Adam C
Dec 27, 2022
Help! I-864, Part 6 Tax Return Info and Foreign Earned Income
Does anyone have experience reporting the taxes from the last year and past three years if you were working abroad. I've been working and living in S Korea for 12 years.
I filed US taxes the last three years to report on my I-864. I filed the Form 2555 Foreign Earned Income 2019 and 2020.
The thing is, I tried to file form 2555 on my 2021 taxes (with TaxAct) but they never appeared on the final document. I think it's complicated because it was the first year I had stocks and maybe reporting those messed something up. Anyway, because of this it shows that my income was only what I made from stocks (which isn't like a yearly salary or close to it).
My wife and I were thinking about going to a lawyer here in S Korea but I'm not sure how much they'll be able to help with the tax questions.
Or just report what taxes I filed with tax transcripts from 2019-2021, include my pay records from the year 2021 (and maybe even from 2022) from my previous employer and attach a letter with the I-864 explaining the situation about year 2021. ***Is this a possible option?***
I'm moving back to the USA next month with a new job in the US with a salary that's above the threshold to sponsor her (will have letter to prove future income from new employer in the US). And I have a good chunk of money in my savings and should help prove I can support her.
Should I just include my tax transcripts from the past 3 years and fill in Part 6 24a,b,c just the way it is and attach a letter and pay records? Or does this sound like a lawyer is necessary?
Please help if you can.
TLDR: My filed taxes the last few years specifically last year had issues claiming foreign earned income while working abroad. Will attaching a letter with my pay records from last tax year be sufficient when submitting the I-864?
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Vika TDec 27, 2022
I am not sure if it’s helpful at all, but my husband (US citizen) and I lived in Russia for 6 years before moving back to the US in 2021. He didn’t have any US income during these years, however he did file his taxes (zero US income + foreign income below the required minimum annual income for 2 people). We applied in Dec 2021 with whatever financial docs my husband had + his father’s income papers as our co-sponsor. Apparently that satisfied USCIS as his petition was approved a couple weeks ago, and USCIS asked me to send them my medical (which seems like an indication there will be no interview). Good luck!
texas plsDec 27, 2022
I think you are fine with all explanation you have provided. if you explain same to them in a cover letter with supporting documents you will be fine. in 2022 tax year, try to make your regularize your taxes.
Adam CDec 28, 2022
Thanks for the comments from both you you. It helps hearing feedback and experience. I don't think we will have a co-sponsor.
@Vika T when you say whatever financial docs your husband had, do you mean like pay records from the foreign employer?
@texas pls I'm hoping this is the solution because it seems the easiest. Did you have a similar experience?
texas plsDec 28, 2022
my lawyer requested those if I didn't meet the requirements, but we did. like I said you only need to correct it when you get here, but all that you have explained is enough. you don't need any sponsor
Vika TDec 28, 2022
@Adam there were his tax filings for 2019 & 2020 (zero US income + amount of foreign income received during those years, only a rough estimate, we didn’t provide any foreign employment letters, pay records or any other confirmation whatsoever along with those estimates) + tax filings of his father for 2019 & 2020, as well as W2 for 2021.
Vika TDec 28, 2022
@Adam I would recommend to consult with a tax advisor and see if you can refile your taxes for 2021 since you noticed that the crucial information (foreign income) is missing. That would provide you with clean tax records for previous years. I would also add employment letter from your new US employer that will serve both as a proof of your intent to reside in the US, as well as your expected income = means to sponsor your spouse when in the US
Adam CDec 29, 2022
@Vika T Actually I called the tax website I used last night and they found it for me. Thankfully it seems I don't need to refile or anything.
I am a little confused about I-864 Part 6 questions 24a,b, and c though. The boxes for the amount made during the previous tax years. Maybe you might know? Did your husband write in "zero" in those boxes since he didn't make any US income? Or did he write in his foreign earned incone for those previous 3 years?
texas plsDec 29, 2022
just get a lawyer to prepare your paper work and pay for just the preparation and continue with your process by yourself.
