Petitioner Unemployed - Using Retired Parents as Sponsor that haven't filed taxes in years

[Travis J 1]

Dear All, 

I'm curious if anyone has experience themselves or can provide any guidance for my situation. I've searched the web and can't find any answers for this:

 

Background:

 

1) My wife (Taiwanese) of over 10 years and myself (American) live in Taiwan. 

2) I'm unemployed and wife has internet business with annual income beyond poverty level, but she has never filed US taxes since she is a Taiwanese citizen so we can't claim that on form I-864, however her income WILL continue when she moves to the USA since it is online based, but I that still doesn't help show that we can financially support ourselves, so we'll need my parents to sponsor.

3) My parents have a retirement income beyond the poverty level around 70-80k per year, and are willing to be sponsors. However dad's income is not taxable (retired on disability from gov job) and so they haven't filed taxes in years. 

4) My address/residence in the state of WA is with my parents. 

 

Question:

1) What evidence, letters, explanation do you suggest I include in the I-864a that my dad will file to give USCIS enough proof without having any tax returns over 3 years?

2) I believe my dad's retirement income ~70k-80/year should be enough to qualify, but they (mom and dad both retired) file joint taxes, so does that mean I should file two I864a forms, one for mom and one for dad, or file one for my dad and include both of their incomes together since they file jointly?

 

My Initial Answers/Thoughts:

1) I'll include a written explanation for why they don't file taxes (I'll need to chat with their accountant and get the reasoning behind this, she may even be willing to write a letter of explanation)

2) I'll include the last year they did file taxes (maybe 5 or more years ago, I'm not sure at the moment)

3) I'll include a photocopy of the deed to their house (approx value $700k)

4) I'll include a bank statement showing their monthly deposits of their retirement (approx 5~6k per month for dad alone and mom has her own retirement plus social security I could add as well)

 

Thanks so much for any all and advice or experience you could lend me, I'd really like to get this filed within the next few weeks as I'm sure there will be a long waiting period : )

 

 

[Boiler 43,692]

2 and 3 are irrelevant

[Travis J 1]

6 minutes ago, Boiler said:

2 and 3 are irrelevant

Thanks for your thoughts, just to confirm, #2 & 3 from "My Initial Thoughts" are irrelevant? Meaning I don't need to bother attaching that information?

Do you think if I just do #1 & #4 that will be enough for USCIS?

Thanks again Boiler for your time : )

 

[Boiler 43,692]

The logical call would be to head back and get a job

 

Maybe a more obvious joint sponsor as second

 

Parents third

[Travis J 1]

Getting a job shouldn't be a problem for me, but wouldn't I then need to work for a year to show a tax return? I fear that route would slow the process down and I'm in a hurry. I don't have a second, more obvious sponsor, thanks for you thoughts though Boiler : )

 

Does anyone else out there have experience with this particular situation? Any advice is much appreciated : )

[Boiler 43,692]

You need to file taxes anyway

 

Current income, pay slips is what counts

[milimelo 4,243]

So is the case still at USCIS, at NVC, or yet to be filed? In any case, you as the petitioner would be best served by getting back to the US, finding a job and being prepared for AOS stage. 

[Travis J 1]

1 hour ago, milimelo said:

So is the case still at USCIS, at NVC, or yet to be filed? In any case, you as the petitioner would be best served by getting back to the US, finding a job and being prepared for AOS stage. 

Thanks milimelo, I'd rather avoid going back to the USA and being separated from my wife while I get a job and establish pay slips, current income, etc. Do you think this is the only way given my parents, who are willing to be joint sponsors don't have tax returns? If they did would this not be an issue?

 

[Boiler 43,692]

5 minutes ago, Travis J said:

Thanks milimelo, I'd rather avoid going back to the USA and being separated from my wife while I get a job and establish pay slips, current income, etc. Do you think this is the only way given my parents, who are willing to be joint sponsors don't have tax returns? If they did would this not be an issue?

 

It is more of a risk issue and how comfortable you are, there is the domicile aspect as well.

[Family 3,549]

If you have not yet filed w USCIS and can get an offer of employment from a US Company, you can email embassy and ask if they will allow you to DCF / direct consular filing for exceptional circumstances, ex job offer.

 

You can satisfy the Intent to Re-establish domicile by writing a statement , setting up US accounts, maybe a trip to visit parents and new DL, voter registration..etc

 

Take a step back and re read I-864 instructions because you posted ref to “ I-864 A” by parents and that is not correct. They are NOT your “household members “ in the IRS context , even though you will live in the same house.

 

You need to do I-864 as Petitioner /Sponsor ( even though you have no income) .

 

Father does an I-864 as Joint Sponsor ( since his income is sufficient ).,.if you insist on adding mom she would do I-864 A as dad’s household member.

