AOS with foreigner income

[M&Ms 8]

Dear VJ,

I started my wife's immigration process back in April. I just submitted my AOS and IV packages together. Since I’m currently working in Riyadh Saudi Arabia, all my income and tax return information shows Saudi Arabia. I filed Form I-864EZ since I’m the petitioner and she’s the only beneficiary under my sponsorship. Do I need to be concerned due to the foreigner income? Do I need to look into join sponsorship? Will I get ChickList for that?

Thanks,

M&Ms

[Taaz 6]

​As a USC or PR I assume your income is reported and income taxes are paid here n the US? Saudi is one of the Gulf countries now reporting income made in the Kingdom. So if you have your tax returns and meet the income requirements all should be well. Wish you the best!

Edited November 13, 2016 by Ryan H
Reason for edit: to remove double post.

[M&Ms 8]

Thanks....Yes i report and file my taxes. I hope whoever gets it will understand the foreigner income examption. That's what I'm worried about. I'll wait and see hopefully soon

Edited November 12, 2016 by M&Ms

[EM_Vandaveer 2,408]

How is that going to work, though? You are supposed to be re-establishing domicile in the US, so the income from KSA won't continue, right?

[M&Ms 8]

Based on http://www.visajourney.com/wiki/index.php/NVC_Process

I attached a signed letter with all required documents (Voter registration, Driver License, Credit cards and joined bank statements, Tax return, SSA statement) all with my US address on them. Am I right? Please let me know if you have experienced this situation. I am USC and filed all my taxes for since I moved for work in Saudi Arabia.

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

[Penguin_ie 5,993]

The issue is, will your income continue from the same source after you move back to the USA?

[aleful 1,905]

hi

exactly, the main issue with foreign income is, you can use it as long as you will continue with the same job, same company in the US

if you are leaving your job to look for a job here in the US and not continue to have a job at the same company, then you will need assets or a joint sponsor

[M&Ms 8]

Yes, my income will continue because I will keep my job for another year and half. I'm trying to make sure my family (wife) who I am sponsoring and my son who is USC are ready to make life easier when we finally move back in 2018. Of course that's the plan for now but I could extend my contract for more than that if I choose to.

[Penguin_ie 5,993]

Then that is a problem

You state you hope they understand a "foreign income exemption"; that means you do not get paid by a US employer, you live abroad and work for a foreign employer. Your wife thus is not entitled to a visa at this time, because that is for family re-unification in the USA, and you won't be living in the USA.

[M&Ms 8]

Hmmmmm, what types of assets that could resolve this problem? Bank account saving, checking and credit cards)

[aleful 1,905]

hi

you might not have understood that the company is in the US, if the same company has a branch in the US and you will continue to work in the US with the same company, only being transferred to the US, then the same job in the same company will continue here in the US

if you have to quit your job to come to live in the US or you will come when your job ends, then it won't continue in the US

what job will you have when you come to the US, will it be the same one you have now?

[M&Ms 8]

It will have to be with a different company. I'm not working for a US company right now.

[Penguin_ie 5,993]

She won't be able to get a visa until you move back, so sometime in 2018. This is not jsut about the financial aspect, but also the reason for a visa; the petitioner needs to move back before or at the same time as the beneficiary.

[aleful 1,905]

hi

ditto, so unless you quit your job first, you will have to keep the case pending, not file the i864 and keep the petition open until you are ready to return, calling once or twice a year stating that you want to keep the case open

you shouldn't have filed now, but next year, close to when you're done with your contract

[M&Ms 8]

Not good ?