Complicated I-864 question.

[nick050183 9]

I'm trying to figure out the best way to approach this.

 

a) I currently live in Ukraine with my wife.

b) I work remotely for the same US company I worked for 7 years prior to that while living in US (as a full time employee). But not as a full time employee anymore, as a private contractor consultant.

 

So I need to prove domicile and income. 

The thing that scares me is that my private contractor job is not guaranteed. There is no "salary". It on as needed basis. The income level for 2020 was well above the poverty level (more than double). I can confirm this with a tax return. But I can't really say for certain that it continues that way. 

 

Regarding domicile the only things I have is my mailing address in US which is my sisters residence I just directed all my mail there. Not sure how that would fly. I have a bank account in America which handles all my finances along with 3 American credit cards. 

 

I could potentially get a letter from my former employer which is also paying me as a contractor that states I have a full time job waiting for me. Though I read on the state.gov website that it is not sufficient to prove income. It may be sufficient to prove domicile?
 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos12

 

What do people who are self employed typically do in this situation? Is previous income sufficient (with a tax return) sufficient to prove future income?

 

What are the best ways to prove domicile if you don't have any property, there is no state taxes in your state and you haven't voted since 2016?

 

[SteveInBostonI130 3,454]

US bank account with activity and US tax returns, along with the physical address (no P.O. box) of your sister's place should be fine for US domicile evidence.

 

You can always provide estimated annual income as a contractor.  It is like those who are self employed.  If your sister is willing, ask her to be a joint sponsor and have her form ready to submit during the interview if the CO asks for a joint sponsor.

 

I recommend you to just submit your I-864 at the NVC stage and hold off on submitting the joint sponsor unless asked to do so during the interview.

 

[nick050183 9]

10 minutes ago, SteveInBostonI130 said:

US bank account with activity and US tax returns, along with the physical address (no P.O. box) of your sister's place should be fine for US domicile evidence.

 

You can always provide estimated annual income as a contractor.  It is like those who are self employed.  If your sister is willing, ask her to be a joint sponsor and have her form ready to submit during the interview if the CO asks for a joint sponsor.

 

I recommend you to just submit your I-864 at the NVC stage and hold off on submitting the joint sponsor unless asked to do so during the interview.

 

I'm at the NVC stage.

 

No joint sponsor for me My sister won't do it I already asked her before I left US.

 

Thanks for your help!

[pushbrk 12,889]

On 3/30/2021 at 8:20 PM, SteveInBostonI130 said:

US bank account with activity and US tax returns, along with the physical address (no P.O. box) of your sister's place should be fine for US domicile evidence.

 

You can always provide estimated annual income as a contractor.  It is like those who are self employed.  If your sister is willing, ask her to be a joint sponsor and have her form ready to submit during the interview if the CO asks for a joint sponsor.

 

I recommend you to just submit your I-864 at the NVC stage and hold off on submitting the joint sponsor unless asked to do so during the interview.

 

"As a contractor" translates to "self employed".  Current income for the self employed is ALWAYS the total income shown on the latest US Federal Tax Return.  The OP will state and document current income from their tax return.  Consular Officers are always making a judgment call and certainly know that self employed people do not have guaranteed future income.

 

Note that with so many states having "at will employment" laws, the employed have no guarantee either.

Edited April 1, 2021 by pushbrk