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americankiwi

I-864 - Put foreign income?

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Hi, I'm a USC residing and working in New Zealand for 4 years. I'm planning on bringing my husband back to the States with me. Just a question about the I-864, I obviously will need a joint sponsor as I will not be making any US income when applying for my husband as I work in NZ and have for 4 years. I am aware I have to fill out the form anyway but I was wondering if I should put $0 as my income, or do I put my NZ income converted into US Dollars? I'm guessing I should put $0, but just hoping someone can confirm....Unfortunately the Auckland consulate is of no help, its an 0900 number that is barred from most phones and cell phones and only reachable from 8am-12pm and i work so i can never call for help plus its $3.95 per minute!! Thank goodness for these sites!

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do you have a job lined up and somewhere to live once you get to the States?

I'm sure there's someone here who has done this before, but I'm not sure what you'd put. Likely the answer is put your current income converted to US$, along with your current bank info etc, along with the US information of your joint sponsor.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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americankiwi,

Put your income converted to US dollars. Your income history is not as important as your current income (or what will be your current income when you return to the USA and a new job), but it does have value. Don't make it appear that you've been out of the workforce for the past 4 years when you haven't been.

Besides, you will have to be giving them your most recent tax return, which will show that you have had an income. You may not have had to pay US income tax on that income, but the income will show on your tax return.

Yodrak

Hi, I'm a USC residing and working in New Zealand for 4 years. I'm planning on bringing my husband back to the States with me. Just a question about the I-864, I obviously will need a joint sponsor as I will not be making any US income when applying for my husband as I work in NZ and have for 4 years. I am aware I have to fill out the form anyway but I was wondering if I should put $0 as my income, or do I put my NZ income converted into US Dollars? I'm guessing I should put $0, but just hoping someone can confirm.........
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do you have a job lined up and somewhere to live once you get to the States?

I'm sure there's someone here who has done this before, but I'm not sure what you'd put. Likely the answer is put your current income converted to US$, along with your current bank info etc, along with the US information of your joint sponsor.

No....Once me and and my husband get there we're going to settle in, get a car etc. and then I'm going to look for a job, getting one will not be difficult...

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Americankiwi -

Try (09) 303 2724 extn. 2810 to get in touch with the Immigrant Visa Section of the Auckland Consulate. It's the number listed on the letter they sent out telling us DCF was no longer an option, and we've used it to speak with them in that regard.

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americankiwi,

Put your income converted to US dollars. Your income history is not as important as your current income (or what will be your current income when you return to the USA and a new job), but it does have value. Don't make it appear that you've been out of the workforce for the past 4 years when you haven't been.

Besides, you will have to be giving them your most recent tax return, which will show that you have had an income. You may not have had to pay US income tax on that income, but the income will show on your tax return.

Yodrak

Hi, I'm a USC residing and working in New Zealand for 4 years. I'm planning on bringing my husband back to the States with me. Just a question about the I-864, I obviously will need a joint sponsor as I will not be making any US income when applying for my husband as I work in NZ and have for 4 years. I am aware I have to fill out the form anyway but I was wondering if I should put $0 as my income, or do I put my NZ income converted into US Dollars? I'm guessing I should put $0, but just hoping someone can confirm.........

I will still be working in New Zealand or will be just finishing at my job when my husband interviews for the K3 visa (assuming it will be granted to him), which is when they will request the affadavit, so that will be my current income at the time. But I thought that would be irrelevant on the form as it says "US Income" which is why I assumed I need a joint sponsor....My stepfather owns a masonry business and said once my husband is authorised to work he can work for him, if he writes up a job offer on his company letterhead, stating the title of the job, pay, when it is available to him etc. and gets it notarised would we still need a joint sponosr or should we submit everything anyway? Also, I dont plan on working in the US unitl we get there and settle in for a couple weeks (catch up on the time difference!), we already have a place to stay for free (my dad's)......

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americankiwi,

Your overseas income will not enable you to sponsor your husband for his K3 visa, you are correct that someone else will have to sponsor him. That does not mean that you should not answer the questions correctly on your form.

But this reminds me - you may not have to submit anything since you will not be the sponsor. I can't say for sure that you won't be asked for your information, since the norm is for the petitioner to be the sponsor, so be prepared. But try this just to find out - submit only the sponsor's information and hold yours back unless and until it's asked for, then before turning it over explain that you have no job waiting for you so the other person whose information has been submitted has offered to sponsor your husband.

The offered job will probably not avoid the need for a sponsor. It will take your husband around 3 months to get employment authorization after he arrives in the USA, he's going to need a clear means of support during that period.

Yodrak

I will still be working in New Zealand or will be just finishing at my job when my husband interviews for the K3 visa (assuming it will be granted to him), which is when they will request the affadavit, so that will be my current income at the time. But I thought that would be irrelevant on the form as it says "US Income" which is why I assumed I need a joint sponsor....My stepfather owns a masonry business and said once my husband is authorised to work he can work for him, if he writes up a job offer on his company letterhead, stating the title of the job, pay, when it is available to him etc. and gets it notarised would we still need a joint sponosr or should we submit everything anyway? Also, I dont plan on working in the US unitl we get there and settle in for a couple weeks (catch up on the time difference!), we already have a place to stay for free (my dad's)......
Edited by Yodrak
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americankiwi,

Your overseas income will not enable you to sponsor your husband for his K3 visa, you are correct that someone else will have to sponsor him. That does not mean that you should not answer the questions correctly on your form.

