Help with I-864 please

[trailmix 77]

Anyhoo,

So it is now time for us to file the affidavit of support. I have a few questions I hope someone will help me out with.

1. I ordered my tax transcripts for the last 3 years from the IRS 3 weeks ago - no sign of them yet however I did 'confirm' they were sent - called them the other day. Anyway, has anyone just sent in a copy of their 2006 return in lieu of the transcript? I have no W2's etc to send and I have no U.S. income - so the income figure on the return is zero (will use assets).

2. Question 15. Country of Domicile - For those of you who are both living in another country did you enter '<country name>' or the 'U.S.' for Country of Domicile.

3. What did you send along to prove U.S. domicile? "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status".

I asked a Canadian on here the other day, who has just been approved what they used for evidence. They just had the U.S. citizen attach a letter saying that they would be crossing the border at the same time.

Anyway just wondering what experience the rest of you have had?

Thanks!

[YuAndDan 153]

1, I called IRS and ordered the transcripts over the phone, they arrived a few days later.

1a Assets are only valued at 1/3rd of income, so if relying on them by them selves 125% povertyline is 17,112, so spendable assets need to be at least 51,336.

2, USA MUST be country of domicile to even fill out I-864, if not you will have a problem.

3, If you have a valid US driver's license, and are receiving mail at a parent's home, then you may be able to claim your parent's home.

A good read about Domicile and IRS return requirements.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Mononoke28 134]

It took almost a month for the IRS to send me my transcripts so I had to send my tax returns with the W-2's. But you will get them eventually.

[saradanielle 2]

I am currently living in Brazil with my husband, and I am dealing with the same issues... I don´t honestly have concrete answers, but am exploring these issues as well.

As far as proving income and intent to return to the US, I am planning on getting a letter from my former employer stating that I intend to return to work there once I return to the US with my husband.

Good luck, and update us with any info you find out. I will do the same.

[Chica Yeyé 41]

I am currently living in Brazil with my husband, and I am dealing with the same issues... I don´t honestly have concrete answers, but am exploring these issues as well.

As far as proving income and intent to return to the US, I am planning on getting a letter from my former employer stating that I intend to return to work there once I return to the US with my husband.

Good luck, and update us with any info you find out. I will do the same.

Same here. We are both living in Canada since Bren is a grad student, but always with the intention of returning... as soon as we get the visa!!! We're just waiting for that, really.

[elmcitymaven 9,711]

London is well-known for being lenient to those DCF folk re-establishing domicile. I presented a package that included proof of a US bank account, a letter from the Social Security Administration addressed to me at my parents' house, a letter from my boss in the UK saying that I had tendered an informal resignation dependent on the visa being approved, and emails from a prospective employer who is headhunting me. It wasn't very difficult at all, although I realise those at other embassies might not have such an easy ride.

[Chica Yeyé 41]

London is well-known for being lenient to those DCF folk re-establishing domicile. I presented a package that included proof of a US bank account, a letter from the Social Security Administration addressed to me at my parents' house, a letter from my boss in the UK saying that I had tendered an informal resignation dependent on the visa being approved, and emails from a prospective employer who is headhunting me. It wasn't very difficult at all, although I realise those at other embassies might not have such an easy ride.

Oh yes, we're also adding to the file the letter the IRS sent to my in laws address in Mercer Island acknowledging receipt of Bren's tax returns.

[umngmc 0]

London is well-known for being lenient to those DCF folk re-establishing domicile. I presented a package that included proof of a US bank account, a letter from the Social Security Administration addressed to me at my parents' house, a letter from my boss in the UK saying that I had tendered an informal resignation dependent on the visa being approved, and emails from a prospective employer who is headhunting me. It wasn't very difficult at all, although I realise those at other embassies might not have such an easy ride.

Oh yes, we're also adding to the file the letter the IRS sent to my in laws address in Mercer Island acknowledging receipt of Bren's tax returns.

Hi Trailmix (and other VJers)

This whole question of I-864 and domicile seems to be a popular topic!! I've ranted in the past how ridiculous this whole issue for those of us who file DCF.

If neither of you have US cased income, I would still fill out your foreign-based income converted to USD in the section asking your current income. I'm assuming your current income (converted to USD) exceeds the poverty guidelines. I'm also assuming you still filed USA tax returns with the IRS while living abroad. Because you live abroad, you probably didn't have to pay much or any USA taxes due to tax credits.

