Proof of Financial Support (Working for a Foreign Company)

[adrianh 1]

I've just proposed to my US girlfriend and we're hoping to have me move out to the US with the fiance visa. One question I have is about the proof of financial support. My girlfriend is self-employed but doesn't earn much, however I work for a UK company and have a good salary. I have already spoken to my company and they want to keep me employed with them, making me a remote worker.

So a couple of questions:

1) Will my girlfriend's current financial situation hinder the process of the visa application (I understand she has to sign an affidavit of support)?

2) Under the conditions of the fiance visa, will I still be able to work for the UK company once I get permission to work, or am I limited to working for American companies? If I can work for a UK company, is there any way to make this clear in the visa application process to help with the "proof of financial support" sections?

Thanks in advance!

[NikLR 13,232]

You can work for the UK company remotely but not until you file the AOS and your EAD is approved. You need to be legally able to work in the USA to be able to work remotely. (It's silly I know.) Nothing you do can help the affidavit of support. Your fiancee needs to work that out. She either needs to have a job that makes 125% (most consulates or embassies will accept 100% with the I-134 but the affidavit of support required in your Adjustment of Status (the I-864) will require 125% of the poverty guidelines - form I-864P on the USCIS website.) The option here is for her to find a joint sponsor. The joint sponsor will need to make 125% of the guidelines for their household plus you.

[adrianh 1]

Thanks for the response. How is a household counted? For example, if there are two earners for a household, do you exclude one of them from the count or combine the incomes?

[Theboz 10]

A household are the people that are dependent on support. For instance, even though I live with 5 other people in a house, I would be counting just myself and not the others in the house as they all have thier own jobs and I dont support them at all.

[NikLR 13,232]

A household are the people that are dependent on support. For instance, even though I live with 5 other people in a house, I would be counting just myself and not the others in the house as they all have thier own jobs and I dont support them at all.

No it doesn't work that way.

A household are the people who are declared such on taxes or children. Example: a spouse, children (no matter where they live or who supports them) up to age 18, and finally anyone declared as a dependent on taxes.

Edited December 21, 2013 by NLR

[NikLR 13,232]

You woudl say your fiance(e) is a household member because you will be getting married and living together... so for all intensive purposes every household on this forum for a fiance(e) or spousal visa has a household of at least 2.

[adrianh 1]

You woudl say your fiance(e) is a household member because you will be getting married and living together... so for all intensive purposes every household on this forum for a fiance(e) or spousal visa has a household of at least 2.

Just checking, but this doesn't apply in my situation because I'm going with a joint sponsor, and that joint sponsor's household wouldn't include my fiance, but would include myself, correct?

Also, can someone answer my second question? If there are two earners for a household, do you exclude one of them from the count or combine the incomes?

[NikLR 13,232]

Just checking, but this doesn't apply in my situation because I'm going with a joint sponsor, and that joint sponsor's household wouldn't include my fiance, but would include myself, correct?

Also, can someone answer my second question? If there are two earners for a household, do you exclude one of them from the count or combine the incomes?

No it's the other way around.

The household count for the joint sponsor does not include the primary sponsor but includes the beneficiary, however many there are of those. (For instance if your fiancee was bringing her 2 children, the household count for the primary sponsor would be the fiancee and the 2 children = 4. The household count for the joint sponsor would be themselves, their spouse (if they had one) any children, any dependents AND your fiancee and her two children... so it could possibly end up being 7 if they are married and have two children of their own.)

You do not exclude anyone from a household. But understand that a household is not two friends who live together, it is people who are related. Husband and wife, siblings, etc... If two people are simply sharing a house as roommates they are not part of each other's household. You only combine the incomes if they are married and file jointly or one declares the other as a dependent.

For the purposes of the I-134 you likely do not need to combine any incomes, but you may have to. Read the instructions on how to do this, I'm not sure how you do it to be honest. You will definitely have to later with the I-864, especially if it's a married couple who file their taxes as Married Filing Jointly.

Edited December 21, 2013 by NLR

[adrianh 1]

No it's the other way around.

The household count for the joint sponsor does not include the primary sponsor but includes the beneficiary, however many there are of those. (For instance if your fiancee was bringing her 2 children, the household count for the primary sponsor would be the fiancee and the 2 children = 4. The household count for the joint sponsor would be themselves, their spouse (if they had one) any children, any dependents AND your fiancee and her two children... so it could possibly end up being 7 if they are married and have two children of their own.)

You do not exclude anyone from a household. But understand that a household is not two friends who live together, it is people who are related. Husband and wife, siblings, etc... If two people are simply sharing a house as roommates they are not part of each other's household. You only combine the incomes if they are married and file jointly or one declares the other as a dependent.

For the purposes of the I-134 you likely do not need to combine any incomes, but you may have to. Read the instructions on how to do this, I'm not sure how you do it to be honest. You will definitely have to later with the I-864, especially if it's a married couple who file their taxes as Married Filing Jointly.

Sorry, I'm getting a bit confused. I'm the foreign fiance, hoping to move to America, so my fiance (the American) would be the primary sponsor, and include her household plus myself. The secondary sponsor would include their household plus myself. Correct?

Sorry if I'm in the wrong here; the process is quite difficult to understand!

Edited December 21, 2013 by adrianh

[NikLR 13,232]

Okay

Fiance = male

Fiancee = female

I used the term "fiancee and two kids" as an example, and yes I was referring to "you" as being the USC, but I should have said, petitioner and beneficiary.

So to clarify, the petitioner counts their household in the USA, plus the beneficiary. Any joint sponsor would include their household plus the beneficiary.

You do not exclude someone from a household but a household for these purposes are only people who are dependent on the sponsor (which includes children up to the age of 18 no matter where they live or who supports them.) and spouses. This does include anyone the sponsor may have sponsored before.

Edited December 21, 2013 by NLR

[KayDeeCee 4,896]

This thread is confusing.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ,

There is no combining of incomes with the I-134 for a K-1 visa.

As far as I have ever understood it, if you work remotely for a foreign company and are getting paid in the foreign currency through a foreign bank, then you do not have to wait for the EAD to continue to work that way. If you work for a US based company and are paid in US dollars through a US bank, then yes, you need the EAD. Hopefully someone can correct me if I am wrong on that. Too lazy to research past posts and laws at the moment.

ALSO, you mentioned a UK company. Will you interview in London? London allows self-sponsorship. Do a search here on VJ about it, or check out the London embassy website for more information.

[NikLR 13,232]

You need a work permit in the USA to work remotely. Many Canadian learn this the hard way.

[kitthekat 1,317]

Here is a recent case that went through London (link) where the beneficiary submitted evidence of continued income (through remote work with a UK company) and the visa was approved.

As to whether it's legal or not, I feel like it's a gray area. US laws don't have jurisdiction over the hiring practices of a foreign company and before you receive your GC, you're not technically a permanent resident yet either. The I-864, which K1s use for AOS, also states that if the intending immigrant is a spouse, their foreign income can be counted so long as it continues after they become an LPR. The way I understand it, this suggests that it could include the time following marriage/submitting AOS but prior to receiving the EAD.

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.