I-864 tax return requirements, living outside the US
Jan 16th 2013, 12:52 am
#1
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
I-864 tax return requirements, living outside the US
Hi All,
I just have a quick question concerning the I-864.I am currently at the stage of submitting my I-864 for my wife in the visa process and because my wife and I live outside of the US we have a joint-sponsor who meets all the financial requirements.My question is do I fill out any of the financial parts of my i-864 and send in 3 years tax returns as I have had no earnings in the US for the last 7 years or because of my situation is the joint-sponsor who solely takes care of the financial aspect when filling out their I-864.I figure that due to my foreign earnings having no standing in the visa process that my tax returns would be only used for proof of domicile at interview stage. I am filing from Ireland through the US.
Thanks again for all your help
Adrian
I just have a quick question concerning the I-864.I am currently at the stage of submitting my I-864 for my wife in the visa process and because my wife and I live outside of the US we have a joint-sponsor who meets all the financial requirements.My question is do I fill out any of the financial parts of my i-864 and send in 3 years tax returns as I have had no earnings in the US for the last 7 years or because of my situation is the joint-sponsor who solely takes care of the financial aspect when filling out their I-864.I figure that due to my foreign earnings having no standing in the visa process that my tax returns would be only used for proof of domicile at interview stage. I am filing from Ireland through the US.
Thanks again for all your help
Adrian
Jan 16th 2013, 2:05 am
#2
Member
Joined: Apr 2001
Posts: 14,049
Re: I-864 tax return requirements, living outside the US
Yes.
No.
Your tax returns are used to establish your current ability to support your spouse at the level required by law. Since you have not been living in the USA, your tax returns could hardly be used as proof of the US domicile that you do not appear to have.
Regards, JEff
Jan 16th 2013, 2:25 am
#3
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
Re: I-864 tax return requirements, living outside the US
Yes.
No.
Your tax returns are used to establish your current ability to support your spouse at the level required by law. Since you have not been living in the USA, your tax returns could hardly be used as proof of the US domicile that you do not appear to have.
Regards, JEff
No.
Your tax returns are used to establish your current ability to support your spouse at the level required by law. Since you have not been living in the USA, your tax returns could hardly be used as proof of the US domicile that you do not appear to have.
Regards, JEff
Jan 16th 2013, 2:50 am
#4
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
Re: I-864 tax return requirements, living outside the US
Yes.
No.
Your tax returns are used to establish your current ability to support your spouse at the level required by law. Since you have not been living in the USA, your tax returns could hardly be used as proof of the US domicile that you do not appear to have.
Regards, JEff
No.
Your tax returns are used to establish your current ability to support your spouse at the level required by law. Since you have not been living in the USA, your tax returns could hardly be used as proof of the US domicile that you do not appear to have.
Regards, JEff
If I,m not living or earning in the US how are my Irish tax returns (which have been filed in the US) any way relevant to my ability to support my spouse in the States, this is way I need a joint-sponsor for the financial aspect of the visa because I don,t meet the requirements
Adrian
Jan 16th 2013, 3:07 am
#5
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: I-864 tax return requirements, living outside the US
Hi Jeff
If I,m not living or earning in the US how are my Irish tax returns (which have been filed in the US) any way relevant to my ability to support my spouse in the States, this is way I need a joint-sponsor for the financial aspect of the visa because I don,t meet the requirements
Adrian
If I,m not living or earning in the US how are my Irish tax returns (which have been filed in the US) any way relevant to my ability to support my spouse in the States, this is way I need a joint-sponsor for the financial aspect of the visa because I don,t meet the requirements
Adrian
Rene
Jan 16th 2013, 3:47 am
#6
Member
Joined: Apr 2001
Posts: 14,049
Re: I-864 tax return requirements, living outside the US
How so? The law requires that a US citizen file income tax returns no matter where in the world they live and no matter where in the world their income comes from, as long as their income meets the threshhold amount for filing.
As a US citizen you are required to file US income tax returns whether or not you intend to resume domicile in the USA.
Regards, JEff
As a US citizen you are required to file US income tax returns whether or not you intend to resume domicile in the USA.
Regards, JEff
Jan 16th 2013, 3:50 am
#7
Member
Joined: Apr 2001
Posts: 14,049
Re: I-864 tax return requirements, living outside the US
It's your US income tax returns that demonstrate that you don't meet the requirements, so that a joint sponsor is required.
Regards, JEff
Regards, JEff
If I,m not living or earning in the US how are my Irish tax returns (which have been filed in the US) any way relevant to my ability to support my spouse in the States, this is way I need a joint-sponsor for the financial aspect of the visa because I don,t meet the requirements
Jan 16th 2013, 4:25 am
#8
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
Re: I-864 tax return requirements, living outside the US
How so? The law requires that a US citizen file income tax returns no matter where in the world they live and no matter where in the world their income comes from, as long as their income meets the threshhold amount for filing.
As a US citizen you are required to file US income tax returns whether or not you intend to resume domicile in the USA.
Regards, JEff
As a US citizen you are required to file US income tax returns whether or not you intend to resume domicile in the USA.
Regards, JEff
I,m not arguing the fact that all USC have to file tax returns even when living abroad, I think we,ve gone of the subject here.My question was do I have to include my last 3 tax returns with my i-864 because I live out the US .The reason I ask this because my income now will end when I enter the States thus the use of a joint sponsor.Its just that my last 3 years of tax returns have been sent to the IRS recently and my wife's visa application moved very fast,I was caught on the back foot.So it,s a definite my 3 years taxes have to be sent with the i-864,guess I,ll have to hold out for a bit.
