biggish data

Does foreign income count on the I-864 count?

Perhaps our own circumstances might help answer this question.

I am the USC and lived in the US while we were working toward her CR-1. In our case, I lived near the US-Canadian border. My employer is Canadian, however, my permanent residence was just across the border on the US side. I am a cross-border commuter. We file our IRS return each from the US, declaring Canadian-sourced income. We were concerned about whether I would be able to file as the sponsor on my spouse's I-864 in this case. We were completely open and indicated this on our I-864. In the end, the answer was Yes. They approved our I-864 with me as the sponsor.

Let me also point out that when you earn foreign earned income, you place these amounts on the same line was "Wages, Tax, Tips" that you do for any W-2, 1099 or other income.

The only difference is that there usually is not a W-2 to go along with it. At least, this is our case. You still include the foreign earned income amount there on that same line.

I won't go much into the tax aspects of this as I don't want to go off topic. But let me briefly state that you are allowed to get credit for foreign taxes paid in any one of three ways:
1) The well-known Foreign Earned Income exclusion (subject to a physical presence or substantial presence test, where you are living outside the US... wasn't an option for us as I lived in the US during the I-130/DS-260 processing)

2) Foreign Tax Credit (Form 1116....does NOT require you to live outside the US. You can reside in the US, earn foreign earned income and file the return within the US- this what we use)

3) Straight deduction. (If you own a home in the US, you are probably already itemizing your deduction. In this case, you can just toss any foreign taxes paid in with the itemized deductions)

The point of noting those three options above are to show that it is possible to live in the US, earn foreign income and still file as the I-864 sponsor.

The most important thing to keep in mind is that you need to have filed your IRS return from the US and not your foreign address. This is just one indication that you maintain your permanent residence in the US.

It perfectly legitimate to commute to locations outside the US from your US residence for the purposes of work and still file yourself as the sponsor for the I-864. I am not aware of any time requirements to be physically present in the US by USCIS or any other government agency involved in this process. Is anyone aware of this, otherwise?

As someone has already mentioned in this thread, you could and definately should file an amended return with your foreign sourced income as you are legally required to do so for all income worldwide, including that earned outside the US. You could probably file an amended return if there are any previously undeclared foreign earned income amounts from prior returns. You could also file those amended returns from your US address, indicating you are maintaning a permanent US residence, then submit these copies of your amended return for the I-864. For one of our tax years, this is what I did. Foreign Tax Credit, instead of the Foreign Earned Income exclusion, may make more sense since you are filing from the US. When you file the amended return, it is *possible* that taking credit for your foreign taxes paid will zero out anything due to the IRS and would incur no penalties or interest for any previously undeclared foreign income. BUT BUT BUT this is critically dependent on your own circumstances and of your amended return.

The only time we have had a problem with claiming the Foreign Tax Credit is when we had both US *and* foreign sourced income. If you study the Form 1116 used to claim it, there is a formula where you calculate what proportion of your total income is foreign earned. If you don't earn 100% of your income outside the US, then you are limited as how much Foreign Tax Credit you can claim. In other words, it is possible that the Foreign Tax Credit you end up with is less than the foreign tax you paid and you end up owning the IRS for part of your foreign income. This happened to us in the year my spouse landed and became a LPR.

Hope this helps.

Edited by BBCC, 14 July 2014 - 12:27 AM.

BBCC

Male

Taiwan

2014-07-14 00:20:00

USC petitioner living abroad

You wouldn't have requested expedited processing. There appears to be a trend at USCIS to quickly process petitions (without any request made) filed by US Citizens who live abroad and DCF is unavailable in the country the petitioner lives in. Your case (5 days from NOA1 to NOA2) is another example of this trend.

We were stunned at five days. We barely had sent off our I-129F/K-3 petition when the NOA2 arrived.

We had previously filed a I-129F/K-1 petition some months previous before finally deciding to get married outside the US and I had wondered if the administrative work at USCIS had somehow assisted the I-130 petition work.

BBCC

Male

Taiwan

2012-03-18 15:26:00

USC petitioner living abroad

1. Country USC resides in: Canada
2. Is there a USCIS field office in this country / Is DCF still possible? No
3. When did you file the I-130: September 2011
4. How long had you been living abroad: 1 year
5. Do you reside in the country legally? Yes
6. What is the reason for your residence: Work permit
7. Did you list your foreign address on all forms in I-130 package? Yes, but used my US residence address on the visa application DS-260/I-864 (I own also home in US)
8. Did you send I-130 package from abroad? Yes
9. Did you include evidence of your residence abroad in the I-130 package? Yes. Joint apartment lease in Canada
10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? No
11. Has your case been "auto-expedited"? How long between NOA1 and NOA2?
We did not know exedited processing was available so we did not request it. Our I-130 petition was approved in 5 days (NOA1 to NOA2).
Using VJ information, we had all of our documents scanned and ready to be emailed the moment requested. We typically submitted our documents within two hours of an email request for them.
We also had previously submitted a I-129F/K-3 petition prior to our wedding and then switched to the I-130 petition immediately after our wedding outside the US.
One other thing...a five week delay due to an RFE just prior to the scheduling did not seem to slow processing down once we submitted documents requested in the RFE.

