I-864 using intending immigrant's assets and USC sponsor income

[mxcode 0]

Hello,

 

I'm a Romanian citizen married abroad to a U.S citizen. We're planning to relocate to the US. We have everything ready for the I-130. We're confident about this first step as we've been living together for many years. Assuming everything will be fine for the I-130, we're trying to figure out how to plan for what comes next, which is the I-864. We're thinking about it in advance because the I-130 processing takes time and we want to use that time wisely. Here's where we are and what we're trying to figure out:

 

- We have been living abroad together for many years - my wife (sponsor) hasn't had an income for the past three years

- I (intending immigrant) have about 52,000 USD in a savings account which I plan to use as assets (long term savings account, have been adding about 10k to it each year for the past four or so years - so can show history)

- My assets alone do not meet the 3 x 125% minimum income requirement, though they come pretty close (around 10k short in assets on a household of 2)

- My wife is planning to move to the US at about the same time I send for the I-130 (June this year). This will give her time to get a job, rent a place to stay (domicile, as we will both live here if all goes well), and everything else. Then, with some variation based on processing times, this would mean she can get 6 months of work this year and a few the next year by the time the I-864 kicks in.

 

Here is my main question:

In your opinion and experience on these matters, how long would she have to employed in the US for the NVC officer to be satisfied we have met a standard of approval?

I'm not asking about the math here, because in any case, we'll have enough current income+assets to show we are above the minimum.

 

What I'm asking about is this: She hasn't had any income for the past three years but we do have assets that almost cover our requirement. Given this, would you say being employed for 3 months or so would be enough? If not, then how many months? 6? 12?  

 

We're just trying to figure out the best way to go about this so we spend as little time apart as possible while at the same time not compromising on what we need for getting the application approved. Being apart from each other for a year would be a significant hardship, especially since we began as a long distance relationship and are REALLY not wanting to go back to it IF it can be avoided.

 

Continuing on that thought: We might have the option of a joint sponsor. If we do, should we just go that route directly? I'd hate to think that, when the time comes, all our efforts, months in advance, result in a request for a joint sponsor anyway and then we could have just both waited over here and went to the US later on together.

 

Thank you in advance for your help. 

 

 

 

 

 

 

 

[mxcode 0]

No one can help with this? Any information at all would be appreciated. Thanks.

[John & Rose 7,240]

Assets that are counted require 3x the amount needed.  A family of 3 at 125% of the poverty level is $26,662.  To use assets alone you would need $79,986 in the bank.

 

Since they use the latest tax transcript to determine income, she would need to work long enough that the tax transcript for 2019 shows earnings of $26,662.  That is the tax return that is submitted in April of 2020.  I would anticipate that number being slightly higher when the release the 2020 numbers around next February.

 

I would get a co-sponsor in place prior to the NVC portion.  You have a few months after filing to get that in place.

Edited May 1, 2019 by John & Rose

[pushbrk 13,240]

1 hour ago, John & Rose said:

Assets that are counted require 3x the amount needed.  A family of 3 at 125% of the poverty level is $26,662.  To use assets alone you would need $79,986 in the bank.

 

Since they use the latest tax transcript to determine income, she would need to work long enough that the tax transcript for 2019 shows earnings of $26,662.  That is the tax return that is submitted in April of 2020.  I would anticipate that number being slightly higher when the release the 2020 numbers around next February.

 

I would get a co-sponsor in place prior to the NVC portion.  You have a few months after filing to get that in place.

My answer is a little different but the advice is the same. They "use" the totality of circumstances to determine the "public charge" issue.  It's always a judgment call by a Consular Officer.  "They" as in the National Visa Center, make decisions about sending a notice "suggesting" a joint sponsor, based on the most recent tax return, but NVC does not make the REAL or ultimate public charge decision.  I would have  a full set of documentation from a qualified joint sponsor with you at the interview, just in case, OR you could just submit that to NVC with the petitioner's affidavit to avoid any delays.

[mxcode 0]

So if I understand correctly:

 

1. On the I-864, assets and income can be used cumulatively to meet requirements. My assets alone are not enough, so my wife would need to work in the US enough time so that the tax transcript for 2019 would show that her income was sufficient to cover the difference. (of course she would continue to be employed through 2020 as well)

 

2. Using a joint sponsor from the beginning on top of all of this is the way to go to avoid any delays, if we have this option. 

 

Thank you for your input, it's been quite helpful.

 

 

 

 

 

 

 

[John & Rose 7,240]

5 minutes ago, mxcode said:

So if I understand correctly:

 

1. On the I-864, assets and income can be used cumulatively to meet requirements. My assets alone are not enough, so my wife would need to work in the US enough time so that the tax transcript for 2019 would show that her income was sufficient to cover the difference. (of course she would continue to be employed through 2020 as well)

 

2. Using a joint sponsor from the beginning on top of all of this is the way to go to avoid any delays, if we have this option. 

 

Thank you for your input, it's been quite helpful.

 

 

 

 

 

 

 

That is correct.  It is up to the CO.  If you can convince them that you are good on your own then you are fine.  The odds are a good co-sponsor will make things much easier.