COnfused about foreign earned income and assets on I-864

[B&C2017 123]

Hi guys,

 

I was reading through the instructions, but I haven't found the answer to my questions even after using google.

 

My husband and I currently live aborad and are now at the NVC stage filling out our I-864 (AOS). I know we that we can not include foreign earned income on the I-864, but I'm confused about how to fill out the employment question.

 

What do we put in the section "Part 6, Sponsor's Employment and Income"?

 

- Do we say employed but list my husband's current annual income as 0.- and explain in the additional information section that it's foreign earned income?

- Or do we say unemployed (which would be wrong as he's currently employed - just abroad)?

 

Also:

If I want to include my foreign assets on my I-864, I know that I do not have to fill out a Form I-864A (household member contract) since I'm the intending immigrant. 

If I do want to list these assets on my son's I-864 though, I do have to fill out a form I-864A (household member contract) for his case, since on his AOS, he's the intending immigrant an not I. Correct? 

 

Thank you very much for your help! As always, it's very much appreciated! 

 

[Punisher 40]

11 hours ago, B&C2017 said:

Hi guys,

 

I was reading through the instructions, but I haven't found the answer to my questions even after using google.

 

My husband and I currently live aborad and are now at the NVC stage filling out our I-864 (AOS). I know we that we can not include foreign earned income on the I-864, but I'm confused about how to fill out the employment question.

 

What do we put in the section "Part 6, Sponsor's Employment and Income"?

 

- Do we say employed but list my husband's current annual income as 0.- and explain in the additional information section that it's foreign earned income?

- Or do we say unemployed (which would be wrong as he's currently employed - just abroad)?

 

Also:

If I want to include my foreign assets on my I-864, I know that I do not have to fill out a Form I-864A (household member contract) since I'm the intending immigrant. 

If I do want to list these assets on my son's I-864 though, I do have to fill out a form I-864A (household member contract) for his case, since on his AOS, he's the intending immigrant an not I. Correct? 

 

Thank you very much for your help! As always, it's very much appreciated! 

 

You must put your employment despite it is abroad. Remember, 864 is part of bigger picture (public charge), and being employed, regardless if that income counts towards 864 or not, is very important.

 

Sponsor's foreign income does count towards 864, intending immigrant's does not (unless will continue after move to US). Per 864 instructions:

 

"Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States."

 

normally, sponsor would file US tax returns showing some or most of that income and these returns should be used to prove his/her (foreign) income. Only if you were not required to file IRS return(s) then (after proper explanation) you could  use foreign tax returns. But I guess the bar would be set a bit higher in that case and you may want to check with consular post regarding requirements regarding these returns (certificatied, notarized? etc)

[Punisher 40]

Regarding assets, i'm not sure. If he is your dependent (minor son) then he would be included on 864 sponsoring you and his assets would not count (although you perhaps work around that by transfering them in your name).

 

864a does not apply for that purpose IMO. It is for sponsor's (not yours) houshold relative (if used for that purpose) and in case of household kids they must be adults for their assets to count.
 

If I understand, it is your son (not your husband's), and if he is your dependent then he is listed on 864 where you are principal immigrant. But quite frankly I have never looked into cases when there is more than one person immigrating so I might be totally off on that one.

[B&C2017 123]

13 hours ago, Punisher said:

Regarding assets, i'm not sure. If he is your dependent (minor son) then he would be included on 864 sponsoring you and his assets would not count (although you perhaps work around that by transfering them in your name).

No, the assets are mine. I added myself on my I-864 as my husband's (sponsor's) household member (as we live together abroad and will live together in the US as well). So since on my form I'm the intending immigrant, I do not need to fill out a form I-864A.
 

But I wanted to add my assets on my son's form as well (my husband is the sponsor as well and here I'm also the household member - just not the intending immigrant as it's my son's form. So in his case I think I do have to fill out a I-864A

In general, since he has his own petition and his own NVC Case, I think he needs to have his own I-864 and will not be added on mine. I think he would only be added if he'd be a derivative (on a K1 or for an LPR)

Edited June 16, 2020 by B&C2017

[B&C2017 123]

 

On 6/15/2020 at 12:44 PM, B&C2017 said:

Hi guys,

 

I was reading through the instructions, but I haven't found the answer to my questions even after using google.

