I have to supply an i864 for the interview, and on it she will be sponsoring me to move there. It will be based on assets of house sale and my pensions/investments. Anyway, do I have to file an i864 A as well as an i864?

Secondly, if house proceeds will be used how do I show it's projected value?

 

[kris&me 572]

carefully read the I 864 instructions for claiming assests of the beneficary numbers 6 thru 10

and number 2 about the USC and residency requirements

 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[TBoneTX 43,247]

Thread is moved from the K-3 Process forum to the CR-1 Process forum.

[SCOREAU 36]

Thank you in advance for any advice offered on this one. My wife is a us citizen who has lived in UK with me and our daughter ( born in USA but lived here virtually all her life ). I have gotten to the medical stage  and have all the paperwork required, apart from one thing: my wife has never submitted her tax returns since being here, but has only been working for the past 3 years here, until she resigned last month ). She is going to do an amnesty submission but this looks like it'll take a while, judging by what I've read online. They are planning on flying out very soon, and living in the house that we are buying from her brother, finding a school, and 'settling in'.

I'm concerned because once a medical is done, one would usually have the interview soon after but I can't until she has sorted out the tax returns etc. My question is, would it be best to go ahead with the medical or delay because I haven't got the required tax paperwork for my spouse re the i864 which I need for the interview? 

My wife is desperate to move back to USA, and I'm doing all I can to make it happen ( sell house, retire early and use assets to satisfy the poverty level etc ,) but this element has put the handbrake on, and I am a bit lost on it now. I booked the medical only to keep the wheels moving but as there is probably going to be a measurable delay re the tax return problem, I'm thinking there's no point doing now.

Add to that, they are planning on staying there, so I will be here and they'll be in USA. They will have return tickets just in case my daughter reacts badly to the move.

Edited July 17, 2019 by SCOREAU

[Nitas_man 3,100]

Assuming she has a SS number she can quickly file her past tax returns.  Probably limited to married filing separately status but foreign earned income exclusion ($100k+) should overcome any need to pay past taxes.  

 

Suggested to use PWC or another tax firm and have them file all 3 years electronically.

 

As to the support affidavit:  Opening accounts and transferring assets to the US  fall under “intent to domicile” and cash assets of 3x the difference between continuing income and required income will meet the sponsorship requirements.

 

The medical exam expires.  I would at a minimum put off the medical until taxes are filed, assets are transferred, and affidavit requirements are satisfied.  We always set up the medical as the very last step after everything else has been submitted and accepted.  One time we got approved too soon and delayed the medical only for about 4 months while I finished up an overseas job.  No penalty, no issue.

[SCOREAU 36]

39 minutes ago, Nitas_man said:

Assuming she has a SS number she can quickly file her past tax returns.  Probably limited to married filing separately status but foreign earned income exclusion ($100k+) should overcome any need to pay past taxes.  

 

Suggested to use PWC or another tax firm and have them file all 3 years electronically.

 

As to the support affidavit:  Opening accounts and transferring assets to the US  fall under “intent to domicile” and cash assets of 3x the difference between continuing income and required income will meet the sponsorship requirements.

 

The medical exam expires.  I would at a minimum put off the medical until taxes are filed, assets are transferred, and affidavit requirements are satisfied.  We always set up the medical as the very last step after everything else has been submitted and accepted.  One time we got approved too soon and delayed the medical only for about 4 months while I finished up an overseas job.  No penalty, no issue.

The plan is for me to only sell the house if I get accepted. It even says on the forms. Therefore, until I get accepted ( or not ), the assets are here and I carry on in my job. Your answer about assets transferred doesn't come into it at present 

[Nitas_man 3,100]

20 minutes ago, SCOREAU said:

The plan is for me to only sell the house if I get accepted. It even says on the forms. Therefore, until I get accepted ( or not ), the assets are here and I carry on in my job. Your answer about assets transferred doesn't come into it at present 

Assets in context of support affidavit generally apply to USC assets.  You referenced buying a house in your post.  We relocated from overseas, used liquid assets to overcome the affidavit of support hurdle, then bought a house.  That is one way but not the only way to do it.

