imani-amani

Foreign earned income is not tax free. The Foreign earned income exclusion is $91,500. ( Page 19 --->> http://www.irs.gov/pub/irs-pdf/p54.pdf )

In this situation the US citizen spouse may have tax free income, but he still has an income. That is the number that is needed.

If he is a current salaried employee then he would annualize this weekly/monthly amount for an income amount. 2010 won't matter

If the US Citizen spouse is considered self employed and uses the allowable deductions to reduce his taxable income to zero, that is different. 2010 line 22 will matter.

Thanks,

Yes, makes a lot mores sense, but that was my original question. Okay, 2010, USC made below the 90 G tax-free cut, meaning line 22 on the 1040 =0. 2011 is different, and the 3 subsequent years before , 2006,2007,2008,2009 was all by the 90 g cut off, so on all 1040's line 22=0. 2011, USC makes above the 90 g cut, got it, so, when we file our 2011, the income above the 91 g will be taxable. Does that mean we have to wait til we file the 2011 taxes for the USC to be considered financially capable of filing the AOS???

Is he working directly for the US government, or is he employed by a private company that's being paid by the US government? Employees of private companies are not US government employees, even if their company is working on a contract from the US government. For example, a foreign service officer working at the US consulate in Iraq is a US government employee, while someone working for Haliburton on a US government contract is not.

The I-864 instructions say that "total income" is considered if the sponsor filed a 1040 or 1040A, and "adjusted gross income" is considered if the sponsor filed a 1040EZ. This requirement bites a lot of self-employed people, as well, because they have more than adequate gross revenues but their schedule C deductions drastically reduces their total income.

Works directly for the govt. DOD (Department of Defence). Filed 1040. And , yeah, its sucks that the total income is the requirement. Let's see what NVC wiil say because I just mailed them the AOS with the paystubs as they requested. Will keep you posted. Thanks.

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

The lady at NVC was pretty rude and said that even if the state tax is being paid on the tax-exempt income ( My husband state takes out taxes on his income even if he is overseas), its the federal taxes that mattered. I think she really didnt understand the whole conecpt of tax-free income, total income ending up at zero, and all. Because, her point was, if someone had a foreign earned income, they shouldnt even file taxes in the states. So dumb of her!!!

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

I pulled this quote right off the instructions for filing the affidavit of support instructions.

A. You are employed by a certain organization.

Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:

The U.S. government (THATS THE FIRST ON THE LIST).

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

First, it's his total income that counts for the affidavit of support - IRS 1040 form, line 22 - not his adjusted gross income. His total income might be different from his adjusted gross income, but the net effect is the same. Foreign income exclusions are declared on line 21 as a net loss.

His foreign earned income is not considered qualifying income for an affidavit of support because a sponsor is required to be domiciled in the United States. If he qualifies for the foreign income exclusion then he's not domiciled in the United States. He can't ask one US government agency to consider him to be living and working abroad and ask another US government agency to consider him to be living in the US.

Government contractor working overseas = domiciled in the states. If you work for the U.S government overseas, dont matter where U live but you are considered to be domiciled in the United states. Now, foreign-earned income is tax exempt. Dont ask me why, but thats the law. Upto a certain limit of money u earn is tax-exempted. That means, ur total Income is zero, even if u make 150,000$ per annum. Now, back to my question, does that mean since total Income on line 22 of 1040 is zero, The U.S. petitioner cannot file the affidavit of support????

I have basically the same question, although I in the military, I am overseas with income tax exempt. I will be calling the NVC and USCIS to try to find out. I would think that the last 6 months of paystubs that have a YTD (Year to Date) total on them would be plenty sufficient. For my I-134 for example I used my YTD for July, and divided by 7, times 12 for my current Annual income. If I find out more, I will post it here. Or if you find out first, please let me know!!

Fordnut,

I called NVC but they wasnt of much help. They told me to send the affidavit of support with 6 current paystubs and they will have a specialiast review it. Will keep u posted on whatever decision they make.

Hi everyone,

My husband (U.S.) CITZEN petitioned for my son, 9 yr-old. We are now about to submit the affidavit of support. Here is my question. My husband is a government contractor working overseas (Iraq), despite his income being a 6 figure income, his adjusted gross income is ZERO (0). Reason being foreign-earned income is tax-free. So, does that mean despite making a 6 figure salary , he does not meet the requirements (poverty guidelines requirements) because his adjusted gross income ends up at 0. Anyone with any idea please help me solve this mystery. And would submitting the affidavit of support with his current paystubs help in any way???

