How to use filed tax returns on I-864 if US citizen (sponsor) works abroad

[SquirrelRo 0]

My husband is a US citizen, the petitioner and the sponsor for my green-card application. We have been living and working outside the United States and we have child. He's filled tax returns and makes above 125% poverty line, however, he will quit this job when my visa is approved. So, he has no income from the US, only from overseas. How does he use this income on I-864?

We don't have a co-sponsor and plan to use only assets (his house in the US and my house outside the US, as well as some savings) to satisfy the requirements. It is clear to me how he will go about re-establishing domicile (he practically only had "temporary" work visas for 20 years !!! overseas while maintaining a driver's licence, bank account, mailing address and a property in his name, filed tax returns etc). But it is not clear what income to write on the I-864. What is his anticipated income for the current year, since the current job cannot continue?

[Just Paul 4,595]

19 minutes ago, SquirrelRo said:

he has no income from the US, only from overseas. How does he use this income on I-864?

You don't

19 minutes ago, SquirrelRo said:

We don't have a co-sponsor and plan to use only assets (his house in the US and my house outside the US, as well as some savings) to satisfy the requirements.

You can't use the US house as an asset.  Assets have to be liquid.  If the US house were sold where would you live?  You can sell your house and put those proceeds into a US bank account and then show the cash as an asset.   If he has any other assets like bank accounts, investment accounts, rental properties in the US, those can be used as assets.

 

Or he can move back to the US and get a job and show that as the current income.

[pushbrk 13,184]

10 hours ago, Paul & Mary said:

You don't

You can't use the US house as an asset.  Assets have to be liquid.  If the US house were sold where would you live?  You can sell your house and put those proceeds into a US bank account and then show the cash as an asset.   If he has any other assets like bank accounts, investment accounts, rental properties in the US, those can be used as assets.

 

Or he can move back to the US and get a job and show that as the current income.

Correct but to clarify, only "liquid assets" can be used to offset an income shortfall.  In this case, the petitioner's current income is ZERO, for the purposes of the affidavit of support and the shortfall will be ALL of the actual income requirement.  The liquid assets must be three times the amount of the income requirement, at minimum.  Houses are not liquid.  If your savings is adequate, no need to sell the house abroad.  There is not necessarily a need to sell the house abroad to qualify but cash is always considered liquid.  Depending on the country and circumstances, it can be extremely difficult to determine either actual equity or how fast the house could sell.  You've got some thinking to do.

 

Option is always there for the US Citizen to get back to the US and get a job.

[SquirrelRo 0]

How many months would my husband need to be working in the US before he would qualify as a sponsor? 

And would he have time to respond after I-130 gets approved? We really don't know how long that would take. When you have a 5 year old, it's horrible to be separated even for one day.

My husband is entitled to get his parents' house and has a letter stating that as rightful heir he and his family have the right to live on his mom's property indefinitely (unfortunately we haven't notarized this letter!!!, but could certainly do it). We are in the process of renting out the other house which my husband owns in his name. That would hopefully provide some income for I-864. 

What about savings in my husband's foreign account? He hasn't transferred much into the US account. I understand bank statements must prove the money was there for at least a year.

[pushbrk 13,184]

13 hours ago, SquirrelRo said:

How many months would my husband need to be working in the US before he would qualify as a sponsor? 

And would he have time to respond after I-130 gets approved? We really don't know how long that would take. When you have a 5 year old, it's horrible to be separated even for one day.

My husband is entitled to get his parents' house and has a letter stating that as rightful heir he and his family have the right to live on his mom's property indefinitely (unfortunately we haven't notarized this letter!!!, but could certainly do it). We are in the process of renting out the other house which my husband owns in his name. That would hopefully provide some income for I-864. 

What about savings in my husband's foreign account? He hasn't transferred much into the US account. I understand bank statements must prove the money was there for at least a year.

You've heard a lot of strange things.  Rental income is not "income" in this context until it appears on a tax return.  Before that, it is only "revenue", not income.  Typically landlords have tax advantages that result in showing little if any actual income.  Liquid assets must equal 3 times the income shortfall.  No, they do not have to have been there for a year.  Cash anywhere is still "liquid".

 

There is no specific amount of time your husband needs to be working at his new job.  This is all a judgment call made at the time of interview, and based on the totality of circumstances.  The only sure thing in the financial end of this process is that if the income is that if one clearly does not qualify as sponsor, there will be no visa.