 

Your IV case will be straightforward.  The hurdle to overcome when moving to the US from another country is the affidavit of support she has to file on your behalf.  That one is difficult to overcome as overseas income that will not continue when the USC moves back is counted as (zero) at the interview.  The choices are highly liquid assets (or) a joint sponsor.  This has to be sorted out before your interview.

 

Edited July 17, 2019 by Nitas_man

[SCOREAU 36]

33 minutes ago, Nitas_man said:

Assets in context of support affidavit generally apply to USC assets.  You referenced buying a house in your post.  We relocated from overseas, used liquid assets to overcome the affidavit of support hurdle, then bought a house.  That is one way but not the only way to do it.

 

Your IV case will be straightforward.  The hurdle to overcome when moving to the US from another country is the affidavit of support she has to file on your behalf.  That one is difficult to overcome as overseas income that will not continue when the USC moves back is counted as (zero) at the interview.  The choices are highly liquid assets (or) a joint sponsor.  This has to be sorted out before your interview.

 

My liquid assets are entirely based on sale of house, company pension available as soon as I retire, lump sum from pension. Alone, this is way over the poverty level ( liquid assets available within 1 year ). Add to that, another pension and lump sums I am entitled to next September when I'm 55. I have a house value quote, and already sold it a while back before pulling out because of delays with this visa etc. It is all way over the poverty level. I can prove my pensions, house etc.

Tbh, if I am considered a potential liability, despite my assets, clean record and 36 years of employment, then I'll stay here. Besides that, my wife and daughter could just move there tomorrow, despite having nothing in their name, in terms of assets. Not that I want that, obviously, hence keeping everything open in UK.

Edited July 17, 2019 by SCOREAU

[Nitas_man 3,100]

30 minutes ago, SCOREAU said:

My liquid assets are entirely based on sale of house, company pension available as soon as I retire, lump sum from pension. Alone, this is way over the poverty level ( liquid assets available within 1 year ). Add to that, another pension and lump sums I am entitled to next September when I'm 55. I have a house value quote, and already sold it a while back before pulling out because of delays with this visa etc. It is all way over the poverty level. I can prove my pensions, house etc.

Tbh, if I am considered a potential liability, despite my assets, clean record and 36 years of employment, then I'll stay here. Besides that, my wife and daughter could just move there tomorrow, despite having nothing in their name, in terms of assets. Not that I want that, obviously, hence keeping everything open in UK.

She has to fill out the support affidavit.  If they have nothing in their name I suppose she can settle in, go to work, and sponsor you later.  Not an issue with us, everything was joint and parked in the US.  Not sure how that is going to work in your case but you are definitely not ready for the medical and interview.

 

 

[SCOREAU 36]

26 minutes ago, Nitas_man said:

She has to fill out the support affidavit.  If they have nothing in their name I suppose she can settle in, go to work, and sponsor you later.  Not an issue with us, everything was joint and parked in the US.  Not sure how that is going to work in your case but you are definitely not ready for the medical and interview.

 

 

Yes. Once my wife sorts out her tax returns, I will then go ahead. It's all a bit skewed, but our way isn't a wrong way. I'd be foolish to sell up as it is, because if I get rejected ( which would be ridiculous, honestly ), I'd be stuck here and they would either come back or.....God knows! The secondary plan is catered for; staying here, and I'm not burning my bridges just yet.

Edited July 17, 2019 by SCOREAU

[JeanneAdil 6,220]

and example of active income for taxes was an exemption of $104,100 for the USC unless self employed

and if employed by UK employer

For instance, if you went to work in the UK, you would not have to pay into the US Social Security system because you would already be paying into the UK system through your employer.

 

to note :  passive income,  however, if any,  is taxable 

 

Passive income, on the other hand, cannot be excluded from federal income tax. This means that any income from passive activities such as stock trading, forex trading, day trading, cryptocurrency trading, capital gains, buying and selling of real estate, pension income, IRA distributions, rental income, social security benefits, etc. will be taxed without exception.

 

so, noted if there is no passive income,  no need to not file those returns ASAP allowing you to go forward with this process

and ,  since online it is easy,  you will need to follow the IRS site to see when the returns are processed so you can send for IRS transcripts to support the I 864

 

 

for the exclusion be sure to file form 2555 or you will not get it

Edited July 17, 2019 by JeanneAdil

[SCOREAU 36]

3 minutes ago, JeanneAdil said:

and example of active income for taxes was an exemption of $104,100 for the USC unless self employed

and if employed by UK employer

For instance, if you went to work in the UK, you would not have to pay into the US Social Security system because you would already be paying into the UK system through your employer.

