larymiriam

I-864 questions...

Ive been looking all over the internet but there are so many conflicting answers

Im hoping I can finally get some solid answers

#1- I864 part 4 lines 12 and 13 where it asks for my(the petitioner)mailing address and place of residence do I use my current Australia address and residence or do I use my intended address in the states along with my current residence in Australia?

#2- I864 part 4 line 14... do I use my Australia telephone number or the phone number at the address where we already have a rental agreement to live in the states when we arrive there? BTW I might be getting a cell phone account attached to the US address if it helps.

#3- I864 part 4 line 15... I'll be showing proof that I intend on establishing domicile in the states (US bank account, rental agreement as well as mail to that address in the states, a bill of sale for a car I purchased recently in the states and some other intended domicile proof), so do I say my country of domicile is USA? or Australia where Ive lived and worked the past 4 years?

#4- I864 part 5 line 21a. "persons you are sponsoring" It says to not count anyone twice, ok so I entered "1" (my wife) for line 21a. where it says to enter the amount from line 10.

On line 21c."persons NOT sponsored on the affadavit" where it says "If you are currently married enter "1" for your spouse" Should I leave that blank because I already entered "1" on line 21a.?

Im petitioning for my wife but I cant count her twice so which line should I count her on? 21a or 21c?

#5- I864 part 6 line 22a. ....Do I enter my employers actual name or the name of the company I work for?

#6- I864 part 6 line 23 .... Do I enter my annual income as "zero" because I only earned foreign income and I qualified for the foreign income exclusion and submitted form 2555 to the IRS and will be submitting a copy of it along with the 1040 for the interview? or do I enter my annual Australia gross income converted to US dollars? If so, based on what exchange rate and do I need proof of that rate? I'll also be submitting a copy of the 1040 I filed this year, do I use a total from that form?

Also, is my annual income based on the US tax year or the Australia tax year which is completely different?

And do I need to show a copy of my Australian annual income statement for proof of my wages?

We already have a solid co-sponsor because I wont be employed when we arrive in the states and we dont have assets to qualify so I just was wondering if I would just enter "zero" or if the total would still have to match my foreign income total or some other total from the 1040 or the 2555 tax forms that I filed.

#7- I864 part 6 line 24 ... We wont be using my wifes income because she'll be quitting her job when we leave Australia, but do we still need to enter her name on line 24b.? Because on line 24e. it seems to apply to my wife but it asks for the "person listed above", if we dont enter her name on line 24b she wont be "listed above" ..if that makes any sense lol. And to boot, it says that her income can only be submitted under certain conditions and we already know she qualify for those conditions. ugh

One other thing...They ask for a copy or transcript of my most recent tax return..I wont be able to get a transcript in time so I'll have to go with a copy...what exactly do they want a copy of? The 1040 and the 2555 as it looked before I mailed it to the IRS? I made a copy of each before I mailed them but Im not sure if thats what the consulate wants.

thanks for any help

Yes, you will need a co-sponsor. No, your previous Oz based income will not satisfy proof of support. The only way it will satisfy the I-864 is if it continues after you move back to the States.

The majority of us that file DCF use co-sponsors

Thanks

So then does it matter if I only have a copy, not a trancript of my last US tax return even its based soley on past income in Australia anyway? Should I even bother showing any Australian income on the I-864 if we have a solid co-sponsor?

jeez I think it would be alot simpler if they had a different affadavit of support for DCF filers that simply asked if you had continuing income in the states, yes or no..Or maybe they could just require the I-864 to be filed by the co-sponsor?

Household is explained in the I-864 instructions. It includes anyone you claim in your taxes, whether you've done an I-864 before, any children you have under X age... it's explained in the instructions.

The I-864 requires you to have filed all previous taxes and write that information on the I-864 page that asks for it. You only need to supply a copy of the most recent however.

The tax returns must be a COMPLETE tax return including all w2s, 1099s and schedules. Otherwise an IRS tax transcript is best. You can request a tax transcript be faxed to you. If you have a friend or family member with access to a fax in the US, have it sent to them, and have them scan and email a copy to you. You should get it pretty quick that way. IRS transcripts are always the best option because then you don't risk not including something you should have.

As for co-sponsor or not... it is pretty odd that they require income info when you're moving to the US. Personally I wouldn't use a co-sponsor unless it's needed. You will get an RFE if it's needed and as you have someone lined up getting that done is pretty easy. This way you don't need to include someone unless ABSOLUTELY necessary.

