Does a job offer in US satisfy poverty guidelines for UK resident petitioner?

[Jezza USA 0]

Hey all,

 

My US citizen wife and I live in the UK, along with our dual US/UK citizen son. She has lived and worked here for 4 years and has filed her tax return every year since arriving.

 

I had my I-130 approved in London back in March and we've been waiting since then for my wife to secure a job in the US before scheduling my medical and interview. She's now been offered a job with a salary that easily exceeds the poverty guidelines necessary to show she can support the 3 of us. We also have around $50,000 in savings in our US bank account and have maintained an address for our US mail at her aunt's house in Texas.

 

My question is will the job offer letter, US cash savings and her US tax returns (albeit for my wife's UK income) be sufficient to satisfy the consular officer that she meets the financial sponsorship requirements as well as reestablishing domicile? 

 

I've read a lot of forums about this on various sites, but the information seems to vary wildly depending on which one you read.

 

Thanks!

[millefleur 5,047]

I don't have experience with your embassy, but as long as she can prove the salary will continue (maybe an actual contract instead of just a job offer?) then I think it should be fine for the I-864 when combined with the assets. I'm absolutely abominable at math though so don't take my word as the final one on that! However, since your son is a USC already, then she is only sponsoring you as I understand.

 

For domicile, maybe she should throw in a few more things, such as proof of her mailing address in the US, US bank accounts, etc. just to be sure?

[Jezza USA 0]

Hi Millefleur, thanks for your reply.

 

From what I've read, whilst an offer letter (or maybe as you say contract of employment) is useful for reestablishing domicile, there's nothing definitive that states it can also be used to satisfy the income requirements. Some stuff I've read even suggests that we may need a co-sponsor (not easy in our situation) or for my wife to return to the US and start working for a while before I schedule my medical & interview (not ideal).

 

I think in terms of meeting the financial requirements, an offer of a job actually equates to very little as it doesn't indicate a current and stable income in the US. This likely means we could only use our assets to meet the 125% of poverty guidelines. I think we'd be classed as a household size of 3 even though our son is a USC, as the I-864 instructions seem to imply it's the total number of people my wife will ultimately be financially responsible for that is relevant and not just the intended immigrant.  

[Jezza USA 0]

Hi,

 

I'm British & live in the UK with my USC wife and our dual-citzenship 8 year old son.

 

We're moving back to the US & my I-130 was approved by USCIS in London in March. My wife wants to secure a job in the US before I schedule my medical and interview. My question is, would her offer letter & signed contract of employment be sufficient to satisfy the consular officer that she could support me and our son financially subject to the 125% poverty guidelines rule?

 

And if not is there any way around this other than obtaining a co-sponsor? Could she perhaps move to the US ahead of us and work for a few months in order to get payslips and an employer letter confirming her salary etc? Obviously she'd have no tax return to back this up, so I'm wondering how long she might need to work there without us to satisfy the consular officer that she could support us?

 

She's filed her tax returns for the 4 years since we've lived in the UK, but obviously these only relate to her UK income and aren't of any use in meeting the financial requirements.

 

We do have around $50,000 in our US account which goes some way to meeting the requirement for assets in lieu of income, but it's still about $25,000 short assuming they won't consider an employer letter as evidence of potential income.

 

Surely there must be other people who have been in our situation, with both USC petitioner & UK citizen spouse living in the UK together and wanting to return to the US? 

 

I'm hoping someone can help with this as I just can't find any definitive answers anywhere!!!

 

Thanks!

Edited June 23, 2017 by Jezza USA
Correction

[Ryan H 3,819]

***Post merged with existing thread.***

 

 

7 minutes ago, Jezza USA said:

Hi,

 

I'm British & live in the UK with my USC wife and our dual-citzenship 8 year old son.

 

We're moving back to the US & my I-130 was approved by USCIS in London in March. My wife wants to secure a job in the US before I schedule my medical and interview. My question is, would her offer letter & signed contract of employment be sufficient to satisfy the consular officer that she could support me and our son financially subject to the 125% poverty guidelines rule?

 

And if not is there any way around this other than obtaining a co-sponsor? Could she perhaps move to the US ahead of us and work for a few months in order to get payslips and an employer letter confirming her salary etc? Obviously she'd have no tax return to back this up, so I'm wondering how long she might need to work there without us to satisfy the consular officer that she could support us?

 

She's filed her tax returns for the 4 years since we've lived in the UK, but obviously these only relate to her UK income and aren't of any use in meeting the financial requirements.

 

We do have around $50,000 in our US account which goes some way to meeting the requirement for assets in lieu of income, but it's still about $25,000 short assuming they won't consider an employer letter as evidence of potential income.

 

Surely there must be other people who have been in our situation, with both USC petitioner & UK citizen spouse living in the UK together and wanting to return to the US? 

 

I'm hoping someone can help with this as I just can't find any definitive answers anywhere!!!

 

Thanks!

 

[JessieABC 159]

Seems like it worked for others depending on pay: 

 

If it were me, I wouldn't risk an RFE considering the new administration.  It would probably be best for her to move there first, establish domicile, and get a few pay stubs before the interview:  https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-series-forms-faqs.html

• How can a petitioner establish a domicile?

  When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

  • Find employment in the United States
  • Secure a residence in the United States
  • Register children in U.S. schools
  • Relinquish residence abroad
  • Other evidence of a U.S. residence

  If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the United States with or after the sponsor.

In addition, the Dept of State reflects the following which applies to the applicant so an RFE risk exists depending on the job offer and other details for your specific case:

• Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

  No, the law does not recognize offers of employment in place of the I-864.  A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.

   

  Hope that helps!

 

[Villanelle 4,122]

It worked for the person mentioned in the link above because they started the job- so it was no longer a job offer but an actual job they had on the date of the interview.