How to file I-864 when income on tax return only does not meet requirement (due to FEIE)

[M&Y_2019 20]

Hello all,

 

I have a confusing problem related to I-864, and I’m hoping some of you might be able to help. 

 

I lived and worked abroad for several of the last few years and I was using the foreign earned income exclusion on my most recent tax filings (part of 2016, all of 2017, and nearly all of 2018).

As such, my AGI on the tax return for 2018 and 2017 is below the requirements because all of the foreign income is excluded via form 2555. 2016 would meet the requirement because I worked in the US for part of the year. With the foreign income included, all years would meet the requirement -  but it seems they only look at AGI. 

 

I moved back to the US at the end of 2018 and have been employed here since, but my 2019 income will not show on a tax return until filing time 2020.
 

My fiancé entered the US a couple weeks ago, and we have until the beginning of February to marry and file AOS. I could choose to wait until I’ve filed a return for 2019, which puts me well ahead of the income requirement, but this will add time to the AOS coming through. Furthermore, I may not be able to file my taxes until February or later, as I need to wait until all of the 1099s come in from various banks/investments. The date I might be able to file could be very close to the K1 expiration date (within days)  so I’m not sure this is a palatable option.

 

For the K1 affidavit of support, I wrote a letter explaining this situation and included 6 months of pay stubs. I did not include tax returns. The consulate did not have an issue with this and issued the K1 visa without questions. I’m concerned that because the I-864 is more strict and actually requires tax returns, that this could be a problem. If I attach my tax returns for 2016, 2017, 2018 + pay stubs for 2019 showing sufficient income + a letter explaining the situation, do you think this will be sufficient?

 

Thank you :)
 

[Ayrton 965]

1 hour ago, M&Y_2019 said:

Hello all,

 

I have a confusing problem related to I-864, and I’m hoping some of you might be able to help. 

 

I lived and worked abroad for several of the last few years and I was using the foreign earned income exclusion on my most recent tax filings (part of 2016, all of 2017, and nearly all of 2018).

As such, my AGI on the tax return for 2018 and 2017 is below the requirements because all of the foreign income is excluded via form 2555. 2016 would meet the requirement because I worked in the US for part of the year. With the foreign income included, all years would meet the requirement -  but it seems they only look at AGI. 

 

I moved back to the US at the end of 2018 and have been employed here since, but my 2019 income will not show on a tax return until filing time 2020.
 

My fiancé entered the US a couple weeks ago, and we have until the beginning of February to marry and file AOS. I could choose to wait until I’ve filed a return for 2019, which puts me well ahead of the income requirement, but this will add time to the AOS coming through. Furthermore, I may not be able to file my taxes until February or later, as I need to wait until all of the 1099s come in from various banks/investments. The date I might be able to file could be very close to the K1 expiration date (within days)  so I’m not sure this is a palatable option.

 

For the K1 affidavit of support, I wrote a letter explaining this situation and included 6 months of pay stubs. I did not include tax returns. The consulate did not have an issue with this and issued the K1 visa without questions. I’m concerned that because the I-864 is more strict and actually requires tax returns, that this could be a problem. If I attach my tax returns for 2016, 2017, 2018 + pay stubs for 2019 showing sufficient income + a letter explaining the situation, do you think this will be sufficient?

 

Thank you
 

They use Current Annual Income to say if you are or not above the poverty line (even though they can look at previous tax returns to see if it's stable and determine whether or not they want another sponsor).

 

I suggest reading the instructions for the I-864, it says that you can attach proof of your current income to prove it's 125% or more. So you need paystubs and a letter from your employer stating when you started working and what your salary is (or expected if it's hourly).

 

I wouldn't bother attaching tax return transcripts from 16/17. They are not required and won't help since you already write down on the form. 

 

 

Edited November 29, 2019 by Ayrton

[Joyoussinger 1,410]

I've been in a similar situation, I think. I collect Social Security Retirement Benefits each month in addition to working. Because the SSA income is not taxable, it is not added into my total income on my 1040. The amount is on the form, it just doesn't get added in. I was concerned that the person adjudicating my case would not understand ,or notice, this. It sounds like the same kind of concern you have. With my I-864 I included, in addition to my tax transcripts and pay stubs, a letter from Social Security which states my monthly and annual income from them and bank statements which show the amounts that are deposited monthly. This way, they can see that I do, indeed, have this income.  I also wrote a letter explaining this.  So far, so good. Our application was approved and our interview is coming up on December 20th. We will take with us copies of these documents, as well as the most current statements. If the CO is confused, I will be able to explain and produce the supporting documents. Best of luck to you!

[M&Y_2019 20]

On 11/29/2019 at 12:40 PM, Ayrton said:

They use Current Annual Income to say if you are or not above the poverty line (even though they can look at previous tax returns to see if it's stable and determine whether or not they want another sponsor).

 

I suggest reading the instructions for the I-864, it says that you can attach proof of your current income to prove it's 125% or more. So you need paystubs and a letter from your employer stating when you started working and what your salary is (or expected if it's hourly).