Best of luck

ok...so I only need a copy of my most recent US tax return..gotcha...So I should just make a copy of the 1040 and the 2555ez that I filed this year? I dont have a w-2 because Ive only worked in Australia the past 4 years, should I just make a copy of my Australian year-end income statement? When I file my US tax return from Australia the IRS doesnt require any proof of my income here like a w-2...its sort of an honor system believe it or not lol. Im also exempt from paying any US income tax because Im able to file the 2555ez foreign income exclusion because I never earned more than $91,400 annually here. So Ive never recieved anything from the IRS after I filed the exclusion because I never owed anything nor did I ever get anything back.

Im hoping we wont get an RFE because we need the process with the consulate to go as quickly as possible (we've already purchased our plane tickets to the states)

So maybe we'll just go with a co-sponsor to be safe...still not sure about that. I just wish there was a way to find out if we need a joint sponsor or not.. the consulate here isnt that helpful via email.

thanks for the help

Household is explained in the I-864 instructions. It includes anyone you claim in your taxes, whether you've done an I-864 before, any children you have under X age... it's explained in the instructions.

The I-864 requires you to have filed all previous taxes and write that information on the I-864 page that asks for it. You only need to supply a copy of the most recent however.

The tax returns must be a COMPLETE tax return including all w2s, 1099s and schedules. Otherwise an IRS tax transcript is best. You can request a tax transcript be faxed to you. If you have a friend or family member with access to a fax in the US, have it sent to them, and have them scan and email a copy to you. You should get it pretty quick that way. IRS transcripts are always the best option because then you don't risk not including something you should have.

As for co-sponsor or not... it is pretty odd that they require income info when you're moving to the US. Personally I wouldn't use a co-sponsor unless it's needed. You will get an RFE if it's needed and as you have someone lined up getting that done is pretty easy. This way you don't need to include someone unless ABSOLUTELY necessary.

Best of luck

ok...so I only need a copy of my most recent US tax return..gotcha...So I should just make a copy of the 1040 and the 2555ez that I filed this year? I dont have a w-2 because Ive only worked in Australia the past 4 years, should I just make a copy of my Australian year-end income statement? When I file my US tax return from Australia the IRS doesnt require any proof of my income here like a w-2...its sort of an honor system believe it or not lol. Im also exempt from paying any US income tax because Im able to file the 2555ez foreign income exclusion because I never earned more than $91,400 annually here. So Ive never recieved anything from the IRS after I filed the exclusion because I never owed anything nor did I ever get anything back.

Im hoping we wont get an RFE because we need the process with the consulate to go as quickly as possible (we've already purchased our plane tickets to the states)

So maybe we'll just go with a co-sponsor to be safe...still not sure about that. I just wish there was a way to find out if we need a joint sponsor or not.. the consulate here isnt that helpful via email.

thanks for the help

Im confused about the I-864...Im the petitioner for my Aussie/Kiwi wife, Im a US citizen and Im currently working in Australia. Ive seen several different things about how many previous tax returns I would need, 1, 2, 3? Do I only need to have filed the past 3 returns but only show a copy of the last return I did?

Also, What exactly do they want a copy of? The 1040 that I filled out? Plus Im excluded from owing any taxes anyway because I earned less than 91 thousand dollars per year here in Australia. Can we just show the consulate a copy of the 1040 and the 2555ez. I just filed this years taxes because I just got my end of year wages statement so I wont be able to get a transcript before the interview.

Another confusing part...I have been working in Australia the past 4 years but when my wife and I move to the states we'll both be temporarily unemployed until we find work. So I'm not getting why they need proof of my previous income here in Australia the past 1, 2, or 3 years to satisfy proof of support for the I-864. I obviously will be quitting my job in Australia before we move to America, so how is my past Australian income any proof I can support my wife in America when we move there? This is why we went ahead and got a joint sponsor in America. But do we even need a joint sponsor? Will my previous income here in Oz actually satisfy proof of support for the I-864? So confusing.

Im assuming that most Americans that live in Australia and are petitioning for their Australian spouse will be quitting their Australian jobs and arriving in America unemployed so its confusing how previous Australian income could possibly qualify as proof of future support in America.

Also, On the I-864 where it mentions household, is that referring to our household here in Australia?

thanks for any help

Worldwide income is subject to US tax returns even you are residing outside the US.

Check the IRS publication 54 and file the past returns ASAP because you will need a photocopy of them at the time of your petition or interview.

Hi red...

Does the consulate require more than 1 past tax return?

