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Posted

Hello!

 

We are applying for my wife's CR-1 visa via a Direct Consular Filing in Bangkok, Thailand.

 

My wife and I are both paid a monthly wage from our Thai company. My wage is documented in Thai tax returns and my US tax return (with FEIE). My wife's wage is documented only in her Thai tax returns.

 

Can we use her (the intending immigrant's) income on our I-864?

 

Would we need to write a letter on our company's letterhead saying that we intend to keep paying ourselves the same wages even when we move to the US? Our wages are for managing our hostel online (we don't do day-to-day shifts at the actual business).

 

Thanks for your help,

Mitch

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

1. This is rare case so some one with more knowledge may confirm this

 

If you guys have lived together for at least 6 months (I assume you guys do) - she can file I-864A to include her Thai income (you still need to file your I-864). The worse case: they will reject it but it is something you guys can do.

 

2. If you mean to obtain a letter of employment verification from employer then do it if you can.  It can only help (or has zero impact) but not hurt.

 

 

 

 

Posted

If the income will continue from the same source upon coming to the US, then the income can be included. Documentation of the income and that it will continue from the same source should be provided.

The CO will make the decision on the public charge concern based upon the totality of the circumstances.

 

19 minutes ago, VNN said:

If you guys have lived together for at least 6 months (I assume you guys do) - she can file I-864A to include her Thai income (you still need to file your I-864). The worse case: they will reject it but it is something you guys can do.

There's no minimum period of time living together necessary to qualify for an I-864A.

No I-864A is needed if the household member is the intending immigrant and there are no accompanying dependents.

See Part 6, q. 22: "One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents."

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
8 hours ago, geowrian said:

If the income will continue from the same source upon coming to the US, then the income can be included. Documentation of the income and that it will continue from the same source should be provided.

The CO will make the decision on the public charge concern based upon the totality of the circumstances.

Yes we plan on continuing to pay ourselves our salaries even when we move back to the US (our business is a guesthouse with a full time manager that pretty much runs itself).

 

Have you heard of a case like this? Would an official letter on company letterhead explaining that we plan on continuing to pay ourselves once in the US suffice?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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