Evidence of Support question. Please help.

[turbocomppro 3]

Back with another question. So we setup an interview date and we have medical records, police reports, and everything else except my Evidence of Support may not be adequate. My last 3 years I've filed about 9000-10000 per year. My wife makes money of course but she pretty much does it separately from mines since it's all local business.

Anyway, as they pretty much know, I've been living with my wife for the past 7 years in China so they'll likely know I won't be doing same thing as I am in China. How will I show evidence of support in this case? Were mainly moving back to start a very lucrative business. I should write our plans in the "Resume" that I will submit during the interview?

Also, I don't have any relatives in the US other then my retired father so he can't co-sponsor my wife.

What should I do to make a successful interview for my wife?

[Marrienne 112]

Hmmmmm, that is a tough one because you are telling them you are going back jobless (both of you) and you have no joint sponsor.

We've had huge issues with our AOS because my husband (USC) is not working and my job (teaching) will terminate when we move, the Consulate is giving us a super hard time, even though we have a very wealthy joint sponsor.
They might deny her based on the AOS but in this case is it possible for you to go back to the USA and start making some money so you can sponsor her??
Obviously NOT an ideal scenario.
Why can't your father be a joint sponsor??

[turbocomppro 3]

My father is 72 and retired. Can he be a co-sponsor?

We've been doing our own businesses pretty much all our lives and will be doing it once we get to the US ASAP. That's actually the main reason we're going back.

[Penguin_ie 5,993]

Your setting up a business won't count; you effectively have 0 income for the purposes of the affadavit of support, as your current income, and oyur wife's will stop when you move to the USA.

You can either sponsor her on assets (savings, 2nd home, 401k etc), or get a co-sponsor. Yes, your dad can be that person, as long as he is based in the USA and makes enough for his household plus the immigrant.

[turbocomppro 3]

Unfortunately, my father doesn't make any money. I'm not sure how I can get a co-sponsor when my father is the only relative. :-(

I do have some savings but my wife has money here in China. Will that work? She also owns a house here worth about $300k USD. Of course, we're still paying the mortgage but when we bought it it was only $197k USD. She also has about $75k USD in her bank accounts. Will that work?

[Marrienne 112]

Actually I think it might work on assets!!! The 125% poverty guideline for 2016 is about $25K. If you are going on assets alone you need that times 3 for your wife (correct me if I am wrong here). So you can go on assets, yes!!! A house plus cash should be enough!! It wouldn't hurt at all to try. You CAN use your wife's assets, no problem!!

Note you will need taxes filed in the US, even if you are living in China. They WILL ask for that paper so if you haven't filed US taxes, start now as it takes a while!
GL

[turbocomppro 3]

Yes, I do file taxes but that was only for myself since my wife's income and money came from her alone and stayed within China. The money in the account was from her savings before we met and some she made the in past few years. But again, that was purely her and I hardly have anything to do with it. I do my business and she does hers. So that is why I didn't do any reporting on my taxes about her income.

[Marrienne 112]

Yes, I do file taxes but that was only for myself since my wife's income and money came from her alone and stayed within China. The money in the account was from her savings before we met and some she made the in past few years. But again, that was purely her and I hardly have anything to do with it. I do my business and she does hers. So that is why I didn't do any reporting on my taxes about her income.

That is absolutely fine The immigrants assets CAN be used combined to the sponsor's if they are married. It is in the instructions for I-864. This includes her house too

[Penguin_ie 5,993]

Yes you should be fine on assets, the only issue being that some embassies will only accept assets based in the USA (so they can seize them, in the unlikely event your wife will take means tested benefits). I am not sure how strict the US embassy in China is on this.

BTW, your father would not need to earn income from a job; income from government benefits, or interest on assets, would be fine, though that is rarely enough. Also, the co-sponsor need not be family or even live near you; it could be an old friend, co-worker or college buddy.

[Michael and Ganna 104]

Since you have been living in China for 7 years....domicile may be an issue

Also the abroad asset requirement is a little different than domestic assets.....Read the link I provided

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

[Marrienne 112]

Since you have been living in China for 7 years....domicile may be an issue

My USC husband has been living in Europe for 18 years. We proved "intent to re-establish domicile" and that was that

[Michael and Ganna 104]

My USC husband has been living in Europe for 18 years. We proved "intent to re-establish domicile" and that was that

I am kinda in the same boat.....I know a lot of the "rules" are country specific ....Did you have to have a co-sponser that lives in the US?

[Marrienne 112]

I am kinda in the same boat.....I know a lot of the "rules" are country specific ....Did you have to have a co-sponser that lives in the US?

Yes we did.

[turbocomppro 3]

 

My USC husband has been living in Europe for 18 years. We proved "intent to re-establish domicile" and that was that

 

Would you mind elaborating a little bit on this? I quite sure I may have to do this as well. Is it just a written letter by you to bring to the interview or you just told the interviewer?

[turbocomppro 3]

 

Since you have been living in China for 7 years....domicile may be an issue

Also the abroad asset requirement is a little different than domestic assets.....Read the link I provided

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Ok, I read that part about domicile and I do have bank accounts with 2 different banks still active in the USA both of which I've had before I came to China. I also have 3 Credit Cards (Bank of America, Chase, Discover) that are used regularly. Should be enough to prove that (from the link):

He/she left the United States for a limited and not indefinite period of time,

He/she intended to maintain a domicile in the United States, and

He/she has evidence of continued ties to the United States.

Let me know if anything else helps...

Edited June 4, 2016 by turbocomppro