 

***Dad’s non taxable income does qualify, just add explanation on last page of I-864 “ Is not required to file  tax return as per IRS guidelines / no earned income. Evidence of Life time disability award letter, monthly deposits attached.”**

 

If You want to add dad’s house value (  deed and property tax bill ) in his I-864 as assets , I will assume it also has mom’s name so she needs I-864 A …

 

 

 

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

https://uploads.mwp.mprod.getusinfo.com/uploads/sites/68/2022/05/dos-i130may1412.pdf

Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

[SalishSea 16,853]

4 hours ago, Travis J said:

Getting a job shouldn't be a problem for me, but wouldn't I then need to work for a year to show a tax return? I fear that route would slow the process down and I'm in a hurry. I don't have a second, more obvious sponsor, thanks for you thoughts though Boiler : )

 

Does anyone else out there have experience with this particular situation? Any advice is much appreciated : )

Tax returns show past income.  Payslips show current income.

 

"In a hurry" doesn't really work when it comes to US immigration.

[pushbrk 12,228]

2 hours ago, Jorgedig said:

Tax returns show past income.  Payslips show current income.

 

"In a hurry" doesn't really work when it comes to US immigration.

In a hurry or what you prefer or want?  Neither matters to US Immigration related agencies.

 

I don't know the ages of your parents but elderly joint sponsors (70 is not "elderly".) are not really the best choice as they may not be around to fulfill the obligations of the "contract" in the affidavit.

 

If it can be shown you're wife's income will continue once she's in the USA, you don't need any joint sponsor.

 

None of you needs any tax returns.  You show Mom and Dad's current income and that the sources are non-taxable by providing declaration letters from the income sources.  

 

Have you become an A-Student of the whole form and its instructions?  If not, stop everything and become one now.

 

In your situation, you'll provide an I-864 showing no income.  Dad will provide same and Mom will do the I-864a as your father's household member.  You have no income to combine and live in Taiwan.  Your parents are NOT your household members but even if they were, Dad should be joint sponsor not YOUR household member.  DAD simply because he has the higher income.  Otherwise it doesn't matter which of your parents is joint sponsor and which is household member.

[Travis J 1]

4 hours ago, Family said:

If you have not yet filed w USCIS and can get an offer of employment from a US Company, you can email embassy and ask if they will allow you to DCF / direct consular filing for exceptional circumstances, ex job offer.

 

You can satisfy the Intent to Re-establish domicile by writing a statement , setting up US accounts, maybe a trip to visit parents and new DL, voter registration..etc

 

Take a step back and re read I-864 instructions because you posted ref to “ I-864 A” by parents and that is not correct. They are NOT your “household members “ in the IRS context , even though you will live in the same house.

 

You need to do I-864 as Petitioner /Sponsor ( even though you have no income) .

 

Father does an I-864 as Joint Sponsor ( since his income is sufficient ).,.if you insist on adding mom she would do I-864 A as dad’s household member.

 

***Dad’s non taxable income does qualify, just add explanation on last page of I-864 “ Is not required to file  tax return as per IRS guidelines / no earned income. Evidence of Life time disability award letter, monthly deposits attached.”**

 

If You want to add dad’s house value (  deed and property tax bill ) in his I-864 as assets , I will assume it also has mom’s name so she needs I-864 A …

 

 

 

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

https://uploads.mwp.mprod.getusinfo.com/uploads/sites/68/2022/05/dos-i130may1412.pdf

Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives a job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice.

 

Thank you so much, this is super valuable info! My domicile has been maintained at my parents residence the whole time I've been in Taiwan (about 10 years), i have bank accounts, DL, and so that shouldn't be a problem....i hope.  I understand now about the diff between I864 and I864a : ) Thanks again  : )

[Travis J 1]

2 hours ago, pushbrk said:

In a hurry or what you prefer or want?  Neither matters to US Immigration related agencies.

 

I don't know the ages of your parents but elderly joint sponsors (70 is not "elderly".) are not really the best choice as they may not be around to fulfill the obligations of the "contract" in the affidavit.

 

If it can be shown you're wife's income will continue once she's in the USA, you don't need any joint sponsor.

 

None of you needs any tax returns.  You show Mom and Dad's current income and that the sources are non-taxable by providing declaration letters from the income sources.  

 

Have you become an A-Student of the whole form and its instructions?  If not, stop everything and become one now.

 

In your situation, you'll provide an I-864 showing no income.  Dad will provide same and Mom will do the I-864a as your father's household member.  You have no income to combine and live in Taiwan.  Your parents are NOT your household members but even if they were, Dad should be joint sponsor not YOUR household member.  DAD simply because he has the higher income.  Otherwise it doesn't matter which of your parents is joint sponsor and which is household member.

 

Thank you so much, this really helps clarify things. Would you suggest just going ahead and applying without parental sponsor, (they are mid to late 70s) or just add them and it can't hurt? I'm trying to get letter from my wife's online website/platform where she has an account and sells digital goods...the letter hopefully will state that no matter her country of residence it won't affect her ability to sell products on their website. 

[Family 3,549]

To use your wife’s overseas “self-employed “ income would require a great deal more than the letter…and as rigorous as documenting USA self-employment. ..will let @pushbrk walk you through it. 
 

As for parents  ( Joint Sponsor) age ..I have yet to “ see” a consulate denial for such…though it never fails to be repeated on VJ..