Edited by BBCC, 18 March 2012 - 11:48 AM.

BBCC

Male

Taiwan

2012-03-18 11:40:00

I-797C

An unfortunate international incident occurred when, after sending our I-129F to the TSC, received a I-797C as they would not accept our US$340 Money Order drafted by our local but foreign post office. We just re-submitted everything with a US-issued Money Order for fees.

For the purposes of updating our timeline on this forum, do we count the reception of the I-797C as the NOA1 date?
Is there anywhere on the timeline for a I-797C to be indicated?

Thanks!

BBCC

Male

Taiwan

2011-07-19 13:58:00

Evidence for interview?

My apologies. I just noticed this was a K-1 post. We were a different visa class.

Perhaps someone who did processed a K-1 can recall their Canadian experience?

again, I am sorry.

BBCC

Male

Taiwan

2012-03-18 11:31:00

Evidence for interview?

You're in luck. If you're doing your interview in Montreal like we did, you'll probably find the document requirements for interview for to be minimal. They never asked for any relationship evidence of it in our interview. They weren't interested in our email correspondance, photos or our joint apartment lease. I think this becomes important in other countries that are not visa waiver countries with a higher volume of applications that are potentially fraudulent. In Montreal, they asked for none of this even though my alien spouse was not Canadian and only temporarily residing there.

Perhaps our posted February interview report for Montreal will be helpful.

The one thing we forgot to bring is a paper copy of the interview application. We completed the DS-260 electronic visa application. I think the DS-230 is the paper form people fill out in places that don't accept the DS-260. Montreal is unique in that, although you have submitted the DS-260, they actually ask to see a completed DS-230 form in the interview. We didn't have it but when we told the interviewer this, they didn't require us to obtain it and submit it to them later. But having a copy of it may help your interview complete more smoothly.

One other important thing for your interview....if you are not Canadian, you will need to produce a canadian visa or residence permit that demonstrates to the Montreal consulate that you have a right to remain in Canada for at least six months. This was an issue for us as our Canadian permits had less than six months left. We had to renew our Canadian permits and then email them to Montreal consulate before they would actually schedule the interview. This caused us a five week delay.

Good luck!

Edited by BBCC, 18 March 2012 - 11:18 AM.

BBCC

Male

Taiwan

2012-03-18 11:15:00

Middle name box in I-129f form

We left middle name blank on our I-129F and USCIS never complained after we submitted it.

BBCC

Male

Taiwan

2012-03-19 19:42:00

Why does USCIS mail take longer than regular mail

It might also matter where the letter is going. We live north of Seattle and have been astonished at how quickly correspondence has travelled between here and the Laguna Nigel CA processing center (near LA) for our I-751, in both directions.

Edited by BBCC, 24 June 2014 - 04:05 PM.

BBCC

Male

Taiwan

2014-06-24 16:05:00

Fiancee lost her passport, sometime between the medical and interview of Tomorrow

Really glad to hear it was found. Best of luck with the interview. It will go great.

Almost done!

BBCC

Male

Taiwan

2014-07-14 18:00:00

K1 VSC - USCIS Site - Case not found yet

Hey we are in the same boat. Nothing has changed online for our visa either. I agree any kind of acknowledgement would be nice!!
Good luck!!

MattandRose

Not Telling

Canada

2013-03-20 22:50:00

Do i have to wait for NOA2 to get the police report?

Hey I paid $78 today to get my fingerprints electronically sent to the RMCP in order to get my police report. It will take 7-10 business days to receive it. Otherwise you can send your fingerprints on paper, from your local police station, to the RMCP which will take 18 weeks to process OMG!! as to why I paid extra to get it soon. The report is valid for a year. Now I just have to get my NZ police report. Hope this info helps!!

MattandRose

Not Telling

Canada

2013-03-20 23:07:00

Do i have to wait for NOA2 to get the police report?

Ive been in Canada for nearly 4 years do I need to get one from New Zealand? I am a Canadian Citizen

MattandRose

Not Telling

Canada

2013-03-19 20:21:00

Do i have to wait for NOA2 to get the police report?

Thanks for your help!

MattandRose

Not Telling

Canada

2013-03-19 11:50:00

Do i have to wait for NOA2 to get the police report?

Hey i was just wondering if while I am waiting for the NOA2 if i can get a police report ready? Do I just ask for one at my local police station? Also i was born in New Zealand but i have Canadian citizenship do i need a police report from NZ as well? Any info appreciated!! Thanks

MattandRose

Not Telling

Canada

2013-03-19 00:31:00

Forgot EXACT start/end month of previous jobs

Hey I used Google maps to remember where I lived. You can use streetview and actually go up roads to see what house u used to live at, then look at the house number on the street, house or letter box.

MattandRose

Not Telling

Canada

2013-04-01 21:46:00

DS-260?

The optin email is sent as soon as you have your case number.

If you're going through Montreal, you don't do the DS-230, you have to do the online version which is called the DS-260. The DS-230 and DS-260 are the exact same forms, just one is done online while the other isn't. Once your IV appears as PAID, you're then able to complete the DS-260 online and once finished, submit it. You then email (if you optin for EP) the supporting documents (passports pics, certificates, copy of passport, etc).