 

My husband and I currently live aborad and are now at the NVC stage filling out our I-864 (AOS). I know we that we can not include foreign earned income on the I-864, but I'm confused about how to fill out the employment question.

 

What do we put in the section "Part 6, Sponsor's Employment and Income"?

 

- Do we say employed but list my husband's current annual income as 0.- and explain in the additional information section that it's foreign earned income?

- Or do we say unemployed (which would be wrong as he's currently employed - just abroad)?

 

Also:

If I want to include my foreign assets on my I-864, I know that I do not have to fill out a Form I-864A (household member contract) since I'm the intending immigrant. 

If I do want to list these assets on my son's I-864 though, I do have to fill out a form I-864A (household member contract) for his case, since on his AOS, he's the intending immigrant an not I. Correct? 

 

Thank you very much for your help! As always, it's very much appreciated! 

 

 

@geowrian, would you potentially be able to help me out with my questions? Thank you very much in advance!

[Punisher 40]

1 hour ago, B&C2017 said:

No, the assets are mine. I added myself on my I-864 as my husband's (sponsor's) household member (as we live together abroad and will live together in the US as well). So since on my form I'm the intending immigrant, I do not need to fill out a form I-864A.
 

But I wanted to add my assets on my son's form as well (my husband is the sponsor as well and here I'm also the household member - just not the intending immigrant as it's my son's form. So in his case I think I do have to fill out a I-864A

In general, since he has his own petition and his own NVC Case, I think he needs to have his own I-864 and will not be added on mine. I think he would only be added if he'd be a derivative (on a K1 or for an LPR)

I thought that immigrating with your son both of you would be under the same NVC number that's why I wasn't sure how to answer that better.

 

I looked at 864a and it's instructions. In the case you are describing, YES, you would fill out 864a to go together with your husbands 864 for your son's case.

Edited June 16, 2020 by Punisher

[Punisher 40]

1 hour ago, B&C2017 said:

 

 

@geowrian, would you potentially be able to help me out with my questions? Thank you very much in advance!

I've spent some time last night just to look up the answer (not a guess) to your particular situation.

 

I have already provided you with DETAILED explanation to your questions regarding income situation, including direct quote from the instructions. Everything you need to know is right there in my 1st reply to your thread. What else is it that are you asking for? Which part wasn't clear enough? 

Edited June 16, 2020 by Punisher

[B&C2017 123]

8 minutes ago, Punisher said:

I thought that immigrating with your son both of you would be under the same NVC number that's why I wasn't sure how to answer that better.

 

I looked at 864a and it's instructions. In the case you are describing, YES, you would fill out 864a to go together with your husbands 864 for your son.

Thank you very much! That's how I understood it, but I was unsure as well 😄

[B&C2017 123]

3 minutes ago, Punisher said:

I've spent some time last night just to look up the answer (not a guess) to your particular situation.

 

I have already provided you with DETAILED explanation to your questions regarding income situation, including direct quote from the instructions. Everything you need to know is right there in my 1st reply to your thread. What else is it that are you asking for? 

It was just the "list son as family member 1" thing that confused me and I was asking for another opinion. 

The part with the income makes total sense - never questioned that!

 

I really appreciate you taking the time to research the income situation for me! Thank you very much for that.

Edited June 16, 2020 by B&C2017

[Punisher 40]

10 minutes ago, B&C2017 said:

It was just the "list son as family member 1" thing that confused me and I was asking for another opinion. 

The part with the income makes total sense - never questioned that!

 

I really appreciate you taking the time to research the income situation for me! Thank you very much for that.

no problem. 

 

I thought that with family members immigrating at the same time both of you would be on one visa applications and perhaps even single NVC case, hence my earlier reply. But you have already figured correctly that one out yourself!

 

by the way, you are past i-130 stage, shouldn't you be posting in NVC subforum?

Edited June 16, 2020 by Punisher

[B&C2017 123]

11 minutes ago, Punisher said:

by the way, you are past i-130 stage, shouldn't you be posting in NVC subforum?

