Hi Everyone,

I am filling out the I-864 in support of my husband's visa application. I have the following questions:

Question 24c: Do I list my UK salary converted into dollars?

Question 25: Do I list total income pre or post foreign earned income exclusion? Ie: my salary or the total income after the exclusion?

Thank you!

I don't have the document in front of me so I'll answer best I can based on what I remember.

I can't remember what question 24c specifically asks for, but you should list all figures in US dollars. However if it is asking for income that will continue after you move, you can't list your UK salary unless you will still be earning it when you go to the US.

25: List your salary pre-exclusion: the whole salary. It's what you earned.

response

Question 24 refers to current total income, which is UK based and will not continue when we move (well, it will, but I don't have my transfer letter yet and I won't have it in time for the interview).

Question 25: I'm concerned bc the gross income on my taxes state the excluded amt rather than my salary information.

We have a joint sponsor, but I want to ensure that I am filling out the forms in the correct. Does anyone have feedback or experience when you are the interview and you have all the documentation but the form is filled out incorrectly?

What does that mean.. you will have ongoing income in the US?

Response

I will have income in the US; I will be transferring within my company, but I do not have any official documentation yet from HR. It's only an informal email and a verbal. We're still hammering out the details.

Go ahead and list your UK income, converted to US dollars. Hopefully you'll have your company transfer letter for your husband to take to his interview, so you won't need the joint sponsor.

Rene

Hi Rene,

He will not be transfering; just me. Shall I list in USD and note as UK employment? Should I follow the same protocol for the following question: total income from 2008 and 2007 total income? it's my salary BEFORE tax exclusion and peanuts POST exclusion. I could list both and annotate as such?

There is no ONE right way to do this in your situation. All I can advise is that you document the situation to the best of your ability, and paints your situation in a true and positive light.

You have been filing your US tax returns, yes? So your historical salary info shuld already be in USD.

I'm unfamiliar (as probably is Rene) with 'excluded'. The figure used in US income terms is your GROSS income, before taxes and other witholdings.


You are swearing this document when you sign it, so your transfer can 'count' even if it is not official.. it is up to the CO to determine what is "OK".

yes - I have filed tax returns

My confusion is around the foreign earned income exclusion; line 22 of the IRS tax return lists my income after the foreign earned income is substracted from all wages, dividends, etc.

I am providing bank statements and investment information for domicile purposes so hopefully that will contribute to making the case as well. We do have a joint sponsor; I just want to fill out the form as close to 'correct' as possible - it is too true that there is no 'right away' to do it!

Thank you for all of your guidance!

So.... go up a line or two to before the FE income deduction?

The reason this may be important is that the CO may not accept a Joint Sponsor if it's clear that your income is sufficient. Which it's sounding as if it is.

Mine was so complex, with funds from different sources, unemployed, job offers etc that I made a covering sheet to send to the interview to explain it all. As it happened, I attended the interview and the CO just asked me about it all.. when she understood, she approved the visa.

That's interesting...I will do the same thing re the coversheet. If my foreign income is not excluded, I do meet the income requirements, but I recall reading on the embassy website that only US funds were eligible to meet the requirement.

True, but your funds WILL be US-based once you're in the USA. Your hope will be that the ConOff, upon seeing your transfer from UK to USA with the same company, that your US gross income (which should be the same as your UK gross income, just converted to USD) will qualify you financially for the I-864.

Rene

I understand; the webchat transcript from April on the london embassy website says that the potential US funds from the transfer will not be applicable without a signed contract. I'm just torn how to fill out the form.

We just completed the process: on my wife's (USC) I-864 we put her current UK income converted to US$ and for the amounts from her last three tax returns the amounts prior to deducting the foreign earning allowance. These were accepted.

In our case it's me (the UKC) who is transferring his job from the UK to the US branch of the same company, which meant my income could be counted for the AoS. So with my wife's I-864 I filed an I-864A stating my current UK income in US$ accompanied by a letter from my company confirming my transfer and stating what my salary in the US will be.

I was approved without any problems and got my visa last month. I asked on this forum about the I-864/I-864A and the advice from Rete was very sensible: document on the forms what the situation is now, not what it will be.

True, but your full salary does show on Line 7 of the 1040 and the included Form 2555 explains why the gross income on Line 22 is so much less. So for the number you put on your I-864, add the excluded income back in and show what Line 22 would have looked like had you not taken the exclusion. Write 'see attachment x' next to that number and explain what you did and why on and attachment to the I-864.

That's what I did.

Regards, JEff