What form or forms do they need a photocopy of anyway?

Would I owe any taxes even though Ive made less than 40 thousand every year Ive worked in Australia?

The tax year ends in June in Australia (year goes July to June), thats when I get a W-2 sort of thing to file taxes here...would the IRS want a copy of the Australia W-2? Or would the IRS just want me to sort out my wages earned here for the full year 2009 (Jan -Dec)? Australia doesnt give a W-2 for year worked Jan-Dec so Im confused as to what they would want to show my earnings here for 2009.

Hi,

My suggestion would be that you ask this in the regional forum for your area.

Each consulate views domicile/reestablishing domicile differently - what flies at one consulate would be rejected at another

Hey trailmix...thats a great idea...I'll try and navigate my way to the Australia forum...thanks

Where are your bank accounts? Is your NY Drivers license up to date? It might be easier just to demonstrate proof with re: the NY. Then when you enter the US you file a change of address form on Day 1. If I recall correctly, I demonstrated re-establishment of domicile by flashing my drivers license at the interview. I'm not sure we even showed plan tickets, as we weren't sure how long the DCF process would take. But I had lots of mail addressed to me at my US address, which would have helped at the interviewer not been so relaxed.

Perhaps you could change your bank account and credit card account addresses to FL and show them?

Hi T&M....I have a bank account here in Australia and my NY license is still valid. I cant really show proof of actual domicile in NY because I dont have anywhere in NY that we can move into when we go to the states, right now Florida is our only option. If i knew for sure my valid NY license would be enough to show domicile in NY then I would go ahead and do that, but I would think they would want more evidence than just my license. I moved out of the house in NY I was renting 3 years ago when I moved to Australia so I havent had any mail going to my old NY address.

Your idea about changing my bank account address might work...I'll check with my bank here in Aus. to see if they would do that. However, Im thinking they also would want proof of a Florida address, which I dont have...ugh.

Does anyone know of a bank that I can open an account online with that doesnt require proof of an address?

One suggestion- what we did- is that you as the USC travel to the US briefly before or during the visa application to re-establish domicile. While there you can look for a job and home (keep proof), open a joint bank account, get your FL driver's license, maybe buy something (cell phone?) that gives you a bill with a US address etc.

Did you vote in absentia while in Australia? That could help too.

Hi Penguin ....Thanks for the suggestions but we're really only trying to find ways to establish proof of US domicile from here in Australia so that I wouldnt have to actually move back to the states ahead of my wife to establish an actual domicile in the states.

We both need to be able to work in the states together, immediately after we arrive.

We've already decided that if the DCF process doesnt work then we will both just move to Florida and file for her green card there...Ive heard that she might be eligible for a temporary work visa until she gets her green card.

In the meantime, we're scrambling to establish proof of domicile and hoping to get through the DCF process quickly because weve already purchased one way tickets to the states in November

Also, Im a registered voter in New York, not Florida, so Im thinking that might not help establish domicile in Florida either..just my luck

Does anyone know if a co-sponser could help establish domicile for us? We're planning on moving in my sisters house and its her husband that is co-sponsoring the petition with me. Do they take into account the fact that we'll be living in the co-sponsers home until we get jobs and our own place? What if my sister was to write up a lease agreement for us, would that help?

Jeepers there are so many different threads about this

I looked through several of the threads regarding proof of domicile but I didnt see anything similar to my situation..

Im a US citizen that has lived and worked in Australia for about 3 years now. My last residence, or domicile, was in New York state, in 2006. West Palm Beach Florida is where I intend on re-establishing domicile. If we're able to get her a green card, my kiwi/Australian wife and I are planning on moving in with my sister and her family in West Palm Florida until we can find work and a place of our own in the area.

Im unable to use my drivers license as proof of establishing domicle in Florida because I have a New York license.

Im unable to use my car registration as proof of establishing domicile in Florida because I left my car with my sister in Florida before I moved to Australia, but I had to put it in her name because of registration issues. So my car is no longer registered to me with NY plates on it, the car now is registered and insured to my sister with Florida plates on it. Im unable to register my car in Florida because they require me to have a Florida drivers license.

Im unable to use my bank account as proof of establishing domicle in Florida because I closed my US bank account after about year in Australia. Recently I tried re-opening it online but the bank requires me to open the account at the branch closest to my address...they take my address from my NY State drivers license. They dont require that I physically open the account at the branch(I can open it online) but any bank statements will be sent to me from the branch closest to my address..my NY address.