Recently i had posted my case on here and got some very helpful info.My USC husband filed my petition thru DCF in kuwait since he is working here.We got married in Kenya.Now,the embassy sent us packet 3 and we were waiting for police reports from other countries that i resided in before which would take a minimum of a month.My husband just lost his job and we have to leave the country,to go to kenya,where we got married in.So,what next?????whats the best advise on what to do in this situation as far as following up on the petition or how we will have to do whatever we supposed to do.PPPPLLLLLEEEASSSSEEEEE,ALL IDEAS ARE WELCOME. :crying:

My husband is the USC and he is living overseas,so he petitioned for my visa thru DFC,but unfortunately,my son...his step-child lives in my home country with my parents.So,how do we get started on doing his petition??

this is what i got from the uscis website:

requirements;

form I-130

my USC husband's copy of his birth certificate

my son's birth certificate

our marriage certificate

now,my question is,is this all we have to send on our initial application or do we need to include the child's bio-page of his passport and his passport pics too????? and do we have to send copies or originals on the first application???

ooh,and still on the same topic,i read on this thread about a letter from the other parent to the child,....in my situation,my son's father's name is not included on his birth certificate.....so,do i still need a notarized letter from him when sending my petition about him not having any objection to his son immigrating??????

ooh,and still on the same topic,i read on this thread about a letter from the other parent to the child,....in my situation,my son's father's name is not included on his birth certificate.....so,do i still need a notarized letter from him when sending my petition about him not having any objection to his son immigrating??????

i think since the thread here is all about step-kids,maybe someone here will offer me the info i need.My husband is the USC and he is living overseas,so he petitioned for my visa thru DFC,but unfortunately,my son...his step-child lives in my home country with my parents.So,how do we get started on doing his petition??

this is what i got from the uscis website:

requirements;

form I-130

my USC husband's copy of his birth certificate

my son's birth certificate

our marriage certificate

now,my question is,is this all we have to send on our initial application or do we need to include the child's bio-page of his passport and his passport pics too?????

i need some help on how to go thru the process of getting my son a visa.my husband is the USC living in kuwait.we got married in kenya,where am from and i just moved to kuwait 2 months ago.He filed for IR1 thru DFC,but we couldnt include my son since he is living back in kenya.for DFC,physical presence of beneficiary is a must.my interview is coming up in a few days,i understand the visa is good for 6 months b4 it expires,so is there a way to file a petition for my son,so he can immigrate with me at the same time???my son is 6 yrs old.thanks

thanks a lot for the info.we will mail the embassy and see what they tell us and then from there we will see what to gather for the evidence required.

i have the same problem and would welcome info about the domicile.my spouse is the USC and he has been working as a contractor for the military for 3 years in kuwait and has an APO mailing adress since he works at the base,but of course holds kuwait residence.Now,my first question is?how does he prove his domicile is in the U.S.?2.he has a good job which he intends,we were thinking more of going to the states and staying there for 3 months and coming back to kuwait....how would that work out????

makes sense to me now,thanks a lot for the info

My spouse is the USC and am from kenya,we got married in kenya but we are living in kuwait and we used the DFC,the embassy sent us the instructions package and i got the medicals, and everything else ready and now waiting for my police report from another country i resided before and we are also confused on some issues on the I-864.he has been working here for almost 3 years.he has an APO address,works as a contractor for the military.what does he need to prove his domicile or re-establish his domicile??he has a good job here and we planned on going to the states for a short while,maybe he could leave me there and enroll me in a school while he comes back to continue working here in kuwait.please advise,thanks a lot.

i have a question too in relation to the affidavit of support.My husband is the USC and am the beneficiary.question 21,calculating the household size......

a.persons you are sponsoring in this affidavit.....=1(me)

persons NOT sponsored in this affidavit

b.yourself.............................................................=1(my USC spouse)

c.if you are currently married,enter "1" for your spouse...=1

at the end ,it goes on to say at h,add the lines and enter the number...that makes 3 but technically its just me n him,which is 2.can anyone please clarify this for me PLEEEEASSSSEEEEEE!!thanks.