Questions about Affidavit of Support for AOS

[noront 6]

I have been living in the U.S. for the past year on a temporary work permit, working for a foreign employer, but paid in the U.S. 

 

My wife, a USC, has not earned income in many years. We were living in another country,  where I sponsored her to become a citizen. We were offered the chance by my employer to relocate to the U.S. last year. Now we are looking into how my wife can sponsor me to adjust my status from temporary work permit to green card.

 

My question is about the income requirements under the affidavit of support.

 

I understand that I can include my income as household income if I provide proof that my income will continue after AOS.  

 

My employment letter states that I have been offered a job in a specific U.S. office for an "initial period of 3 years."  (I am 1 year in to this current US assignment; 4 years with this employer.) There's a lot of language about how the location of my job, but not the job itself, is temporary and how the company reserves the right to relocate me back to its head office (outside of the US) at any time. This is boilerplate language they put in all their contacts. In reality it's a permanent position that I expect to continue indefinitely and certainly longer than 3 years. My work permit does not have an expiry date on it. It is listed as "duration of status" which I understand to mean as long as my current position with the same employer continues.

 

Also, since my USC spouse has not earned income in many years she has also not filed taxes in the U.S. in a number of years. I've filed my U.S. taxes for 2017, but did so "married, filing separately" as my wife did not want my income affecting her student loan repayment requirements. I claimed my wife as a dependant.

 

My questions are:

 

Can I include my income in our household income, especially given the wording of my employment letter? 

Should my wife find a joint sponsor? (She has family members living in other U.S. states who are citizens.) 

Should my wife retroactively file any tax returns for past years even though her income was $0?

I earn a high income but unfortunately we do not have assets to meet the 5x poverty requirement.

 

Thank you.

[azblk 338]

45 minutes ago, noront said:

I have been living in the U.S. for the past year on a temporary work permit, working for a foreign employer, but paid in the U.S. 

 

My wife, a USC, has not earned income in many years. We were living in another country,  where I sponsored her to become a citizen. We were offered the chance by my employer to relocate to the U.S. last year. Now we are looking into how my wife can sponsor me to adjust my status from temporary work permit to green card.

 

My question is about the income requirements under the affidavit of support.

 

I understand that I can include my income as household income if I provide proof that my income will continue after AOS.  

 

My employment letter states that I have been offered a job in a specific U.S. office for an "initial period of 3 years."  (I am 1 year in to this current US assignment; 4 years with this employer.) There's a lot of language about how the location of my job, but not the job itself, is temporary and how the company reserves the right to relocate me back to its head office (outside of the US) at any time. This is boilerplate language they put in all their contacts. In reality it's a permanent position that I expect to continue indefinitely and certainly longer than 3 years. My work permit does not have an expiry date on it. It is listed as "duration of status" which I understand to mean as long as my current position with the same employer continues.

 

Also, since my USC spouse has not earned income in many years she has also not filed taxes in the U.S. in a number of years. I've filed my U.S. taxes for 2017, but did so "married, filing separately" as my wife did not want my income affecting her student loan repayment requirements. I claimed my wife as a dependant.

 

My questions are:

 

Can I include my income in our household income, especially given the wording of my employment letter? 

Should my wife find a joint sponsor? (She has family members living in other U.S. states who are citizens.) 

Should my wife retroactively file any tax returns for past years even though her income was $0?

I earn a high income but unfortunately we do not have assets to meet the 5x poverty requirement.

 

Thank you.

Using a joint sponsor is normally the easiest thing to do in these situations but yes you can use your income to complete i-864.  Also as the spouse of a us citizen  using assets in lieu of incomes, the assets only have to 3X the poverty level.

[noront 6]

Thank you! We might be able to do 3X poverty level, in which case I assume I should transfer these assets into her name?

[azblk 338]

12 minutes ago, noront said:

Thank you! We might be able to do 3X poverty level, in which case I assume I should transfer these assets into her name?

Not necessary. Both names, your name or her name is sufficient.  some assets can be hers and some yours.

 

https://www.ilw.com/articles/2006,1128-wheeler.shtm

Edited April 13, 2018 by azblk
clarification

[noront 6]

I was wondering if someone could address the issue of filing taxes retroactively when my spouse did not earn income. I am worried that the lack of tax filings might be a concern to immigration officials, even though she was not required to file due to earning no income in the past several years. Is it worth filing past tax returns with $0 just to have a record of tax filings or is that pointless?