 

to note :  passive income,  however, if any,  is taxable 

 

Passive income, on the other hand, cannot be excluded from federal income tax. This means that any income from passive activities such as stock trading, forex trading, day trading, cryptocurrency trading, capital gains, buying and selling of real estate, pension income, IRA distributions, rental income, social security benefits, etc. will be taxed without exception.

 

so, noted if there is no passive income,  no need to not file those returns ASAP allowing you to go forward with this process

and ,  since online it is easy,  you will need to follow the IRS site to see when the returns are processed so you can send for IRS transcripts to support the I 864

 

 

for the exclusion be sure to file form 2555 or you will not get it

Thank you, Jean.

[SCOREAU 36]

I am at the medical stage of my application. I am a UK spouse of a US citizen and we are in the UK but intending to move to USA. The i864 from my wife will be entirely based on the assets of a house sale ( about £145k assets after sale ), and my pension/investments, which I will indicate on the form as a year's worth of imnediately available pension payments and the lump sum I am entitled to ( £12,500 + £26000 lump ), and converted to dollar figure at time of applying ). I will prove these assets with a title deed, a recent valuation for sale, written evidence of my pension options, and further pension that I can draw on in October 2020, when I am 55, which is a further lump sum and monthly pension. The poverty level for 3 is currently about $27000 and I need to prove we have at least 3 times that figure, if based on assets. My wife and daughter are going over in the next couple of weeks, to arrange our daughter's schooling ( she was born in USA ) and I will put house on market once we know that all is going well with the move ( just being cautious and concerned about my daughter settling ). My wife has filed an amnesty with IRS in Texas as she failed to realise she needed to file them since here, but has only worked in past 3 years. Then she will file her returns, which she is busy doing now. My question is, on the i864, I have all the paperwork in place to proceed and have been stopped in my tracks by the IRS issue, but is the question on there because it assumes the sponsor is using her income ( none at the moment ) to sponsor me, when in our case the assets in UK are the entire basis for satisfying the poverty level?

Just a bit puzzled.

My wife is planning on getting a job, and has support from her big family over there, but I am keen to sell up quickly and join them as I don't want to be apart for too long. In the meantime, I will be supporting them financially from here 

Any advice is welcomed, and apologies for the length of this post.

[USS_Voyager 1,971]

8 minutes ago, SCOREAU said:

is the question on there because it assumes the sponsor is using her income ( none at the moment ) to sponsor me, when in our case the assets in UK are the entire basis for satisfying the poverty level?

The petitioner (your wife) is always the primary sponsor, comes hell or high water, and must provide tax returns/transcripts, even if she her income is not adequate. 

 

Another thing is, "satisfying the poverty level" does NOT mean an automatic approval. The CO is supposed to look at the totality of your circumstances and make a decision. There are many other factors they can consider such as medical history, where you will live, ... in making the public charge determination. 

[SCOREAU 36]

1 hour ago, USS_Voyager said:

The petitioner (your wife) is always the primary sponsor, comes hell or high water, and must provide tax returns/transcripts, even if she her income is not adequate. 

 

Another thing is, "satisfying the poverty level" does NOT mean an automatic approval. The CO is supposed to look at the totality of your circumstances and make a decision. There are many other factors they can consider such as medical history, where you will live, ... in making the public charge determination. 

Okay. I realise that achieving the poverty level isn't the only stipulation, but I am in good health, no criminal record, no mental issues to worry about, and we are going to buy her brother's house once we sell up. The house will be very cheap and even after buying it, we still achieve the poverty level easily. Honestly, if it's going to be rejected based on our circumstances, then I'll be very surprised - and I don't say it boastfully. My wife and daughter could just move over no problem as they are citizens, so allowing me over based on the above should be seen in a positive light.

We have been married 12 years and have an 11 year old daughter, and decided that now is a good time to make the move - and I'm more than happy to make my wife's desire to be realised - and our daughter.

Edited August 2, 2019 by SCOREAU