Jump to content
NotAFish

Clarification of i-864 from another thread (FEIE)

 Share

11 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

I read in another thread:

Quote

Just to clarify....foreign income can be counted. But it must continue from the same source upon returning to the US. If it does not meet that condition, then the income is not counted.

I did not want to derail that thread with my own question, so I am asking here.

 

Do I need to show evidence that the income source will continue?

 

If so, what is considered acceptable evidence?

 

Thanks!

Link to comment
Share on other sites

43 minutes ago, NotAFish said:

I read in another thread:

I did not want to derail that thread with my own question, so I am asking here.

 

Do I need to show evidence that the income source will continue?

 

If so, what is considered acceptable evidence?

 

Thanks!

Hmmm, good question. I would assume maybe a statement from your employer or whoever issues the payment which is classified as income.
Maybe specify what type of income you're talking about (salary, child support, etc.) so people can help answer your question better.

Marriage: 03/16/2018 ❤️💍👱‍♀️🧑
Birth of our daughter: 11/24/2018 👶🥰

USCIS Stage

I-130 submitted: 10/01/2019 😃
I-130 USCIS Lockbox received: 10/03/2019 
I-130 NOA1 received: 10/08/2019 --> Assigned to Nebraska Service Center 😩
I-129F (K3) submitted: 11/01/2019 :idea:

I-129F (K3) USCIS Lockbox received: 11/06/2019 

I-129F (K3) NOA1 received: 11/14/2019 😃🙏🏻
I-130 approved: 05/21/2020 —> NOA2 came from Texas Service Center 🥳❤️

 
NVC Stage
Case Number received: 05/22/2020 —> via Email 😃
Paid IV and AOS fee: 05/23/2020
IV fee processed (AOS fee is stuck😭) 05/28/2020
Submitted IV application and civil documents: 06/02/2020
Submitted inquiry to NVC for AOS fee being "stuck" (known NVC system issue): 06/02/2020 --> Let the waiting begin - again.... 
AOS fee finally marked as payed: 06/10/2020 🥳
 
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
2 minutes ago, B&C2017 said:

Hmmm, good question. I would assume maybe a statement from your employer or whoever issues the payment which is classified as income.
Maybe specify what type of income you're talking about (salary, child support, etc.) so people can help answer your question better.

That's a good point.

 

I have a small business private practice where I work with clients around the world through videoconferencing.  I am self employed and will continue to have the same clients when I return to the USA.

Link to comment
Share on other sites

2 hours ago, NotAFish said:

I read in another thread:

I did not want to derail that thread with my own question, so I am asking here.

 

Do I need to show evidence that the income source will continue?

 

If so, what is considered acceptable evidence?

 

Thanks!

According to instructions and logic, Sponsor's income does not have to "continue" to count. However for Applicant it specifically says it does have to.

 

1 hour ago, NotAFish said:

That's a good point.

 

I have a small business private practice where I work with clients around the world through videoconferencing.  I am self employed and will continue to have the same clients when I return to the USA.

That sounds good. Just provide explanation and some evidence of what you do. Adding invoices plus bank statement showing account being credited with international payments from foreign clients should do the trick for ya.

Edited by Punisher
Link to comment
Share on other sites

2 hours ago, NotAFish said:

That's a good point.

 

I have a small business private practice where I work with clients around the world through videoconferencing.  I am self employed and will continue to have the same clients when I return to the USA.

Self employed income is shown on the tax return not through w2 generally. You can count the income and explain how it will continue (self employed online only business.)

37 minutes ago, Punisher said:

According to instructions and logic, Sponsor's income does not have to "continue" to count. However for Applicant it specifically says it does have to.

 

That sounds good. Just provide explanation and some evidence of what you do. Adding invoices plus bank statement showing account being credited with international payments from foreign clients should do the trick for ya.

Sponsors income also must continue. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Haiti
Timeline
1 hour ago, Punisher said:

According to instructions and logic, Sponsor's income does not have to "continue" to count. However for Applicant it specifically says it does have to.

 

That sounds good. Just provide explanation and some evidence of what you do. Adding invoices plus bank statement showing account being credited with international payments from foreign clients should do the trick for ya.

Make sure the amount is listed in US dollars.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Link to comment
Share on other sites

5 hours ago, NikLR said:

 

Sponsors income also must continue. 

You're not the first one I see claiming that sponsor's income must also continue to be counted. I haven't seen anything in the instructions that would support that claim. But I would love to be proven wrong!

Every time I see this requirement it is always strictly in regards to the applicant. Did I miss something?

 

Care to back up your claim?

 

I'm looking for the quotes from instructions especially, not anecdotal evidence from other's tales. Also, I realize that contractors at NVC may be sometimes requiring things that are contrary to official instructions but that's another story. 

Edited by Punisher
Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Hire a good CPA. Always worth the money. I got into a little trouble with the IRS many years ago. Hired a competent CPA with IRS experience and saved myself a ton of money and grief. Have been using her ever since and have saved myself a lot of hard-earned cash and never have to worry about anything. When I went through my visa journey, she had everything ready to go. Worth it.

Link to comment
Share on other sites

Yes, the income must continue from the same source.

This is what has worked for many others and what a CO will accept.

 

(Note: I'm not going to get involved in a discussion carried from another thread)

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

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

So just to clarify, the evidence I need to show would include:

 

1. A letter explaining the income source

2. Bank records

(I cannot show invoices, I am in healthcare and that would be a violation of HIPAA since there is personally identifying information on the invoices)

 

Is this correct?  Is there anything else that would be needed/useful?

Edited by NotAFish
Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

~~~Hijack post and reply to said post removed.~~~

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...