You're right, I think I posted it in the wrong forum. I thought the IR1/CR1 Forum is not only for the USCIS stage but for the entire visa process in general. I'm sorry 😞 Maybe someone can move it if necessary.

[Punisher 40]

1 hour ago, B&C2017 said:

You're right, I think I posted it in the wrong forum. I thought the IR1/CR1 Forum is not only for the USCIS stage but for the entire visa process in general. I'm sorry 😞 Maybe someone can move it if necessary.

Posting in the right subsection can potentially yield faster replies. 

[geowrian 22,335]

On 6/15/2020 at 6:44 AM, B&C2017 said:

My husband and I currently live aborad and are now at the NVC stage filling out our I-864 (AOS). I know we that we can not include foreign earned income on the I-864, but I'm confused about how to fill out the employment question.

 

What do we put in the section "Part 6, Sponsor's Employment and Income"?

 

- Do we say employed but list my husband's current annual income as 0.- and explain in the additional information section that it's foreign earned income?

- Or do we say unemployed (which would be wrong as he's currently employed - just abroad)?

Just to clarify....foreign income can be counted. But it must continue from the same source upon returning to the US. If it does not meet that condition, then the income is not counted.

So if that is the case for you and you have no other income sources, your current annual income would be $0.

Yes, list the job as current employment. Your work history is part of the bigger picture. It doesn't qualify for the I-864, but it is considered still.

 

On 6/15/2020 at 6:44 AM, B&C2017 said:

Also:

If I want to include my foreign assets on my I-864, I know that I do not have to fill out a Form I-864A (household member contract) since I'm the intending immigrant. 

If I do want to list these assets on my son's I-864 though, I do have to fill out a form I-864A (household member contract) for his case, since on his AOS, he's the intending immigrant an not I. Correct? 

Correct - no I-864A from the intending immigrant being sponsored.

 

Yes, an I-864A from you would be needed to include your assets on somebody else's I-864. That said, is this a shared account? Or is it property or something that only exists in your name?

Note that assets must be easily convertible to cash within 1 year and without imposing hardship on the sponsor (so something like a primary home or vehicle typically does not qualify).

 

2 hours ago, B&C2017 said:

I thought the IR1/CR1 Forum is not only for the USCIS stage but for the entire visa process in general.

It is, and normally posting it there would be fine IMO.

The I-864 is initially presented at NVC but is really considered (alongside the public charge issue as a whole) at the consulate level. NVC just does an initial review to prepare documents for the consulate. So it's not an NVC-only activity.

 

Although this is not a case filing and progress report, so it's definitely in the wrong subforum. I moved it to the Process & Procedures section.

[B&C2017 123]

2 hours ago, geowrian said:

So if that is the case for you and you have no other income sources, your current annual income would be $0.

Thank you so much for your help, @geowrian!

So just to clarify... Do I actually write $0, or do I write my income and they will just ignore it and looked at it like a $0?

2 hours ago, geowrian said:

That said, is this a shared account? Or is it property or something that only exists in your name?

Note that assets must be easily convertible to cash within 1 year and without imposing hardship on the sponsor (so something like a primary home or vehicle typically does not qualify).

No, it only exists in my name. It’s actually my pension fund (Like a 401k, for retirement), but when one moves to a non EU/EFTA state like the US, you can have the entire amount paid out after you leave the current employer. That qualifies as asset, right? The majority of it was acquired before the marriage anyways.

Edited June 16, 2020 by B&C2017

[pushbrk 12,105]

23 hours ago, Punisher said:

You must put your employment despite it is abroad. Remember, 864 is part of bigger picture (public charge), and being employed, regardless if that income counts towards 864 or not, is very important.

 

Sponsor's foreign income does count towards 864, intending immigrant's does not (unless will continue after move to US). Per 864 instructions:

 

"Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States."

 

normally, sponsor would file US tax returns showing some or most of that income and these returns should be used to prove his/her (foreign) income. Only if you were not required to file IRS return(s) then (after proper explanation) you could  use foreign tax returns. But I guess the bar would be set a bit higher in that case and you may want to check with consular post regarding requirements regarding these returns (certificatied, notarized? etc)

Line in bold above is incorrect.  Neither sponsor or intending immigrant's income count as current income UNLESS they will continue from the same source after arriving in the US.