Question on reporting past years' income on the I-864

R

rrskda

New Member
Hi,

I'm currently filling out the paperwork to start the AOS process for my wife and have a question about the i-864.

First a little background. I and my wife lived in China (I'm a USC, she's Malaysian) for the past 10 years before moving back to the US. So, my income for the past several years has all been in China. While I've filed my US income taxes every year, my income has always been exempt as it was under the ~$90k mark, so when I fill out the 1040 my total income (line 22) and adjusted gross income (line 37) are 0 after exempting all my foreign earned income in line 21 and on the 2555-ez form.

My question is, on the i-864 it asks for my income history of the past 3 years as part of the proof that I am financially capable to sponsor my wife. Am I supposed to put 0 in lines 13.A.1 - 13.C.1, or should I put the amounts I earned while living abroad?
 
rrskda said:
Hi,

I'm currently filling out the paperwork to start the AOS process for my wife and have a question about the i-864.

First a little background. I and my wife lived in China (I'm a USC, she's Malaysian) for the past 10 years before moving back to the US. So, my income for the past several years has all been in China. While I've filed my US income taxes every year, my income has always been exempt as it was under the ~$90k mark, so when I fill out the 1040 my total income (line 22) and adjusted gross income (line 37) are 0 after exempting all my foreign earned income in line 21 and on the 2555-ez form.

My question is, on the i-864 it asks for my income history of the past 3 years as part of the proof that I am financially capable to sponsor my wife. Am I supposed to put 0 in lines 13.A.1 - 13.C.1, or should I put the amounts I earned while living abroad?
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Foreign income is included in MAGI - if you weren't exempt, your foreign income from Form 2555 would have been reported on line 21 on Form 1040 (so it would have been the part of AGI as well). I personally think it doesn't matter where the income comes from, but it's up to them to decide that. You should call them and ask - you can prove your income with 2555 form. Unless - they want domestic income only? This is certainly an interesting situation, it would be great to hear from someone who was actually in this situation.
 
Zee Zee said:
Foreign income is included in MAGI - if you weren't exempt, your foreign income from Form 2555 would have been reported on line 21 on Form 1040 (so it would have been the part of AGI as well). I personally think it doesn't matter where the income comes from, but it's up to them to decide that. You should call them and ask - you can prove your income with 2555 form. Unless - they want domestic income only? This is certainly an interesting situation, it would be great to hear from someone who was actually in this situation.
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According to the 2555ez instructions, since I earned less than the maximum foreign earned income exclusion, I deduct my foreign income entered in line 21 by putting it in parentheses, as it should not be counted toward my taxable income in the US. So I effectively have no taxable income in the US, thus my conundrum. I'm continuing to work for the same company, but at a salary level appropriate for the US, so I won't even be close to 125% poverty limit, and even my China salary was above it. Perhaps information on my new income as stated in part 6 no. 5 will supersede my tax record history in determining my financial viability?
 
rrskda said:
Hi,

I'm currently filling out the paperwork to start the AOS process for my wife and have a question about the i-864.

First a little background. I and my wife lived in China (I'm a USC, she's Malaysian) for the past 10 years before moving back to the US. So, my income for the past several years has all been in China. While I've filed my US income taxes every year, my income has always been exempt as it was under the ~$90k mark, so when I fill out the 1040 my total income (line 22) and adjusted gross income (line 37) are 0 after exempting all my foreign earned income in line 21 and on the 2555-ez form.

My question is, on the i-864 it asks for my income history of the past 3 years as part of the proof that I am financially capable to sponsor my wife. Am I supposed to put 0 in lines 13.A.1 - 13.C.1, or should I put the amounts I earned while living abroad?
Click to expand...

If that's what you put for total income on your tax return, then that's what you put on the I-864. It's your current income that matters anyway, not what you had on your tax return.
 
For the I-864 question about tax returns (part 6, Q13), they want you to list your adjusted gross income, not your taxable income.

It doesn't really matter in your case anyway, because foreign employment income cannot be used to meet the requirements of the Affidavit of Support.

And for part 6 Q5, you can't list your current income if it's still from a job in China.
 
Jackolantern said:
For the I-864 question about tax returns (part 6, Q13), they want you to list your adjusted gross income, not your taxable income.

It doesn't really matter in your case anyway, because foreign employment income cannot be used to meet the requirements of the Affidavit of Support.

And for part 6 Q5, you can't list your current income if it's still from a job in China.
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Thanks for clarifying. Will my lack of non-foreign employment income over the past few years hurt my chances of sponsorship? The current job is in the US, so my income for that should count. Should I provide a copy of my contract as evidence?
 
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