I am a U.S. Citizen. I filed a petition for my alien spouse, form I-130 and now I need to fill out a form I-864, Affidavit of Support and I'm wondering how the USCIS calculates adjusted gross income for this form. My income from the past three years was as follows:
2009-2010 - 40k (but the income was from China and I excluded the first 90k from income using the foreign earned income exclusion so my adjusted gross income shows "$0" on my tax return)
2011 -- 50k gross, 30k net USA income from operation of business -- but I had a large deduction from 2007 that carried forward as a net operating loss to make my adjusted gross income "$0" for this year as well.
How do I explain to the USCIS that, even though my adjusted gross income shows "$0" for all three years, I actually made money?
It would be in your best interest to hire an immigration attorney to prepare your Affidavit of Support, advise you of what financial evidence is required and to epresent you before USCIS. Do not rely on USCIS adjudicators to be able to read and interpret your tax return and other financial evidence.
If USCIS is not satisfied with your documents, it will send you a Request for Evidence (RFE), which can significantly delay your case. Failure to respond appropriately to an RFE will cause your case to be denied. Do yourself a favor and select one of the fine immigration attorneys on Avvo to assist you!
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