I-134 / I-864 and foreign income

[BostonGeorge 0]

Can someone please point me to where it explicitly states that current foreign income does not count towards meeting the household poverty threshold on either the I-134 or the I-864? I've read and re-read EVERYTHING on the official documents and NOTHING indicates that foreign income must either be excluded or continue once I (the US citizen) return to the US. Seriously this is driving me crazy.

[Kastrs 723]

Because of the foreign income exclusion for tax purposes most people have income below the taxable threshold making their effective income 0, or whatever small amount is over the threshold

Also, since the sponsor will need to demonstrate that they can support the beneficiary, it would only be logical to see that the income will continue in the US

From the instructions:

For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income

I am sure this is not the specific answer you are looking for, but it is exactly how the embassy will see it

[Villanelle 4,122]

From the instructions:

Item Number 3. - 17. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 2. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member’s income. See Form I-864P for information on the Federal Poverty Guidelines. To determine the filing requirements for your relatives included in Part 6., Item Numbers 3. - 14., follow the instructions below.

1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.

3. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part 5., Item Number 1.), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children.

Item Numbers 18.a. - 20. Federal Income Tax Return Information You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

The wording is specifically used when talking about the immigrant as they typically have foreign income. For the USC you have to show you can maintain income so maintaining is another word for continuing... Hope this helps.

[BostonGeorge 0]

From the instructions:

Item Number 3. - 17. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 2. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member’s income. See Form I-864P for information on the Federal Poverty Guidelines. To determine the filing requirements for your relatives included in Part 6., Item Numbers 3. - 14., follow the instructions below.

1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.

3. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part 5., Item Number 1.), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children.

Item Numbers 18.a. - 20. Federal Income Tax Return Information You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

The wording is specifically used when talking about the immigrant as they typically have foreign income. For the USC you have to show you can maintain income so maintaining is another word for continuing... Hope this helps.

Surely these are not relevant, and I should have specified why in my original post: A) My fiancee isn't my spouse, and B) I'm not including her income.

Again, nowhere does it state that my foreign income must continue once I reacquire domicile in the US. Fair enough that because of the foreign income exclusion my taxable income would be zero, but that does not mean my real income is zero.

Additionally, the I-864 states:

"Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

This does not specify that this income must be after tax, merely that it is income.

The I-134 mentions nothing about tax at all.

[Villanelle 4,122]

hahaha. Your fiance will be your spouse when filling out the 864 for AOS.

Anyway Im not sure what you are asking. What are you concerned about exactly? I hate when people come on and ask about policies vaguely because there are so many things that impact the answer. But YES foreign income can count as income.

You must show you have a source of income. It can be foreign. Because of tax treaties your income tax return may not reflect it but you would have a foreign return that shows tax paid on it (right?) You also have to show that your income is steady. Hence the phrasing 'will continue'. You have to realize much that is posted on VJ is in casual English and not policy manual speak.

I can find you a link that states the income needs to be stable if that helps you believe me.

I get the impression you somehow work internationally. Perhaps remotely? If so you will have no problem showing the source of your income and how it will remain stable as you can work wherever you are domiciled. If you are in the opposite situation however where you are working overseas and upon leaving you will be unemployed then Im sorry but you may have trouble. Either way help is available if you explain your concerns more.

[Villanelle 4,122]

By contrast, 8 CFR 213a.2©(2)(ii)© permits USCIS to conclude that a Form I- 864 is not sufficient, even if the sponsor’s household income meets the Poverty Guideline threshold. USCIS should make this conclusion only if the evidence of record makes it “reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligation.” For example, if the sponsor’s income is from a job that is merely temporary or seasonal, USCIS might reasonably conclude that the income is likely not to continue, and could also conclude that the Affidavit of Support, for that reason, is not sufficient.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf

[BostonGeorge 0]

hahaha. Your fiance will be your spouse when filling out the 864 for AOS.

Hey cool for laughing though. Obviously I had the timeline wrong. All of this has my head spinning.

Again, these are asking about current income. And If I provide evidence that my current income meets the criteria, then there should be no problems. USCIS differentiating taxable vs. pre-tax income for foreign workers is clearly discriminatory. If they want to see that current income will continue in the future, then surely an official document for a future job (to begin once reestablishing domicile) is also acceptable. Yeah, I get that it's the US government and "good luck making a case" but that's the truth. They can't have it both ways.

Just to clarify my situation and why I'm so frustrated and confused:

I have been living, traveling, and working abroad for 4+ years, mostly teaching English. ESL contracts (especially in Asia) are typically for 1 calendar year. My fiancee and I returned to East Asia this year specifically so we could save enough to get married back in the States, and only anticipated being here for 1 more year. I am a teacher, so obviously my employment will not continue once I return to the US. I will, however, work for my dad (small business) once I return. This is not an offer that will be revoked, or one that will change. But you're saying that an offer of a permanent job doesn't count either. Can you see why I'm bothered?

Whatever, it obviously doesn't matter what I think in the end.

[B&Z 201]

You could have your father as a joint sponsor if he makes enough, and then you wouldn't have to be worrying so much about all of this.

[Kastrs 723]

Hey cool for laughing though. Obviously I had the timeline wrong. All of this has my head spinning.