No-one will look at your application closely prior to your interview. You just don't want to raise an eyebrow during the initial screening. You don't want to enter $0 for your current income. You should also properly fill out the assets portion and supply proof, I think they ask for 6 months worth of statements. If you don't have USA based income, they will ask you more specifically at the interview. That's what we did, and we got approved no problem.

To prove domicile, a US driver's license helps ALOT!! Other things to bring (if available), proof of selling your current home, purchase of a new home in the States, job offer letter, voting record, IRS tax returns. The only thing we had from the above list was USA tax returns. My wife still maintained USA bank accounts and investment accounts, so we brought proof of those. We also supplied emails from real estate agents and headhunters to show that we were moving back. DCF in Canada is pretty lenient with the domicile issue. Note: we had my in-law's address in the States for "our" mailing address.

PS. Always state your country of domicile as the USA. You were just living abroad to meet your wife, or to gain work experience, or to go to school, etc etc. Find an excuse, any excuse.

Good luck,

Matt

[kins 0]

Anyhoo,

So it is now time for us to file the affidavit of support. I have a few questions I hope someone will help me out with.

1. I ordered my tax transcripts for the last 3 years from the IRS 3 weeks ago - no sign of them yet however I did 'confirm' they were sent - called them the other day. Anyway, has anyone just sent in a copy of their 2006 return in lieu of the transcript? I have no W2's etc to send and I have no U.S. income - so the income figure on the return is zero (will use assets).

2. Question 15. Country of Domicile - For those of you who are both living in another country did you enter '<country name>' or the 'U.S.' for Country of Domicile.

3. What did you send along to prove U.S. domicile? "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status".

We submitted our 2006 tax return (1040) rather than a transcript. I had the 2005 and 2004 tax returns handy just in case too. We had no W2s and we also had no US income - all our income was foreign earned. We put zero in as our US income.

We had no problems.

[trailmix 77]

I called the IRS back last week and had them fax me the last 3 years transcripts - the hard copy apparently mailed over 4 weeks ago has never arrived.

For question 15 on the I-864 I am putting U.S. for domicile, including a letter stating I have a U.S. bank account, the address where we are going to live in the U.S. and a note stating that we will enter the U.S. at the same time.

[lostinfrance 0]

1a Assets are only valued at 1/3rd of income, so if relying on them by them selves 125% povertyline is 17,112, so spendable assets need to be at least 51,336.

I am totally NOT getting this poverty guideline thing if what you've written is true! Please help! How does 125% = 51, 336?

Thank you.

[MargotDarko 0]

I am totally NOT getting this poverty guideline thing if what you've written is true! Please help! How does 125% = 51, 336?

Thank you.

For a household of 2, an income of $17,112 is needed. If there is no income, assets totalling $51,336 USD are accepted instead.

[Mila 0]

Hey guys!

My husband has a big doubt about the affidavit, I was wondering if you have inputs....

According to his last taxes he's made $32,000

BUT

He hasn't worked this year because he's here in Brazil. He plans on getting a job in the states in September, when he's going back.

So, under the question of Annual Income what do we put?

We're planning on getting his mom as joint-sponsor, just in case... but still, what should we put there?

I appreciate any comments!

Thank you!!!!

[MargotDarko 0]

Hey guys!

My husband has a big doubt about the affidavit, I was wondering if you have inputs....

According to his last taxes he's made $32,000

BUT

He hasn't worked this year because he's here in Brazil. He plans on getting a job in the states in September, when he's going back.

So, under the question of Annual Income what do we put?

We're planning on getting his mom as joint-sponsor, just in case... but still, what should we put there?

I appreciate any comments!

Thank you!!!!

If he is currently unemployed, his annual income is $0. You will definitely need a joint sponsor.

[Mila 0]

Hey everyone!

Silly doubt about the I-864... my husband and I are wondering if any of the signatures on it has to be certified!

We were going through the instructions last night and checking what it is that his mom needs to gather - she will be our joint-sponsor... and all of a sudden we found a paragraph there stating something about "the Affidavit of Support certified signatures"... now we have this doubt!

Anyone remember having to certify their signatures before sending the form to their spouses so she/he could take it to the embassy in Rio de Janeiro?

Also, does any of the document copies that goes along with Form I-864 have to be cetified? It all seems to be simple copies, but just in case, it won't kill me to ask, right? Hehehehe!

I appreciate, you guys' been real good for us!!

Mila