I-864 - Foreign Income Job Transferring to US

[TheChheavFamily 135]

I’m ( US Citizen ) living overseas with my husband and my current employer will be transferring me back to their US office. My tax transcripts show foreign income for the last 3 years so that means a 0 in the earnings field of the I864, but my income exceeds the requirements for supporting my husband’s visa. I have a letter showing that my employer is transferring me as soon as his visa is approved, should this be enough to show the NVC and Consulate to prove my ability to provide financial support? My employer is also offering my husband a job, and we have that letter also. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

 

I’ve been reading the “what kinds of employment abroad can be counted as US domicile” and I fit in one of those categories. I’m just not sure how to show it to the NVC and Consulate. 

 

 

 

 

 

 

 

 

[Nitas_man 3,100]

16 minutes ago, TheChheavFamily said:

I’m ( US Citizen ) living overseas with my husband and my current employer will be transferring me back to their US office. My tax transcripts show foreign income for the last 3 years so that means a 0 in the earnings field of the I864, but my income exceeds the requirements for supporting my husband’s visa. I have a letter showing that my employer is transferring me as soon as his visa is approved, should this be enough to show the NVC and Consulate to prove my ability to provide financial support? My employer is also offering my husband a job, and we have that letter also. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

 

I’ve been reading the “what kinds of employment abroad can be counted as US domicile” and I fit in one of those categories. I’m just not sure how to show it to the NVC and Consulate. 

 

 

 

 

 

 

 

 

On a transfer / same employer / continuing income the foreign earned income isn’t zero

Also “intent to domicile” has a pretty low bar for the USC.  Impending transfer to work in the US is all you need.

Edited September 27, 2019 by Nitas_man

[TheChheavFamily 135]

14 minutes ago, Nitas_man said:

On a transfer / same employer / continuing income the foreign earned income isn’t zero

Also “intent to domicile” has a pretty low bar for the USC.  Impending transfer to work in the US is all you need.

Do you know where I can find reference to where the foreign earned income isn’t zero for a transfer with the same employer? I want to have as much documentation as possible to overcome any inquiries as to why my tax transcripts show zero (with the foreign income exclusion added in) and I am entering my actual salary. 

Edited September 27, 2019 by TheChheavFamily

[Nitas_man 3,100]

17 minutes ago, TheChheavFamily said:

Do you know where I can find reference to where the foreign earned income isn’t zero for a transfer with the same employer? I want to have as much documentation as possible to overcome any inquiries as to why my tax transcripts show zero (with the foreign income exclusion added in) and I am entering my actual salary. 

See references to “continuing income” in the instructions.  A transfer falls under that definition.

 

“Income” does not come from your tax transcripts.  It comes from current year pay records/bank deposits.

 

Your tax transcripts do show your income and what your exclusion was.  The excluded income from the previous year IS still last year’s income.  Exclusion for tax purposes does not mean it was never earned.  The instructions definitely do not direct you or an IO to subtract a standard deduction or exclude foreign earned income and report the net as previous year’s income.

 

 

 

 

[TheChheavFamily 135]

25 minutes ago, Nitas_man said:

See references to “continuing income” in the instructions.  A transfer falls under that definition.

 

“Income” does not come from your tax transcripts.  It comes from current year pay records/bank deposits.

 

Your tax transcripts do show your income and what your exclusion was.  The excluded income from the previous year IS still last year’s income.  Exclusion for tax purposes does not mean it was never earned.  The instructions definitely do not direct you or an IO to subtract a standard deduction or exclude foreign earned income and report the net as previous year’s income.

 

 

 

 

Thank you so much! I read other posts about entering the computer calculated amount and if that was zero to enter zero and was confused/worried. I appreciate your assistance and clear direction for understanding the instructions! 

[Nitas_man 3,100]

9 minutes ago, TheChheavFamily said:

Thank you so much! I read other posts about entering the computer calculated amount and if that was zero to enter zero and was confused/worried. I appreciate your assistance and clear direction for understanding the instructions! 

I am not aware of any posts that instructed to enter the net taxable (calculated amount) on the return as income.  I have seen posts that advised entering (zero) for current year foreign income that will not continue (such as resignation / return to US).  I did not follow that advice and always entered whatever I was making and made it through on assets twice.  So I find that advice as doubtful also.  Either way, if your income will stop and you have to find a job after you return to the US entering zero is appropriate but not entering zero did not delay or impact our case(s).  Your situation falls under “continuing” so your continuing income will count.

CO will want to see your terms of transfer.  Make sure they are brought to the interview.

Edited September 27, 2019 by Nitas_man

[TheChheavFamily 135]

4 minutes ago, Nitas_man said:

I am not aware of any posts that instructed to enter the net taxable (calculated amount) on the return as income.  I have seen posts that advised entering (zero) for current year foreign income that will not continue (such as resignation / return to US).  I did not follow that advice and always entered whatever I was making and made it through on assets twice.  So I find that advice as doubtful also.  Either way, if your income will stop and you have to find a job after you return to the US entering zero is appropriate but not entering zero did not delay or impact our case(s).  Your situation falls under “continuing” so your continuing income will count.

CO will want to see your terms of transfer.  Make sure they are brought to the interview.

Thank you again! 

[pushbrk 12,107]

13 hours ago, TheChheavFamily said:

Do you know where I can find reference to where the foreign earned income isn’t zero for a transfer with the same employer? I want to have as much documentation as possible to overcome any inquiries as to why my tax transcripts show zero (with the foreign income exclusion added in) and I am entering my actual salary. 

I think there is a terminology problem here.  In the tax return information section of the I-864, the income will be zero.  In the "current income" section, you would state what your income will be in the US after transfer.  Your offer letter (or something to that effect) would be how you document current ongoing income.

 

Do not state your spouse's anticipated income though.  It is not "current" as he is not currently employed by your employer.