Using the intending immigrant’s income

[FromUK 0]

Hi there,

 

I'm very much getting ahead of myself here, as we’ve only just submitted the I-130, but I just want to start organising things as best as I can. 
 

I’m the beneficiary. I currently work for a UK company that is part of a global organisation, headquartered in the US. 
 

It is possible that I will be able to have my role transferred to the US. I would be paid by the parent company instead of the UK company.

 

I was going to raise this with my employer once I had an interview date, because I figured if they take it the wrong way and take it as me serving my notice or similar, at least I won’t be missing out on so much work! But, if it’s something that I can use for the I-864/visa application itself, maybe I should risk requesting a transfer earlier. 

Two questions:

1. Would this count as income continuing from the same source?

2. When would be the right time to submit evidence of this? At interview, or before, during the I-864 and visa stage?

 

Extra info: We have assets in excess of the requirements, and my US citizen spouse lives and works in the UK. We’re aware of the requirements to re-establish domicile and are working on that too. 
 

Thanks in advance!

[Boiler 45,583]

Yes

 

Probably some time in 2022, difficult to say with Covid etc.

[FromUK 0]

Fantastic, thank you! Appreciate that nobody can provide timelines - I was more wondering what evidence I’d need to submit at which stage. 

[Wuozopo 4,293]

6 hours ago, FromUK said:

Fantastic, thank you! Appreciate that nobody can provide timelines - I was more wondering what evidence I’d need to submit at which stage. 

 You submit the I-864 affidavit of support to NVC. If you will print out a copy of the I-864 and read the instructions carefully while looking at the form, it will answer some of you question. The first part is a lot of gobbledegook but further along you will find things like “ Using the intending immigrant’s income” and about using assets. Your would need something from the employer proving income would continue. Assets would require financial statements. You don’t have to prove both if you qualify with 3xassets...around $60k. 
 

Your US spouses tax return is required.

[pushbrk 12,911]

3 hours ago, Wuozopo said:

 You submit the I-864 affidavit of support to NVC. If you will print out a copy of the I-864 and read the instructions carefully while looking at the form, it will answer some of you question. The first part is a lot of gobbledegook but further along you will find things like “ Using the intending immigrant’s income” and about using assets. Your would need something from the employer proving income would continue. Assets would require financial statements. You don’t have to prove both if you qualify with 3xassets...around $60k. 
 

Your US spouses tax return is required.

A better procedure is to download the I-864 and its instructions, study the instructions, complete the form, THEN print, but the above order works for paper addicts.  😉

[FromUK 0]

Lol. Thank you both. I will indeed study in detail. We do have over the 60k assets, but my US citizen spouse will have $0 US-based income, and I was thinking that if my income can continue when we move, and I can show that, it would help.

 

It sounds like transferring my role to the US parent company would count as income from the “same source”, therefore we should try to have that in place before we submit the I-864. I was under the impression that it might only count as a “job offer” as such, and therefore be helpful in interview and show that I had a plan for health insurance, but not count towards the sponsorship requirements. Seems like perhaps I was mistaken. 
 

Regardless, I need to cross my fingers and wait for the I-130 to be reviewed first, then raise the subject with my employer and see what they say, which might be the biggest challenge. 

 

Thanks again. 

[Wuozopo 4,293]

1 hour ago, FromUK said:

We do have over the 60k assets, but my US citizen spouse will have $0 US-based income, and I was thinking that if my income can continue when we move, and I can show that, it would help.

More specifically you need 3x$21,550 if it’s only US citizen and immigrant. If children too, then see guidelines for 3, 4 or more family members. https://www.uscis.gov/i-864p  That’s the 2020 poverty guidelines and the numbers may change soon, so check them again when your I-130 is approved. 

 

1 hour ago, FromUK said:

and I was thinking that if my income can continue when we move, and I can show that, it would help.

 

You don’t really need to show more than one way to qualify. Two proofs does not get you more approved. Go with what is easiest for you. 

 

1 hour ago, FromUK said:

It sounds like transferring my role to the US parent company would count as income from the “same source”, therefore we should try to have that in place before we submit the I-864. I was under the impression that it might only count as a “job offer” as such, and therefore be helpful in interview and show that I had a plan for health insurance, but not count towards the sponsorship requirements. Seems like perhaps I was mistaken. 

Yes that would have to be in place with the boss...not the actual transfer, but a letter confirming your job, that it will continue once you are in the US, and your salary in $$$. BUT assets would get you covered so you don’t have to do this. London is not nitpicky about this and don’t usually ask about health insurance.

 

And yes I am a paper freak because I don’t have to jump between screens. And more so this week because in Texas we have extreme weather conditions and are not equipped to handle -15°C. 35 hours straight with no power to heat home, no water, no internet, mobile phone not getting a signal, stores out of food, etc.  Power restored briefly then off again, on again. This is a lucky time with power and internet for me. 🥶

 

 

 

Edited February 18, 2021 by Wuozopo

[FromUK 0]

Thanks again, I’m starting to lean back towards only showing assets (unless they massively increase the requirements, we should still very comfortably qualify). No kids which helps in that regard. I guess the more you show the more they can take issue with/ask questions about. 

 

Glad to hear that London is relaxed about the health insurance. Fully intend to get coverage in place for when I move, but at least that’s something I won’t have to worry about so much in advance. 
 

Hope you’re still staying warm and safe!

[Wuozopo 4,293]

7 hours ago, FromUK said:

Thanks again, I’m starting to lean back towards only showing assets (unless they massively increase the requirements, we should still very comfortably qualify). No kids which helps in that regard. I guess the more you show the more they can take issue with/ask questions about. 

 

Glad to hear that London is relaxed about the health insurance. Fully intend to get coverage in place for when I move, but at least that’s something I won’t have to worry about so much in advance. 
 

Hope you’re still staying warm and safe!

The poverty level normally increases only a small amount yearly or even stays the same some years. Not sure what you mean by “the more you show the more they can take issue with”. 
If they ask about health insurance, you can say you are working out details to work for the US office of your current employer which will include health insurance benefits. They should be satisfied with that. The interview in London is a short friendly chat standing at a window much like a teller window at a bank or the post office. No complicated interrogation you might be imagining. 
Thank you. We have power and water at present. Heat thawing out our bones helps immensely.

[FromUK 0]

Apologies, missed your response until now. 
 

When I said that the more you show the more they can take issue with, I was just imagining that if I come with more evidence than I need, the interviewer might start combing through it all looking for anything they can catch me out on. From what I’m gathering, it’s not really like that.

 

Thank you again. I definitely feel more at ease about the financial evidence situation. Now I just need to sit back and hope for no RFEs on my I-130, and think about what documents etc I’ll need for the next stage. 
 

Glad to hear you still had heat and water.