 

I wouldn't bother attaching tax return transcripts from 16/17. They are not required and won't help since you already write down on the form.

 

Thanks! Yup, I'm planning to only include the 2018 return as required. What I'm concerned about is how it looks,  because my "income" on the tax return for 2018 is only around 15k (i.e. below their poverty line) because all the foreign income is excluded via FEIE/IRS form 2555 and due to several months of unemployment before I moved back to the US to start my new job. This is the first/only return they will see, assuming I file the AOS before I can get my 2019 returns. 

 

I will include a letter from my employer and the most recent six months of pay stubs from 2019 with a letter explaining the situation. However, I'm concerned that when they see that 15k income number for the 2018 tax return (followed for 5k for 2017 written on 864 form), it will set off some kind of red flag for them... 

Edited December 2, 2019 by M&Y_2019

[CiaraE 0]

Do you know if the Tokyo embassy allows cosponsors for form I-134? And if so do I the petitioner have to fill out a form I-134 as well as my co sponsor?

[Ayrton 965]

7 hours ago, CiaraE said:

Do you know if the Tokyo embassy allows cosponsors for form I-134? And if so do I the petitioner have to fill out a form I-134 as well as my co sponsor?

This is the forum for AOS. I suggest you asking on the k1 forum or the Japan forum.

[NJShoreMom 42]

On 11/29/2019 at 1:32 PM, Joyoussinger said:

I've been in a similar situation, I think. I collect Social Security Retirement Benefits each month in addition to working. Because the SSA income is not taxable, it is not added into my total income on my 1040. The amount is on the form, it just doesn't get added in. I was concerned that the person adjudicating my case would not understand ,or notice, this. It sounds like the same kind of concern you have. With my I-864 I included, in addition to my tax transcripts and pay stubs, a letter from Social Security which states my monthly and annual income from them and bank statements which show the amounts that are deposited monthly. This way, they can see that I do, indeed, have this income.  I also wrote a letter explaining this.  So far, so good. Our application was approved and our interview is coming up on December 20th. We will take with us copies of these documents, as well as the most current statements. If the CO is confused, I will be able to explain and produce the supporting documents. Best of luck to you!

Wow you are the first person I have found after scouring thru these threads that has a similar situation.  We got an RFIE asking for i-864 amungst other things (it was already included and there was no explanation as to what was wrong either in the letter or speaking to a tier 2 person)  The joint sponsor is on social security retirement benefits and putting the AGI in line 24a in pt 6 does not look good!  In fact I wasnt even sure that I was correctly understanding what this line needed!  We are about to send it back, but nobody has given us a straight up answer as to WHAT to put in that line, and if by putting what "appears" to be insufficient income will hurt us even though actual income meets the poverty guidelines.  You give us hope!

 

PS - shout out to a fellow Jersey person, we are in Manchester, and Mt.Laurel will be our field office too, hopefully sooner then later!

[Joyoussinger 1,410]

36 minutes ago, NJShoreMom said:

Wow you are the first person I have found after scouring thru these threads that has a similar situation.  We got an RFIE asking for i-864 amungst other things (it was already included and there was no explanation as to what was wrong either in the letter or speaking to a tier 2 person)  The joint sponsor is on social security retirement benefits and putting the AGI in line 24a in pt 6 does not look good!  In fact I wasnt even sure that I was correctly understanding what this line needed!  We are about to send it back, but nobody has given us a straight up answer as to WHAT to put in that line, and if by putting what "appears" to be insufficient income will hurt us even though actual income meets the poverty guidelines.  You give us hope!

 

PS - shout out to a fellow Jersey person, we are in Manchester, and Mt.Laurel will be our field office too, hopefully sooner then later!

Hi, other Jersey person! We had a wonderful experience at the Mt. Laurel field office. As my husband and I waited to be called, we watched the adjudicators come out to call other people ahead of us and they all seemed so upbeat and friendly. The woman who called us, Heather, was lovely! The interview was quick, easy, and even fun! I hope you have the same experience. It's easy to get to, as well, and there is a Starbucks within walking distance - in case you get there early like we did. Best of luck to you!

[NJShoreMom 42]

52 minutes ago, Joyoussinger said:

Hi, other Jersey person! We had a wonderful experience at the Mt. Laurel field office. As my husband and I waited to be called, we watched the adjudicators come out to call other people ahead of us and they all seemed so upbeat and friendly. The woman who called us, Heather, was lovely! The interview was quick, easy, and even fun! I hope you have the same experience. It's easy to get to, as well, and there is a Starbucks within walking distance - in case you get there early like we did. Best of luck to you!

Hey back Jersey!

Right now we're so stressed hoping we even get that far!  If you don't mind, can I pm you to discuss the whole i-864, social security and AGI thing?  Thanks! 😂

[Joyoussinger 1,410]

15 hours ago, NJShoreMom said:

Hey back Jersey!

Right now we're so stressed hoping we even get that far!  If you don't mind, can I pm you to discuss the whole i-864, social security and AGI thing?  Thanks! 😂

Sure! I'll help in whatever way I can.