I can get a letter from my sister stating that my wife and I will be staying with her but I know I need more than that to prove that my wife and I will be establishing domicile in Florida.

Anyone have any ideas?

US citizen filing DCF Sydney for wife.

Im a US citizen that has been living and working in Australia for the past 3 years...Ive done tax returns here in Australia but I havent done any US tax returns since Ive been here. Im going with a co-sponsor for the petition for my wife here so do I still need to show a US tax return? If so, how would I do that? And for what months/year(s) would I need a US tax return? (the Australian tax year goes from July to June so its confusing).

Also, If the consulate does need my tax return, what exactly are they asking for? A copy of the tax form I would complete? Would I need to file the tax form then wait for the IRS to send me something to show the consulate here?

Thanks

Good News!!

I recieived my passport in the mail this past friday

They also sent me an email stating that they had made a mistake in keeping my passport when I filed the petition.

Still havent recieved packet 3 as of yet though. We're supposed to get an email first about the name check Adam Walsh thing and we havent gotten that either...Its only been about 10 days since I petitioned though....Maybe we're being a little impatient?

Thanks for your input people

Hi people

Ok...So I filed the I-130 petition for my wife yesterday at the American consulate in Sydney (6-3-10)

Im just wondering if anyone knows how long the consulate will have my US passport? I really should have asked before I left the consulate, but I was too busy trying to hear the clerk through the glass window telling me what I needed to do next.

Anyway, so they kept my passport and now I need to know when I get it back.

Does anyone have a clue? should they have even kept my passport?

(Ive already emailed them but all they sent back was an auto response basically telling me to take a hike)

this is the response they sent me:

Thank you for your e-mail to the U.S. Consulate General in Sydney. THIS

IS AN AUTO RESPONSE - DO NOT REPLY.

Please note: Due to the extremely high volume of emails we receive, we

are unable to respond to inquiries where the information requested is

already clearly provided on our website. Please refer to the website

links below for more information.

Hi everyone!!

I'm a US citizen living temporarily in Australia with my kiwi wife (an Australian permanent resident). I'm travelling back to the states alone for a few weeks visit, then I'll be coming back to Australia with my American nephew. My nephew will be staying with me and my wife for about 2 months in Australia. My nephew is 17 years old. Does anyone know if his parents need to file a consent form or any other form for Australia? for the airline we'll be taking? or for US immigration? He'll be travelling back to the states alone, but by then he'll be 18 so theres no worries there. Also, we plan on taking a short trip to New Zealand while he's staying with my wife and myself. He'll be under 18 for that trip as well. Just wondering if anyone had any ideas about what, if any, forms of consent his parents would need to file for any of this. thanx

hello does anyone know what tax form I have to file from overseas as a USC? Im doing DCF for my wife in Sydney and they need my tax return from this year but I dont know which form to file. I didnt work in the states at all last year, but I did work in Australia for part of 2007 so they want me to show them a tax return. I am not exempt from filing because I made too much but I also was wondering if I'm exempt for any other reason. Anyone know about this tax stuff? (IRS website is very confusing)

Hi, I'm a USC petitioning for my wife for a cr-1 visa at the US consulate in Sydey Australia. I'm having trouble establishing domicle in the states because Ive lived and worked here in Australia for the past 13 months. Before I came to Australia 13 months ago, I resigned from my job in New York and moved to my sisters home in Florida. But I only stayed in Florida for a week before I left for Australia. When I was in florida for that week I opened a bank accont there locally, but the account has since been closed for about 7 months now. That was not a concern for us as we had established an account here in Australia the first month I arrived.

We plan to move to Florida and find work there immediately. My sister in florida has offered to let us stay with her indefinitely when we arrive in the states and her husband has offered to be a joint sponsor financially for the petition.

The consulates info on the matter is very confusing, on one hand they need me to prove that I am living here in Australia for the past six months before I can petition for my wife, but they also state that a USC living abroad cannot be a sponsor They say I must prove that I have maintained domicile in the states, which I sort of have done at my sisters home in Florida, but I dont know how to prove that. Also I have been in Aus. with a temporary(5 year) visa, is the fact that I have a temporary visa here prove I only intend on being here temporarily?

Does anyone know how I should go about all this domicile stuff? Please help, thanx

Thanx for clearing that up for us

Im confused about filling out form g325A.... Does anyone know if, as the USC petitioner, I should fill out the form and all 4 copies? Does my wife also have to fill out a seperate form g325A and all 4 copies? Does each signed page need to be notarized?

