Consulted lawyer re: I-864

[moeandlu 4]

Hi!

 

im us citizen living/working in UK with UK husband. Filing DCF and have medical scheduled for 14th sept. 

 

For the I-864, I make more than enough with my UK salary. My impression was that this would be void as will cease with relocation back to the US. My parents met with an immigration lawyer in the US yesterday who advised it did not matter where the salary was from, it’s to show your earning capacity, and that we therefore don’t need to worry about providing proof of liquid assets x 3 the difference (which we had thought amounted to $61k). Everything up to that point yesterday had made me think we had to have either a US salary or liquid assets (or a co sponsor). 

 

Can anyone who has done this confirm if their foreign salary was acceptable even though due to end? 

 

Also, do we need to wait until after the medical to schedule the interview?

[Crazy Cat 41,894]

You are correct, and the attorney is wrong.  If using current/future income, it must be from a source which will continue after relocating to the US.

 

You will have to use assets or get a joint sponsor if you have no income which will continue after relocating to the US.

Edited August 21, 2018 by missileman

[Crazy Cat 41,894]

This is from the actual instructions page for the I-864 from USCIS:

 

"You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrants named in this affidavit, if it becomes necessary."

 

 

 

[moeandlu 4]

16 minutes ago, missileman said:

This is from the actual instructions page for the I-864 from USCIS:

 

"You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrants named in this affidavit, if it becomes necessary."

 

 

 

Thanks! Yeah I’m well aware of the form, it doesn’t specify that the income has to be the case when the beneficiary actually moves. My current UK salary will end when we move, so does that still count as an acceptable salary for USCIS? It seems to make no sense although it’s what this attorney has advised. Because, what good will my current salary do if it’s from the UK, unless they really do just look for “earning potential” - that’s my question:)

[moeandlu 4]

29 minutes ago, missileman said:

You are correct, and the attorney is wrong.  If using current/future income, it must be from a source which will continue after relocating to the US.

 

You will have to use assets or get a joint sponsor if you have no income which will continue after relocating to the US.

Sorry I didn’t see the first reply before replying!