Thanks for your help on this
Adrian
Jan 16th 2013, 4:27 am
#9
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
Re: I-864 tax return requirements, living outside the US
USC's are required to file a US tax return, reporting worldwide income, no matter where they live in the world. If you earned above the threshhold required to file a tax return, then you should have filed US tax returns. The ConOff will most likely want to see these, so get the most current 3 years sorted out and include them with your I-864.
Rene
Rene
Jan 16th 2013, 4:28 am
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: I-864 tax return requirements, living outside the US
Its just that my last 3 years of tax returns have been sent to the IRS recently and my wife's visa application moved very fast,I was caught on the back foot. So it,s a definite my 3 years taxes have to be sent with the i-864,guess I,ll have to hold out for a bit.
Rene
Jan 16th 2013, 4:33 am
#11
Member
Joined: Apr 2001
Posts: 14,049
Re: I-864 tax return requirements, living outside the US
You have to include your latest tax return with your I-864 because it's required by DoS policy. Period. It doesn't make any difference where you live or how much income you do or do not have. (Unless IRS policy does not require that you file an income tax return.) See 9 FAM 40.41 Notes, N5.5 a(1)
You might have to provide 3 years if the consular officer decides that he needs to see them.
After reviewing your I-864 and supporting documents, and the US income tax return(s) is one of the required supporting documents, the consular officer will decide if a joint sponsor is required. (In your case, the consular officer will decide that a joint sponsor is required if your current source(s) of income will not continue after returning to the USA.)
Regards, JEff
You might have to provide 3 years if the consular officer decides that he needs to see them.
After reviewing your I-864 and supporting documents, and the US income tax return(s) is one of the required supporting documents, the consular officer will decide if a joint sponsor is required. (In your case, the consular officer will decide that a joint sponsor is required if your current source(s) of income will not continue after returning to the USA.)
Regards, JEff
Hi Jeff
I,m not arguing the fact that all USC have to file tax returns even when living abroad, I think we,ve gone of the subject here.My question was do I have to include my last 3 tax returns with my i-864 because I live out the US .The reason I ask this because my income now will end when I enter the States thus the use of a joint sponsor.Its just that my last 3 years of tax returns have been sent to the IRS recently and my wife's visa application moved very fast,I was caught on the back foot.So it,s a definite my 3 years taxes have to be sent with the i-864,guess I,ll have to hold out for a bit.
Thanks for your help on this
Adrian
I,m not arguing the fact that all USC have to file tax returns even when living abroad, I think we,ve gone of the subject here.My question was do I have to include my last 3 tax returns with my i-864 because I live out the US .The reason I ask this because my income now will end when I enter the States thus the use of a joint sponsor.Its just that my last 3 years of tax returns have been sent to the IRS recently and my wife's visa application moved very fast,I was caught on the back foot.So it,s a definite my 3 years taxes have to be sent with the i-864,guess I,ll have to hold out for a bit.
Thanks for your help on this
Adrian
Last edited by jeffreyhy; Jan 16th 2013 at 4:39 am.
Jan 16th 2013, 4:53 am
#12
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
Re: I-864 tax return requirements, living outside the US
In my layman's opinion, yes. For one thing, it shows you can sustain an income now (a good indication that you'll sustain income in the future). Another thing, it shows the ConOff that you don't earn enough, or don't have enough in assets, or your income won't continue from the same source inside the USA, and that's why you need a joint sponsor.
No photocopies available? Did you do them yourself? If not, whoever did them for you should have a photocopy of what was sent in.
Rene
No photocopies available? Did you do them yourself? If not, whoever did them for you should have a photocopy of what was sent in.
Rene
Is it possible to send photocopies, that didn,t even cross my mind what with the process being so meticulous
Regards Adrian
Jan 16th 2013, 4:56 am
#13
Shackles
Thread Starter
Joined: Sep 2012
Location: Dublin
Posts: 44
Re: I-864 tax return requirements, living outside the US
You have to include your latest tax return with your I-864 because it's required by DoS policy. Period. It doesn't make any difference where you live or how much income you do or do not have. (Unless IRS policy does not require that you file an income tax return.) See 9 FAM 40.41 Notes, N5.5 a(1)
You might have to provide 3 years if the consular officer decides that he needs to see them.
After reviewing your I-864 and supporting documents, and the US income tax return(s) is one of the required supporting documents, the consular officer will decide if a joint sponsor is required. (In your case, the consular officer will decide that a joint sponsor is required if your current source(s) of income will not continue after returning to the USA.)
Regards, JEff
You might have to provide 3 years if the consular officer decides that he needs to see them.
After reviewing your I-864 and supporting documents, and the US income tax return(s) is one of the required supporting documents, the consular officer will decide if a joint sponsor is required. (In your case, the consular officer will decide that a joint sponsor is required if your current source(s) of income will not continue after returning to the USA.)
Regards, JEff
Jan 16th 2013, 4:59 am
#14
Member
Joined: Apr 2001
Posts: 14,049
Re: I-864 tax return requirements, living outside the US
Yes. The instructions for the I-864 explicitly say so.
Have you read the I-864 instructions? The questions you've asked in this thread are clearly answered in the instructions.
Regards, JEff
Have you read the I-864 instructions? The questions you've asked in this thread are clearly answered in the instructions.
Regards, JEff
