Working/Living in Australia while waiting for K-1 affects 134?

[K Jewels 1]

Ok I'm a bit worried now. I read on a different thread about not being able to show income from working in Australia as proof of support on the 134.


How do people who work overseas, meet their SO, and start paperwork for their partner to go back with them to the States?

I've been working here for 2 years now and sent in my tax documents as an expat. I don't want to involve any 3rd party family members for support as I do not need to. We have some money saved in the bank. I will be doing the same job when I return to the US with the same company as they have business in both the US as well as AU and other countries.


Any thoughts?

[aaron2020 11,651]

The I-864 allows someone like you working abroad who wants to return to the US with a new spouse to count any income that will continue after you return.

Since your AU income will continue after you come back to the US (since the income is from the same company), then you will be able to count it.

The reason others cannot not normally count the foreign earned income is that they usually leave their jobs when they return to the US. Since the income will end when they return, they can't count them.

[K Jewels 1]

The I-864 allows someone like you working abroad who wants to return to the US with a new spouse to count any income that will continue after you return.

Since your AU income will continue after you come back to the US (since the income is from the same company), then you will be able to count it.

The reason others cannot not normally count the foreign earned income is that they usually leave their jobs when they return to the US. Since the income will end when they return, they can't count them.

That makes sense. But I am confused about the I-864. I just looked the form up online and this part was mentioned in Q/A...

"Does the NVC review I-864 Affidavits of Support for petitions filed at a post (embassy or consulate) abroad?

No. The NVC only reviews I-864 Affidavits of Support for immigrant visa petitions filed at an Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office in the United States. If the petition was filed at a post abroad or the petition was already at post when the NVC began to review I-864 Affidavits of Support, it will not review the I-864.

Unless the NVC communicates with you about the I-864, it is not a part of the I-864 review process."

I just reviewed our packets and don't see a request for the I-864. We only have request for the I-134. Am I missing something here?

Thanks

[Lainie B 465]

You will file the I-864 when you apply for adjustment of status (I-485) after you marry

[aaron2020 11,651]

Sorry for the confusion. I was using the I-864 as a shorthand.

You will file the I-134 for the K-1 fiancee visa. For the I-134, you must meet the 100% poverty line.

After marriage in the US, you will need to adjust your wife's status which requires you to file the I-864 where you must meet 125% of the poverty line.

When the US Embassy reviews your financials, they will want to see if you can meet the 125% level to adjust status. It doesn't make sense to grant a K-1 when someone can't meet the 125% level to adjust.

Edited March 14, 2014 by aaron2020