Hi, I'm a USC just starting DCF CR-1/IR-1 in Australia for my wife who is a New Zealand Citizen.. I have been in Australia with my wife since February of 2007 but did not start working until September of 07 (Visa took a while)and I am still employed at the same place now....I was not employed in the states for any part of 2007. I have a few questions... Do I have to file a tax return with the IRS for the time I was employed in Australia last year? Do I have to pay taxes in both countries for the same income? Since I wont be filing the I-134 until after April 15, will I need a tax return for income from last year? How many past tax returns will I be needing? If I file the I-130 petition before April 15 will I not be required to show a tax return for income from 2007? Also, I had closed my bank account in the states about 8 months ago, will that be a problem for us? We've had a bank account here in Australia for a year though and we have a joint sponsor in the states that will be able to satisfy the financial obligations, will that be enough?

thanks

Im a USC residing w/ my Australian wife in Sydney for 13 months now. At the US immigration website it states that DCF petitioners in Australia must show proof of residence in Australia for 6 months and a valid visa for 6 months. But it also states that temporary residents such as students or tourists need not to show any proof of 6 months valid residence. Im in Australia on a 5 year temporary visa, does that qualify me as temporary? Or does temporary only mean tourists and students?

Also, I was notified by Australia immigration 7 months ago that my 5 year visa was granted and in the email it stated that i should go to get my passport stamped "as soon as possible", how long does that mean? Because I have yet to have my visa stamped since i was notified that the visa was granted. I was also given the visa number in the same correspondence so I assumed that would be enough since they did not state that having my passport stamped was mandatory and/or must be done by a specific date.

If anyone knows anything about this, please help, thanks

Hi,

Does anyone know the age requirements for the vaccinations?My fiance is 28 years old.

Also, she lives in Australia, so she's going to have her vaccinations done in advance there before her medical exam in NZ, does anyone know how much they will all cost?

And will they be valid in NZ ? (We're getting married, doing the medical exam and DCF all in NZ)

thanks

I spoke with Auckland consulate and they told me this:

"the visa will be issued in the name on the passport shown at the medical exam"

and that if she was to get a new passport after the medical, then she would have to bring the new and old passports to the final interview, as well as bring them both to the US P.O.E.

They didnt say anything about a stamp on the passport, but I corresponded with them before I saw the post by Ashleigh-Au. I'll ask them about that next time.

So based on this, for my fiance to have her new married name on all of her documentation (green card, CR-1 visa, Passport, Social Security etc...), she wont be able to have the medical all done before I go to NZ, rather, we will have to be married first, then change her passport name, THEN do the medical, then the final interview. This means we'll have to stay in NZ an extra 6-10 days waiting for the medical results. But thats ok, my boss at work will let me tack on another 10 days to the NZ trip...he's sooooo into this. NOT!

If she decides to wait until she is in the US to change her name on everything, I got this response from Auckland (and only regarding one of the many different legal documents she'll have to change):

"If the applicant wishes to change the name on his/her green card (I-551), she would have to file a separate request form, but that takes 6-18 months to finalize, and it would probably be best then, to wait until you jointly file the I-751 form to remove the conditional status at the end of her initial two years conditional residence".

which, she failed to mention, also takes months and months to finalize. UGH!

So if anyone out there wants their married name on all documentation, I suggest they just change their passport name BEFORE the medical examination!!!

Ok , we're about to start the DCF process with the Auckland consulate, but we're not sure how much this is all going to cost us...can someone give us a complete rundown of all costs we should be expecting from start to finish?(filing fees, police reports in Aus.& NZ, medical etc...).

thanx

thanks...was able to contact via email

got a response within hours!

We're trying to figure out a way for my fiance to get her NZ passport changed to her married name after we're married in NZ...the response from the consulate in Auckland said that if we were to change the name on the passport from her maiden to her married name after the medical examination, that she would need to carry BOTH passports with her into the US once she received the visa. From what I gather, in NZ however, she will have to surrender her original passport when applying for the new one with the married name on it. Does anyone know how this works?

What we would like is to have her married name on all of her documentation (NZ passport, Cr-1 visa, green card, social security card, employment authorization etc...) anyone know how to go about this?

Also,is there any express NZ passport service that anyone has heard of?

And does anyone know how long we should expect to get the medical results in NZ?

You can also click on your name and then on 'profile options' and 'find members posts' to see your posts. Just in case you get lost again.

thanks....i think i've got the hang of it now