K1 visa: Affidavit of support: immigrants' own income?

[Eggs 0]

I have received the P3 package from my consulate and am now working on getting all the documents for the Affidavit of Support.

For the first interview they need an I-134 form. But after the marriage, for the change of status, they will need an I-864, which is basically the same form, only with more evidence and details.

The thing is, on the I-864 form, I see this:

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

No, I am currently self-employed and I plan to continue this in the US. I have several clients that already confirmed that they want to continue working with me when I have moved to the US. So basically I will be getting income that continues from the same source after immigration. However, this is not an employee relationship, since I am self-employed.

Does anyone have experience with this? Can I use the income I will generate from my current clients? I am sure they will have no problem signing letters of intent, but is that enough?

[Bikerdude 0]

the I-134 needs to be completed by your fiancee,she (?) needs to prove that she can support you once you moved to the USA.You can't base your future income just on promises from clients to keep working with you.You are also not allowed to work here until you get employment authorization.Does your fiancee have a job or assets that will meet the requirements set by the USCIS?

[Nik+Heather 121]

Self-employment is frequently seen as a bit of a grey area. Someone once asked the consulate a similar question about being self employed, or working remotely for the same company in the US, and the response was "basically, you cannot work in the US without EAD"

Keep in mind that income need not only be employment based. Some people get income from investments or other more passive sources. Also remember that people are adjusting status from all kinds of backgrounds, some of them allow them to work in the US where this can be relevant, and that's why it's on the I-864.

Edited March 22, 2010 by Nik+Heather

[Gary and Alla 3,694]

I have received the P3 package from my consulate and am now working on getting all the documents for the Affidavit of Support.

For the first interview they need an I-134 form. But after the marriage, for the change of status, they will need an I-864, which is basically the same form, only with more evidence and details.

The thing is, on the I-864 form, I see this:

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

No, I am currently self-employed and I plan to continue this in the US. I have several clients that already confirmed that they want to continue working with me when I have moved to the US. So basically I will be getting income that continues from the same source after immigration. However, this is not an employee relationship, since I am self-employed.

Does anyone have experience with this? Can I use the income I will generate from my current clients? I am sure they will have no problem signing letters of intent, but is that enough?

You are generally not allowed to work and therefore have no income to claim on an I-864. The reason the I-864 is needed to to show support so you CAN get an authorization to work. If that doesn't seem to make sense, you are exactly correct. Bear in mind the I-864 is used for other visas and adjustments also. The K-1 does not allow work before the EAD or Green Card. There are some technicalities to this, for instance if you would continue to be EMPLOYED by a foreign company, paid by a foreign company to a foreign bank, then yes, that is legal. But you say you are "self employed" and therefore you are not allowed to be "self employed" until you have a green card or EAD and that is AFTER the I-864 is filed.

If working right away is a consideration, the K-1 is a poor choice in visas.

[Gary and Alla 3,694]

Self-employment is frequently seen as a bit of a grey area. Someone once asked the consulate a similar question about being self employed, or working remotely for the same company in the US, and the response was "basically, you cannot work in the US without EAD"

Keep in mind that income need not only be employment based. Some people get income from investments or other more passive sources. Also remember that people are adjusting status from all kinds of backgrounds, some of them allow them to work in the US where this can be relevant, and that's why it's on the I-864.

Self employment is not a gray area. It is not allowed without an EAD or Green card for a K-1 visa holder. Period. Nothing gray about it. Is that to say no one ever got away with it? NO. I am SURE many people have gotten away with it, though it would be fairly dumb to claim it on an I-864, yes?

[Gary and Alla 3,694]

I have received the P3 package from my consulate and am now working on getting all the documents for the Affidavit of Support.

For the first interview they need an I-134 form. But after the marriage, for the change of status, they will need an I-864, which is basically the same form, only with more evidence and details.

The thing is, on the I-864 form, I see this:

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

No, I am currently self-employed and I plan to continue this in the US. I have several clients that already confirmed that they want to continue working with me when I have moved to the US. So basically I will be getting income that continues from the same source after immigration. However, this is not an employee relationship, since I am self-employed.

Does anyone have experience with this? Can I use the income I will generate from my current clients? I am sure they will have no problem signing letters of intent, but is that enough?

Letters of intent do not count, per se. If you have them and wish to attach them to the I-864 or to the application...why not? USCIS is a little more consistent in applying the requirments than the consulates are, but it is still a judgement call. If your fiancee is "borderline" a joint sponsor would be better "back up" than intent letters.

[Nik+Heather 121]

Self employment is not a gray area. It is not allowed without an EAD or Green card for a K-1 visa holder. Period. Nothing gray about it. Is that to say no one ever got away with it? NO. I am SURE many people have gotten away with it, though it would be fairly dumb to claim it on an I-864, yes?

Dunno, employed by foreign people in foreign currency into a foreign bank account...didn't you just say that was legal? And simultaneously, no working in the US without an EAD. It still seems conflicting to me.

[Eggs 0]

Just to be clear:

I am currently self employed in the Netherlands. I can continue having my own Netherlands based company for a couple of months while I'm waiting for the work authorization in the US. So the income will continue to be coming from the same source as before, namely my Dutch clients through my Dutch based company. Me working in the US for my own Dutch company is perfectly legal. I think me working for a US customer, invoicing him through my Dutch company would even be legal, but that's a gray area and something I won't be doing.

So, considering I have money coming in from my Dutch company and I have clients with contracts that specify the amount of work I will be doing in 2010 for them and the amount of money I can invoice them for, would that be admissible for the visa application?