Foreign Earned Income and the I-864

[jasa 0]

So I, the USC, have been living and working overseas for 7 years. Just got married in December 2008 and working on moving residency to the US. We are currently filling out the CR-1.

My husband needs a sponsor. I make enough to qualify as his sponsor, I also qualify for Domicile. The catch is all the money I have made is Foreign Earned Income, so technically it is reversed on my 1040. The I-864 wants my 'Adjusted Gross Income' from my 1040, which doesn't amount to the amount of money I actually make in a year.

Anyone have this problem? Any advice?

[cmdpdiva 0]

Many if not most DCF'ers are in the same situation. Getting a co-sponsor is the easiest way around it.

[Yvie_and_Brett 0]

So I, the USC, have been living and working overseas for 7 years. Just got married in December 2008 and working on moving residency to the US. We are currently filling out the CR-1.

My husband needs a sponsor. I make enough to qualify as his sponsor, I also qualify for Domicile. The catch is all the money I have made is Foreign Earned Income, so technically it is reversed on my 1040. The I-864 wants my 'Adjusted Gross Income' from my 1040, which doesn't amount to the amount of money I actually make in a year.

Anyone have this problem? Any advice?

My husband (the USC) earns in excess of $72k with a US company and is contracted to a US military base in the UK, as such he doesn't need to pay income tax in the US. Despite the assumption that this employment will continue in the US, that his income will remain the same (at almost 4 x the necessary amount to pass the poverty guidelines) and they have no doubts about his domicile as he has continued to file taxes and maintain a US bank account, we were told that he didn't qualify as a sponsor because he had not paid US taxes in the last three years. We were also told that "we make exceptions for military and government workers, but unfortunately not for contractors."

In addition, they're looking for income that will continue in the US and support you and your husband, if you're intending to end your employment prior to immigration (ie, you're not being transferred to a US branch of your company) you won't qualify for that reason either.

I suggest saving yourself the aggravation and lining up a co-sponsor now. We were approved pending additional documentation and have had my Visa delayed by a few weeks as a result. I saw it coming and I kick myself for not preparing a co-sponsor "just in case," so my suggestion to you is to line up a family member now and pull it out if it's needed at interview - that's what I wish I'd done.

Edited July 30, 2009 by Yvie_and_Brett

[Penguin_ie 5,993]

As the others have said, the foreign income only counts if it continues once you are in the USA, and you can proof that (teleworking, freelancing etc). You are probably best off lining up a co-sponsor, unless you have assets you can sponsor through, which is what we did (savings, a home etc).

[pgb47 0]

I have been working in China for five years and now my wife and I want to move to the US. I get Social Security but not enough to meet the 125% requirement. We have some saving but not enough.

I have been looking at the information I find about co-sponsors and I do not like what I find. It is vague and has NO time limit. I can find no limits as to how much this could cost my co-sponsor. There is no way to end or modify the "contract". If some one were to ask me to be a co-sponsor, I would not even consider it.

I do not feel I can in good conscience ask a relative to make such a commitment. So we will try to save money and maybe in about 5 years we will be ready to make the move.

I could go to the US without my wife and find a job, since a job in China will not help. But at 62 years old and 10% unemployment in the US, we should probably just adjust to staying in China.

sad

pgb47

[Yvie_and_Brett 0]

pgb47 - The I-864 is a 10 year agreement/contract with the US Government, it doesn't last forever. Also, it doesn't cost the co-sponsor anything, unless the immigrant ends up a burden on the State and the US Govt comes to the sponsors for reimbursement of any claims or benefits paid to the immigrant.

It IS a huge commitment, but no greater than that of marriage in the first place

My In-Laws are sponsoring me because I married their son and they believe in our marriage.

[txladykat 1]

Actually, that ten year rule is not completely accurate. That "10" year rule comes from the qualifying work quarters (see below). You also can end your obligation if the immigrant becomes a US Citizen.

How Long Does My Obligationas a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can becredited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

[Mand 1]

A completely hypothetical question but, if the US citizen had a job offer letter showing pay above the poverty line would you still need a co-sponsor?

[Yvie_and_Brett 0]

Your obligation to support the immigrant(s) ... will continue until the sponsored immigrant becomes a U.S. citizen

I'd forgotten about that bit, thanks for the reminder. I really want to free his parents from their I-864 obligations as soon as possible.

[Penguin_ie 5,993]

A completely hypothetical question but, if the US citizen had a job offer letter showing pay above the poverty line would you still need a co-sponsor?

They can take that into account, but they don't have to (as the job hasn't started yet and there is no guarantee it ever will/ the USC will actually take the job). If the job offer is from an established firm, especially a large one- say IBM or something- and it's an easy consulate such as Ireland, that would probably be ok. If the job offer is from a family firm of the USC's or you are going through a difficult consulate such as China, probably not enough.

[Mand 1]

Thanks for that

[kaffy 2]

simply put - get a cosponsor

[Yvie_and_Brett 0]

A completely hypothetical question but, if the US citizen had a job offer letter showing pay above the poverty line would you still need a co-sponsor?

They can take that into account, but they don't have to (as the job hasn't started yet and there is no guarantee it ever will/ the USC will actually take the job). If the job offer is from an established firm, especially a large one- say IBM or something- and it's an easy consulate such as Ireland, that would probably be ok. If the job offer is from a family firm of the USC's or you are going through a difficult consulate such as China, probably not enough.

After being approved pending additional documentation at the Embassy last week, I got a blue slip listing all the possible reasons for needing the info and a list of what would be required. This bit didn't apply to us, but I thought the text might be useful. Direct quote:

"A recent job letter (listing job title, current salary and dates of employment) and a copy of a recent payslip. Note: JOB TRANSFERS to the US are acceptable, but JOB OFFERS are insufficient."

Emphasis from the document, not my own. They've actually put it in capitals to avoid confusion.

[pgb47 0]

pgb47 - The I-864 is a 10 year agreement/contract with the US Government, it doesn't last forever. Also, it doesn't cost the co-sponsor anything, unless the immigrant ends up a burden on the State and the US Govt comes to the sponsors for reimbursement of any claims or benefits paid to the immigrant.

It IS a huge commitment, but no greater than that of marriage in the first place

My In-Laws are sponsoring me because I married their son and they believe in our marriage.

[pgb47 0]

pgb47 - The I-864 is a 10 year agreement/contract with the US Government, it doesn't last forever. Also, it doesn't cost the co-sponsor anything, unless the immigrant ends up a burden on the State and the US Govt comes to the sponsors for reimbursement of any claims or benefits paid to the immigrant.

It IS a huge commitment, but no greater than that of marriage in the first place

My In-Laws are sponsoring me because I married their son and they believe in our marriage.

Yes, marriage is a big commitment and I have no problems with the I-864 BUT my hopeful co-sponsor has never met my wife and is a very cautious person. I just want to give her all the facts.