I-864 using intending immigrants income when self-employed?

[geowrian 22,337]

1 minute ago, Moosebites said:

Yup, I've got the tax returns to prove I've been making an income for the past few years, but that's not necessarily poof it'll continue once I'm in the US. I'm thinking I'd like to put down my assets, my income and my fiance's income (even though it's only casual work and he's only started recently since he was a student until a few months ago) to cover all our bases - I just don't know if that might count against us, and we'd be better off just listing my assets?

I don't think it would hurt. And as stated, the assets alone should be fine to self-sponsor for the K-1 (the joys of London~ lol).

[Moosebites 3]

1 minute ago, geowrian said:

I don't think it would hurt. And as stated, the assets alone should be fine to self-sponsor for the K-1 (the joys of London~ lol).

Yeah, I'm really glad London are easy-going with this! I'm just trying to get my ducks in a row for my AOS; it'd be awful to move there and *then* have everything fall apart...

[Hamilton 511]

So yes, the intending immigrant's income can count towards qualifying for the above 125% requirement. In fact, I've read posts on VJ from immigrants who entirely self-sponsored because their USC spouses were unemployed/students. I've included my own income for my AOS along with my wife's. 

 

BUT, for your income to count for the 864, you need to show that it will continue from the same source, AND that it was earned lawfully/proof the immigrant was authorized to work. Once you move to the US under the K1, you will no longer be authorized to work (until you get your EAD) - which means your income will essentially halt. EADs are taking anywhere between 3-6 months to process.

 

Since you won't be earning any income when you file for your AOS, I don't think you can sponsor yourself. This "financial self sponsorship" is really for immigrants already in the US who are authorized to work already, and have been earning a steady income in the US at the point when they file the AOS (using a non-immigrant visa like the H1B). So I'm pretty sure you'd get an RFIE for a cosponsor, unfortunately.

[Boiler 45,670]

5 minutes ago, Hamilton said:

So yes, the intending immigrant's income can count towards qualifying for the above 125% requirement. In fact, I've read posts on VJ from immigrants who entirely self-sponsored because their USC spouses were unemployed/students. I've included my own income for my AOS along with my wife's. 

 

BUT, for your income to count for the 864, you need to show that it will continue from the same source, AND that it was earned lawfully/proof the immigrant was authorized to work. Once you move to the US under the K1, you will no longer be authorized to work (until you get your EAD) - which means your income will essentially halt. EADs are taking anywhere between 3-6 months to process.

 

Since you won't be earning any income when you file for your AOS, I don't think you can sponsor yourself. This "financial self sponsorship" is really for immigrants already in the US who are authorized to work already, and have been earning a steady income in the US at the point when they file the AOS (using a non-immigrant visa like the H1B). So I'm pretty sure you'd get an RFIE for a cosponsor, unfortunately.

K1 is authorised to work pursuant to status.

 

The carry on income aspect relates to the I 134, so not an issue.

 

Adjustment of Status seems to be taking much much longer than any delay in EAD, which it seems the OP does not need.

 

Unauthorised work is anyway 'forgiven' when adjusting through Marriage to a USC.

 

Bigger issue is Tax but that is beyond me.

 

[Hamilton 511]

2 minutes ago, Boiler said:

K1 is authorised to work pursuant to status.

 

The carry on income aspect relates to the I 134, so not an issue.

 

Adjustment of Status seems to be taking much much longer than any delay in EAD, which it seems the OP does not need.

 

Unauthorised work is anyway 'forgiven' when adjusting through Marriage to a USC.

 

Bigger issue is Tax but that is beyond me.

 

Eh? K1 visa holders are not authorized to work without an EAD. And I wouldn't recommend working illegally on a K1 visa while here and then using that as financial evidence for USCIS! 

 

OP, you could try using just your assets, but from what I've seen on VJ etc, it seems assets don't always work even if they're more than sufficient.

[Boiler 45,670]

Just now, Hamilton said:

Eh? K1 visa holders are not authorized to work without an EAD. And I wouldn't recommend working illegally on a K1 visa while here and then using that as financial evidence for USCIS! 

 

OP, you could try using just your assets, but from what I've seen on VJ etc, it seems assets don't always work even if they're more than sufficient.