But this reminds me - you may not have to submit anything since you will not be the sponsor. I can't say for sure that you won't be asked for your information, since the norm is for the petitioner to be the sponsor, so be prepared. But try this just to find out - submit only the sponsor's information and hold yours back unless and until it's asked for, then before turning it over explain that you have no job waiting for you so the other person whose information has been submitted has offered to sponsor your husband.

The offered job will probably not avoid the need for a sponsor. It will take your husband around 3 months to get employment authorization after he arrives in the USA, he's going to need a clear means of support during that period.

Yodrak

I thought the petitioner must be the sponsor which is me? Then if the sponsor does not meet the requirements you get a joint sponsor??

I will still be working in New Zealand or will be just finishing at my job when my husband interviews for the K3 visa (assuming it will be granted to him), which is when they will request the affadavit, so that will be my current income at the time. But I thought that would be irrelevant on the form as it says "US Income" which is why I assumed I need a joint sponsor....My stepfather owns a masonry business and said once my husband is authorised to work he can work for him, if he writes up a job offer on his company letterhead, stating the title of the job, pay, when it is available to him etc. and gets it notarised would we still need a joint sponosr or should we submit everything anyway? Also, I dont plan on working in the US unitl we get there and settle in for a couple weeks (catch up on the time difference!), we already have a place to stay for free (my dad's)......

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americankiwi,

For an immigrant visa or adjustment of status, using I-864, yes. But not for a non-immigrant visa.

Yodrak

Oh, I didn't know that.....So what about when he does adjust status in the states, will another I864 have to be submitted or does my mom and my step dad just remain the sponsors since they sponsored him for the K3?

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americankiwi,

For an immigrant visa or adjustment of status, using I-864, yes. But not for a non-immigrant visa.

Yodrak

Oh, I didn't know that.....So what about when he does adjust status in the states, will another I864 have to be submitted or does my mom and my step dad just remain the sponsors since they sponsored him for the K3?

Yodrak, just found this from the travel.state.gov website:

" Note that neither an I-864 or an I-134 is required; K3 applicants must present the I-864 when they adjust status in the United States with USCIS. Posts should not routinely require an I-134, except in those cases where the consular officer deems it necessary to overcome any public charge considerations that might arise from documents presented or the interview"

Now if an affadavit is required for the K3which form would it be....My mom alone doesnt make enough but her and my step dad together do, so she was going to fill out the I-864 and my step dad the I-864A but if they ask for an I-134 can they both still use their combined income? I didnt see anything on the I-134 that refers to using another member's of the household's to meet the income requirements....Could you shed any light on that?

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americankiwi,

I-134 is used for non-immigrant visas, when the consular officer feels that an affidavit of support is required. For the K visas it is usual for an affidavit of support to be required.

I-134 does not have such rigid rules as the I-864 does. You might want to ask the consulate how to handle your situation - it might be that they could jointly submit a single I-134, signed by both, showing their combined financial resources as husband and wife.

Why did you switch from immigrant visa to K3 visa in the middle of the thread? To be sure that we're discussing the correct affidavit, please confirm what visa your husband will apply for.

Yodrak

americankiwi,

For an immigrant visa or adjustment of status, using I-864, yes. But not for a non-immigrant visa.

Yodrak

Oh, I didn't know that.....So what about when he does adjust status in the states, will another I864 have to be submitted or does my mom and my step dad just remain the sponsors since they sponsored him for the K3?

Yodrak, just found this from the travel.state.gov website:

" Note that neither an I-864 or an I-134 is required; K3 applicants must present the I-864 when they adjust status in the United States with USCIS. Posts should not routinely require an I-134, except in those cases where the consular officer deems it necessary to overcome any public charge considerations that might arise from documents presented or the interview"

Now if an affadavit is required for the K3which form would it be....My mom alone doesnt make enough but her and my step dad together do, so she was going to fill out the I-864 and my step dad the I-864A but if they ask for an I-134 can they both still use their combined income? I didnt see anything on the I-134 that refers to using another member's of the household's to meet the income requirements....Could you shed any light on that?

Edited by Yodrak
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americankiwi,

I-134 is used for non-immigrant visas, when the consular officer feels that an affidavit of support is required. For the K visas it is usual for an affidavit of support to be required.

I-134 does not have such rigid rules as the I-864 does. You might want to ask the consulate how to handle your situation - it might be that they could jointly submit a single I-134, signed by both, showing their combined financial resources as husband and wife.

Why did you switch from immigrant visa to K3 visa in the middle of the thread? To be sure that we're discussing the correct affidavit, please confirm what visa your husband will apply for.

Yodrak

Apologies Yodrak, my husband will be applying for a K3 visa....When I started the thread I was under the impression that we'd have to submit an I-864 for this visa....So in this case then we'll need an I-134, is that correct?

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