Again, these are asking about current income. And If I provide evidence that my current income meets the criteria, then there should be no problems. USCIS differentiating taxable vs. pre-tax income for foreign workers is clearly discriminatory. If they want to see that current income will continue in the future, then surely an official document for a future job (to begin once reestablishing domicile) is also acceptable. Yeah, I get that it's the US government and "good luck making a case" but that's the truth. They can't have it both ways.

Just to clarify my situation and why I'm so frustrated and confused:

I have been living, traveling, and working abroad for 4+ years, mostly teaching English. ESL contracts (especially in Asia) are typically for 1 calendar year. My fiancee and I returned to East Asia this year specifically so we could save enough to get married back in the States, and only anticipated being here for 1 more year. I am a teacher, so obviously my employment will not continue once I return to the US. I will, however, work for my dad (small business) once I return. This is not an offer that will be revoked, or one that will change. But you're saying that an offer of a permanent job doesn't count either. Can you see why I'm bothered?

Whatever, it obviously doesn't matter what I think in the end.

I understand you are frustrated, but perhaps the easiest way to save yourself some grief is to just get a co sponsor?

[Villanelle 4,122]

Its a frustrating process. But thats what makes VJ such a great place. Theres a ton of support and information available here...

If you read the indepth doc linked above you will find all the answers to just about anything you want to know about the 864. (the 134 is used during the K process and has similar overall requirements but a lower poverty level. Its generally said if you cant meet the 134 theres no way you will meet the 864 but not vice versa. Again its complicated but we will just focus on specific advice to your situation...

Now I dont have the doc link open so Im going to just write off the cuff here so to speak but I assure you all the info Im giving you can be verified in the above doc.

Again, these are asking about current income. And If I provide evidence that my current income meets the criteria, then there should be no problems. USCIS differentiating taxable vs. pre-tax income for foreign workers is clearly discriminatory. If they want to see that current income will continue in the future, then surely an official document for a future job (to begin once reestablishing domicile) is also acceptable. Yeah, I get that it's the US government and "good luck making a case" but that's the truth. They can't have it both ways.

Sure they can have it both ways. Its a government form for a governmental process so yeah.. Point 1: They are in fact looking for current income. If you read the doc you will see some sections highlighted in yellow I think. It talks about how they are to 'assume' what you earn currently is sufficient UNLESS they have reason to believe its not. This reason has to be more then just time elapsing. You moving from one country to another is a valid reason to believe your income may change so more then likely they will RFE you (if you only send proof of current income) asking for more proof. But yes, you only have to submit current income.

It also quite clearly states job offers or promises mean nothing. You have to demonstrate your ability to maintain your current income. If you were going to remain a teacher you could express that and show your degree and available jobs if not necessarily a job offer because that doesnt count- But you could put together a packet demonstrating as strongly as you can that you will be able to maintain the income in the US. Sometimes it works sometimes they ask for a co or joint sponsor.

You will see those terms intermixed on VJ. I believe there is a technical difference to when each is used however they are used intermingling-ly on VJ> But because you seem to be saying you are switching careers and will no longer be a ESL teacher then it is my opinion that most likely you will need a cosponsor OR have to relocate back to the US and begin working with your Dad for a significant enough period of time for it to be counted.

Have you looked into a cosponsor as mentioned above? Many people relocating back to the US use this option.

[Ash.1101 1,756]

Remember, you're also at the mercy of the CO. If the CO is afraid that when your fiance comes into the US she'll end up a burden because you're not living and working in the US, they can easily ask for a cosponsor.


There are the minimum requirements to hit, but the CO can use his own discretion when it comes to fleshing out a case. I learned this the hard way, I was unemployed, so for the I-134 we used my mother as a cosponsor, she made more than the minimum requirement, and they gave my husband (then fiance) a 221g asking for more documentation because they wanted a SECOND cosponsor, for further financial insurance. The CO even told my husband (then fiance) that we met the requirements, but that he just didn't feel it was good enough.

Normally the requirements are simple, don't work or make enough, use a cosponsor, but CO's can bend those and use their best judgement which may not be what you think is the best judgment. With all honesty, I understand their worries as it doesn't look good to have someone unemployed promising that their SO will be taken care of, thankfully by AOS I was working, used my mom again as a cosponsor and had no issues. Now my husband and I are making well more than needed for his ROC annually and only hoping to make more by then, within a month or so of his GC being approved.


While someone can lose their job everyday, they're going to look at it as even with a job offer, you don't have the job yet. They take it as your future income is 0 even if a piece of paper from your father says otherwise.. They would rather you have a job in the US and a home in the US and lose your job the day after your fiance was brought in, than let your fiance come in on the promise of a job. You need to be able to MAINTAIN your current income. They will also look at your past tax returns and decide if it shows a stable enough work history.

Will you be making as much as you make now working for your dad? A small business doesn't normally just pay a worker 20,000$ a year. Why aren't you looking for teaching jobs in the US? Do you have the qualifications to teach ESL in other country's, but no the qualifications to teach in the US, this does happen a lot. Can your father just cosponsor?

Ideally, MOST people in this case, move to the US a few months a head of time, petition for their fiance, and then at least have half a year of working in the US under their belt.

The government can have it as many ways as it wants, it's THEIR process to allow us to have our loved ones here. It's a privilege they can give, not a right we have.

Edited August 17, 2016 by Ash.1101