You are wrong. EAD is just the evidence.

[Hamilton 511]

1 minute ago, Boiler said:

You are wrong. EAD is just the evidence.

Suit yourself. Gee, I wonder why all these K1 visa holders aren't working the moment they get to the US? 

[Boiler 45,670]

4 minutes ago, Hamilton said:

Suit yourself. Gee, I wonder why all these K1 visa holders aren't working the moment they get to the US? 

Most need EAD which takes longer than the 90 days under a K1.

[Moosebites 3]

Ok, so it seems that using my current income as evidence on the affidavit is going to be problematic then, because there's a period where I'm waiting for my employment authorisation and won't be allowed to work (bit of a catch 22, that...)

 

I can't believe EADs are taking so long! That's... really hostile and problematic. I don't know what I'll do with myself if I can't work for that long!

 

I guess we'll have to put my fiance's income (even though it's casual work), AND my assets, and maybe write a letter to go with it stating that he is currently looking for salaried work and was a student until recently which is why he doesn't have tax returns from the last few years. Hopefully that will be enough - my assets alone *should* be enough, but as someone said above, not having any income could be problematic. I know they don't look favourably on casual income though.

[Boiler 45,670]

2 hours ago, Moosebites said:

Ok, so it seems that using my current income as evidence on the affidavit is going to be problematic then, because there's a period where I'm waiting for my employment authorisation and won't be allowed to work (bit of a catch 22, that...)

 

I can't believe EADs are taking so long! That's... really hostile and problematic. I don't know what I'll do with myself if I can't work for that long!

 

I guess we'll have to put my fiance's income (even though it's casual work), AND my assets, and maybe write a letter to go with it stating that he is currently looking for salaried work and was a student until recently which is why he doesn't have tax returns from the last few years. Hopefully that will be enough - my assets alone *should* be enough, but as someone said above, not having any income could be problematic. I know they don't look favourably on casual income though.

Not sure you read everything, if you think EAD takes a long time look at how long GC Interviews take.

 

Remember there are 2 issues for the I 864, having filed taxes or having a reason why you did not have to and current income level.

[arken 4,197]

3 hours ago, Moosebites said:

 

I guess we'll have to put my fiance's income (even though it's casual work), AND my assets, and maybe write a letter to go with it stating that he is currently looking for salaried work and was a student until recently which is why he doesn't have tax returns from the last few years. Hopefully that will be enough - my assets alone *should* be enough, but as someone said above, not having any income could be problematic. I know they don't look favourably on casual income though.

May be if he does lil bit more uber or such, he will have proof of more income by AOS filing time so that your assets would look much more than 3x the difference. 

 

The letter might do more harm than help. It proves that his current source of income isn’t stable. I wouldn‘t recommend such letter. USCIS looks for numbers for i864 not words. 

 

 

[Moosebites 3]

1 hour ago, Boiler said:

Not sure you read everything, if you think EAD takes a long time look at how long GC Interviews take.

 

Remember there are 2 issues for the I 864, having filed taxes or having a reason why you did not have to and current income level.

I know the Greencard takes like a year. But that's a lot less urgent than the ability to work! 

 

1 minute ago, arken said:

May be if he does lil bit more uber or such, he will have proof of more income by AOS filing time so that your assets would look much more than 3x the difference. 

 

The letter might do more harm than help. It proves that his current source of income isn’t stable. I wouldn‘t recommend such letter. USCIS looks for numbers for i864 not words. 

 

 

Thanks for the tip.

[Hamilton 511]

Also, I wonder if it might be a problem if your assets are in the UK not the US. One of the criteria is you should be able to liquify the assets easily. I imagine they'll scrutinize non-American assets a lot more. 

[Boiler 45,670]

I can transfer money in 48 hours.

[Moosebites 3]

7 minutes ago, Hamilton said:

Also, I wonder if it might be a problem if your assets are in the UK not the US. One of the criteria is you should be able to liquify the assets easily. I imagine they'll scrutinize non-American assets a lot more. 

It's all cash. I'll be transferring it to a US bank account as soon as I open one, shouldn't take more than a few days once I have my SSN.