Thanks! So we can just skip the 230 entirely.

Squirrels

Male

Canada

2011-03-25 19:48:00

DS-260?

I haven't reached NVC yet, so I have a few questions on this DS-260 business and hope you can answer. With this DS-261 (CoA form), you fill it out online and submit it, correct? There's now no need to opt in for EP and attach a DS-3032?

If that's correct, would this be the track to get through NVC?:

1-NVC receives case
2-Call up and give email addresses, ask for IIN and beneficiary ID
3-Submit DS-261
4-Pay AoS bill when it appears
5-When shown as PAID, submit the I-864 package as a PDF to NVCelectronic email
6-Pay IV bill when it appears
7-When shown as PAID, submit the DS-260 online form and submit the DS-230 docs as a PDF to NVCelectronic email
8-Wait for case complete

Am I understanding that correctly?

Thanks Saylin for posting the steps for getting through the Montreal process. I just wanted to make sure that this list is still complete and accurate.

If you're "oppting in" for EP at which step is that email sent?
Does the DS-230 still need to be submitted via email? The only way that makes sense to me is that Montreal wants the 260 and the NVC wants the 230, am I making the right assumption?

As a little helper I've included the "short cut" for getting through the phone system at the NVC. Saves me a few minutes each time.

NVC Phone Number: (603) 334-0700

For Operator Operator
Press 1 for english
Press 5 for operator

For Case Status / Check for NVC Case Number
Press 1 for english
Press 1 for immigration information
Press 1 for receipt number
Press 1 for EAC, Press 2 for LIN, Press 3 for SRC, or Press 4 for WAC
Press 1 to confirm
Enter case number followed by #
Press 1 to confirm

Squirrels

Male

Canada

2011-03-25 18:37:00

Loomis timeline?

Getting our passport back from Montreal last February with our new CR-1 was a real ####### shoot for us. We got lucky and they actually mailed the passport out *same day* we had the interview and flew home, then we received it in Canada the very next morning after we had arrived home. Funny process. They could have easily processed it and had us pick it up there at the consulate before we flew home. But that's the largest visa bureaucracy in the world for you.

But it seems like they process the visas in Montreal in batches. They pile up on someone's desk until they decide to put the fingernail polish down or come back from corporate training or a holiday and then just run them all through in one day. During the week we received ours, a list of people on this forum all received their passports on the same day in Canada. Some had been waiting a few days. Some a few weeks. One a month.

Hope that helps.

BBCC

Male

Taiwan

2012-07-19 10:14:00

CR1-Montreal Courier Service

DHL Canada was bought by and is now Loomis. Same company, different name.

After your interview and they tell you "congratulations, you're getting your visa", they will give you a few pages of instructions. In those instructions is an email address you send a request to for home delivery of the package. You give them your address and credit card.

We planned to do this but they handed our pack to Loomis before we had a chance to sit down and send the email

Fast folks, they can be sometimes.

BBCC

Male

Taiwan

2012-07-20 10:23:00

When You Eat Your Smarties

Recently, my first small box of smarties had no green ones. What a jip.

Surely the green ones hold the same magical powers as those OTHER green kind I won't mention?

Edited by BBCC, 12 January 2012 - 01:05 AM.

BBCC

Male

Taiwan

2012-01-12 01:05:00

The IRS/CRA Income Tax Thread

For 2011,
We were married in Sept 2011,

For me, the US Citizen (USC):
I resided/worked in Canada in 2011,
Pass the Physical Presence Test
Do NOT pass the Tax Home Test (my tax home remained in US for other reasons),
receiving US-sourced income
so I cannot use Form 2555 to exclude foreign income.

For her:
Wife is non-resident Alien for 2011,
Electing to be treated as US resident for 2011,
Resided outside US for all of 2011,
Had Canadian income in 2011 as a temporary resident of Canada,
Has now landed in US with her CR-1 in Feb 2012.
Received her SSN at the end of Feb 2012 so will use it to file 1040, Married, Filing Jointly,

1. With regard to her foreign earned & sourced income, there is obviously no W2 for her foreign income. So is any other IRS-documentation required to IRS with regard to establishing the amount of foreign income being declared declaration?

2. Do we just add her foreign earned income declared on T4 (minus 2011 refunds) to Line 7 (Wages, Salaries, Tips...) of 2011 Form 1040 even though there is no W2, 1099 or other IRS report to IRS-document it?

3. Finally, since we didn't itemize our deductions, we just claim the Foreign Tax Credit on Form 1116?

4. In IRS publication 519 and in the instructions for Form 1116, it states a non-resident alien cannot claim the Foreign Tax Credit unless their wages are "effectively connected with a trade or business in the United States." Does this apply to our married situation and cannot claim foreign tax credit based on foreign sourced income?

5. Can she use Form 2555 to exclude her Canadian income on our join return even though I cannot?

Thanks!

Edited by BBCC, 04 March 2012 - 11:20 PM.

BBCC

Male

Taiwan

2012-03-04 23:19:00