Question about Affidavit of Support (I-864)

[mommymeow 0]

Hello All

Regarding to the information about Affidavit of Support.

Since my husband has moved and lived in Thailand from Aug 2006-Sep 2007, which means that he didn't earn any income at all in the US during that time. So he only filed for tax of year 2006 for half year. Now he is back to the US and possible get job within this month. I would like to know that what should I do about this problem? I actually don't really understand much about the system and what they require to file together with Affidavit of Support (I-864). What about cosponsor? Who should file together with him as a cosponsor? Could be any member of his family? But they don't live together. Can anyone please explain this to me. I would be very appreciate.

Thanks and Best Regards

[MargotDarko 0]

If he gets a good job before filing the I-864, it will probably all be fine. To be safe, you can have a joint sponsor as well who would also fill out a I-1864. A joint sponsor can be any USC who is domiciled in the US and willing to fill out the I-864. They do not have to live together or be family. The joint sponsor needs to meet the requirement on their own for their household number plus you - they cannot combine income and assets with the main sponsor unless they live together.

EDIT - Just to note, if he made any money in Thailand in 2006, that should have been reported on his 2006 return. And if he's made any money in Thailand this year, that should be reported next year when he does his 2007 return. Foreign income is not taxed the same way as US income, but it does all have to be reported when above the reporting threshold.

Edited October 8, 2007 by MargotDarko

[mommymeow 0]

If he gets a good job before filing the I-864, it will probably all be fine. To be safe, you can have a joint sponsor as well who would also fill out a I-1864. A joint sponsor can be any USC who is domiciled in the US and willing to fill out the I-864. They do not have to live together or be family. The joint sponsor needs to meet the requirement on their own for their household number plus you - they cannot combine income and assets with the main sponsor unless they live together.

EDIT - Just to note, if he made any money in Thailand in 2006, that should have been reported on his 2006 return. And if he's made any money in Thailand this year, that should be reported next year when he does his 2007 return. Foreign income is not taxed the same way as US income, but it does all have to be reported when above the reporting threshold.

Just one question. Does he need to show anything when he file for tax report next year? Any documents that he has to show? If he didn't file any tax in Thailand.

[YuAndDan 153]

If he gets a good job before filing the I-864, it will probably all be fine. To be safe, you can have a joint sponsor as well who would also fill out a I-1864. A joint sponsor can be any USC who is domiciled in the US and willing to fill out the I-864. They do not have to live together or be family. The joint sponsor needs to meet the requirement on their own for their household number plus you - they cannot combine income and assets with the main sponsor unless they live together.

EDIT - Just to note, if he made any money in Thailand in 2006, that should have been reported on his 2006 return. And if he's made any money in Thailand this year, that should be reported next year when he does his 2007 return. Foreign income is not taxed the same way as US income, but it does all have to be reported when above the reporting threshold.

Just one question. Does he need to show anything when he file for tax report next year? Any documents that he has to show? If he didn't file any tax in Thailand.

US citizens are required by law to file returns every year, even if foreign income is not taxable. He can file late returns without penalty.

[MargotDarko 0]

If he gets a good job before filing the I-864, it will probably all be fine. To be safe, you can have a joint sponsor as well who would also fill out a I-1864. A joint sponsor can be any USC who is domiciled in the US and willing to fill out the I-864. They do not have to live together or be family. The joint sponsor needs to meet the requirement on their own for their household number plus you - they cannot combine income and assets with the main sponsor unless they live together.

EDIT - Just to note, if he made any money in Thailand in 2006, that should have been reported on his 2006 return. And if he's made any money in Thailand this year, that should be reported next year when he does his 2007 return. Foreign income is not taxed the same way as US income, but it does all have to be reported when above the reporting threshold.

Just one question. Does he need to show anything when he file for tax report next year? Any documents that he has to show? If he didn't file any tax in Thailand.

It's a good idea to keep records of money earnt in Thailand, but he won't be required to submit proof of his foreign income when filing. I earned money in the UK in 2006, and I simply wrote down the amount I earned converted to USD and that was fine.

[mommymeow 0]

Thank you for all the good informations.

[Nutty 2]

Hello All

Regarding to the information about Affidavit of Support.

Since my husband has moved and lived in Thailand from Aug 2006-Sep 2007, which means that he didn't earn any income at all in the US during that time. So he only filed for tax of year 2006 for half year. Now he is back to the US and possible get job within this month. I would like to know that what should I do about this problem? I actually don't really understand much about the system and what they require to file together with Affidavit of Support (I-864). What about cosponsor? Who should file together with him as a cosponsor? Could be any member of his family? But they don't live together. Can anyone please explain this to me. I would be very appreciate.

Thanks and Best Regards

I had the same problem. Did not file for 2005. But did file for 2006 with zero (0) income because both of those years I was unemployed and outside the US.

There is a form on the IRS website you can download and send to the IRS requesting transcripts. Print and fill out one form for each year. So one year - one form - two years - two forms.

The IRS will send a document saying they have no record of your husband filing taxes for 2006.

Write a letter stating:

From August 2006 to September 2007, I was outside the USA and unemployed during this time. This is the reason my income for 2006 is (give amount). Attach the letter to the IRS transcripts.

This is what I did to explain my low income for 2004 and no income for 2005 and 2006. I had to write an explaination for all three years.

However, it is VERY IMPORTANT that the petitioner is employed when they file the petition and that they are making AT LEAST the minimum required amount to be a sponsor of the petition.

Edited October 8, 2007 by Nutty

[mommymeow 0]

Thank you for all the informations!!

Regards

[Thai family 0]

Hello All

Regarding to the information about Affidavit of Support.

Since my husband has moved and lived in Thailand from Aug 2006-Sep 2007, which means that he didn't earn any income at all in the US during that time. So he only filed for tax of year 2006 for half year. Now he is back to the US and possible get job within this month. I would like to know that what should I do about this problem? I actually don't really understand much about the system and what they require to file together with Affidavit of Support (I-864). What about cosponsor? Who should file together with him as a cosponsor? Could be any member of his family? But they don't live together. Can anyone please explain this to me. I would be very appreciate.

Thanks and Best Regards

I had the same problem. Did not file for 2005. But did file for 2006 with zero (0) income because both of those years I was unemployed and outside the US.

There is a form on the IRS website you can download and send to the IRS requesting transcripts. Print and fill out one form for each year. So one year - one form - two years - two forms.

The IRS will send a document saying they have no record of your husband filing taxes for 2006.

Write a letter stating:

From August 2006 to September 2007, I was outside the USA and unemployed during this time. This is the reason my income for 2006 is (give amount). Attach the letter to the IRS transcripts.

This is what I did to explain my low income for 2004 and no income for 2005 and 2006. I had to write an explaination for all three years.

However, it is VERY IMPORTANT that the petitioner is employed when they file the petition and that they are making AT LEAST the minimum required amount to be a sponsor of the petition.

I just ran across this post. Should the petitioner file even if they were not required to file by the IRS? I'm thinking he should perhaps send something in for 2006 and 2007 just for the record. My son's income was all from his GI bill/Marine Corps College Fund from and therefore non-taxable. He did file for 2005 since he worked in the States for a few months. He was in Thailand on a student visa and was not allowed to work there. He does have good income this year since returning to the US. In lieu of filing with the IRS, would a letter of explanation and proof of the source of his income be adequate?