Affidavit of Support and Foreign Income

[wabus44 0]

We are at present stuck in a catch 22 and could use some advice. I submitted an Affidavit of Support for my New Zealand born wife on April 3rd. As all my income has been derived from Canada for the last three years, I filed a 2555 with my 1040 which means the income I earned is offset with an adjusted gross income of 0. I have now received 2 robot letters wanting me to match the affidavit of support figure with the 1040 figure, which would mean my wife would be denied based on allegedly 0 income. I have a contract for what amounts to a tenure track position starting in September that is double the poverty guidelines for a family of four. Does the NVC look at the 2555 I submitted for the last tax year and/or does the signed contract serve as proff of upcoming US derived income? Any help on this impasse will be appreciated.

[Pitaya 2,577]

~duplicate thread removed~

[aaron2020 11,651]

Hi,

You can not use your foreign income since it will end before your wife immigrates to the US. Foreign income can only be used for the I-864 if it will continue after the immigrant enters the US. Since you are requires to enter before or at the same time as the immigrant, you will not have this income at that time and therefore can not use it for the I-864.

You can not use future income from a potential employer. It has to be current income.

You will need a Joint Sponsor.

[EmmyW 0]

I don't think it's that complicated. My husband worked in vietnam for the last 3 year and we are back in the state since August 2013. I filed my Aos on 24th Feb 2014 ( which is including his i864) Have my greencard approved yesterday.

We just pay $300 for a tax office and they back filed tax return 2011 to 2013 showing his foreign earned income ( only thing we give them is income statement from the company in vietnam). And we send his current employment verification with his current salary with i864 too. Hope it helps