BritishGuy36

Before anyone says it, yes I know I've asked this question before (albeit not in as much depth) but I'm really hung up on it so wanted to create a seperate thread to see if anyone else has any ideas.

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Ok here's the situation.

We are filing in London (DCF), wife (USC) and I (UKC) have lived here for the last 8 years. She has caught up with her last 3 year's tax returns (1040) including a Schedule C (self-employment) and form 2555 (foreign-earned income allowance) for each year. My wife hasn’t been earning that much over each of the last 3 years (well under the threshold of $80,000+). Also as all her earnings were in the UK and therefore foreign as far as filing US taxes is concerned. Hence the "total income" figure on each year's 1040 (line 22) is $0.00 as the form 2555 dismisses all of her foreign-earned income as far as liability to tax is concerned (on 1040 line 21).

I should point out that we will meet the financial requirement of the I-864 purely on the value of assets, so her income is not relevant in that respect, I am just interested in filling the form in correctly to avoid any issues in that regard.

My IV interview is in a couple of weeks.

I’m still hung up on the I-864, as respects what to put in items 23, 24 and 25. Anyone got any ideas on this.

First question. Do you think it would be frowned upon/unacceptable/reckless (e.g. likely to result in visa refusal) if I take multiple signed I-864 forms to the embassy, filled in differently, according to the several different ways the form could be interpreted? Then ask the consular officer how it is supposed to be filled in, and magically produce a correctly filled in I-864 from my mountain of paperwork?

If the answer is yes, then on to the second question.

The instructions for the I-864 seem to indicate that income that is going to be used to satisfy the financial requirement of the I-864 (i.e. 3 x 125% of the poverty line figure) must be income that will continue from the same source after the move. Hence, surely this would mean that items 23 and 24 on the I-864 should be filled in as $0.00, as her income will not continue from the same source?

Also, for I-864 item 25, as the "total income" figure of each year's 1040 tax return is $0.00, is this the amount to put here (for each of the last 3 years)? Or are they wanting your actual income figure here, regardless of whether or not this was discounted for tax purposes by the foreign-earned income exclusion (form 2555)?

Does anyone recall what they did here, or have any pointers as to what would be the best course of action?

Thanks

BG36

Noorah101

Put in the correct amount that she earned, even if you're not using it towards the income requirement. It helps for the embassy to see that she CAN and DID earn income, it shows she has the ability to do so, and most likely will do so in the USA as well (although from a different source).

Rene

meauxna

I agree with Rene's idea; many people report this specifically with London.

I also agree with your idea of multiple versions, if you want to do that. I did, and they don't care. They *are* people there, but they are busy. I recommend that you lay back a bit and let them drive the interview. The officer will tell you what they need, but the more you want to discuss and interact with him/her, the more opportunity for problems.
You get about 5-10 minutes of interview time.

BritishGuy36

Ok that's good feedback, thanks. I was just worried about taking into the Embassy three conflicting documents, all signed as "I certify that the above details are correct" etc.

meauxna

I'm sure your details will be correct. The only question is where to write them in/not.
Present the one that makes the best overall picture for you both. The CO knows you're moving.

BritishGuy36

It probably doesn't matter then. We'll have enough in assets to meet the requirement even with $0.00 in all income fields.