Confused about I-864.... do I need it?

[ellio344]

Hi there.

Okay, so I am from the US and my husband is a foreigner. We have been married for just under two years and he is currently in the US legally on a student visa. We are preparing his green card documents now and will doing the one-step process (as in filing the I-130 and I-485 at the same time).

I think we have everything prepared, but I was a little bit confused about the I-864. Most places made it seem like it was definitely required while others made me think that maybe it wasn't. I've read all the government websites and everything but just for some extra confirmation.... in which cases is it not actually required?

Also, if we do have to file it, I'm not quite sure how we can do so with our income. I spent the last year working in South Korea (and thus paid Korean taxes) and now together the two of us are running an online business (that involves us paying taxes in Brazil, my husband's home country, and not the US). I know the I-864 requests W-2s, proof of income, etc.... but in the case of both of our current and past jobs, we don't really have anything like that. Any ideas about how to deal with foreign/freelance/self-employed income for this form? Or, in this case, would it be worth just getting a family member who lives and works in the US to be our joint sponsor (as her taxes and income and things will be very clear-cut)?

Thanks in advance!

[rayb]

Ellio,

You can do either or both. U.S. citizens abroad are required to file U.S. income tax returns, and you can obtain credit for income taxes paid in Korea.

If your subsequent U.S. income tax return doesn't show enough income, get a co-sponsor.

But you must provide sponsorship documents with your I-485 submittal.

--Ray B

Hi there.

Okay, so I am from the US and my husband is a foreigner. We have been married for just under two years and he is currently in the US legally on a student visa. We are preparing his green card documents now and will doing the one-step process (as in filing the I-130 and I-485 at the same time).

I think we have everything prepared, but I was a little bit confused about the I-864. Most places made it seem like it was definitely required while others made me think that maybe it wasn't. I've read all the government websites and everything but just for some extra confirmation.... in which cases is it not actually required?

Also, if we do have to file it, I'm not quite sure how we can do so with our income. I spent the last year working in South Korea (and thus paid Korean taxes) and now together the two of us are running an online business (that involves us paying taxes in Brazil, my husband's home country, and not the US). I know the I-864 requests W-2s, proof of income, etc.... but in the case of both of our current and past jobs, we don't really have anything like that. Any ideas about how to deal with foreign/freelance/self-employed income for this form? Or, in this case, would it be worth just getting a family member who lives and works in the US to be our joint sponsor (as her taxes and income and things will be very clear-cut)?

Thanks in advance!

[ellio344]

Hi Ray B,

Thanks for the response!

Just curious, what is the difference between a joint sponsor and a co-sponsor? Also, if I were to opt for the joint/co-sponsor route, do I still need to show verification of my income? Honestly, my tax/income documents are kind of a mess (I've lived in several different countries over the past 3 years with, well, semi-irregular jobs) and if I could instead just use the joint sponsor to verify everything that would be much easier.

[rayb]

If your proof of income and employment are cloudy and not accurately reflected on an income tax return, you must still submit your I-864 packet, but a co-sponsor submitting his I-864 at the same time is okay.

--Ray B

Hi Ray B,

Thanks for the response!

Just curious, what is the difference between a joint sponsor and a co-sponsor? Also, if I were to opt for the joint/co-sponsor route, do I still need to show verification of my income? Honestly, my tax/income documents are kind of a mess (I've lived in several different countries over the past 3 years with, well, semi-irregular jobs) and if I could instead just use the joint sponsor to verify everything that would be much easier.