I-864 with new job/relocating to US

[archivebox 2]

We are doing a Direct Consular Filing (DCF) and the Consulate just approved our petition I-130. We can now send additional information to the Consulate, including I-864 Affidavit of Support, but I am unsure how to fill in several parts. We are relocating because I have a job starting in three weeks in the USA, but I am now technically unemployed as I transition jobs. My expected annual income will more than qualify once I begin the job. But we would like to send all documentation to the Consulate to schedule the visa interview, and travel to the USA with our children, with fully intent that my spouse will return to our current country for the interview. (The job relocation was extremely short notice and my spouse will join us to visit family, help me set up things, and return to complete the process).

 

I have lived and worked abroad for 9 years. I have read that my foreign earned income will not count for the I-864. How should I go about filling out the form? I have filed taxes and will include my 2019 tax return (2020 not yet ready), but what should I include on the form for my current employer and "current individual annual income"? I have asked my father to act as a joint sponsor and he has completed a I-864 and sent me his 2019 tax return. 

 

I also am unsure what to put for "Country of domicile." Would I put the country of current residence? The instructions for I-864 state that, "If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement." 

 

I intend to send my offer letter, highlighting expected annual income, my father's documents for joint sponsorship, and a letter explaining that my wife can present at the scheduled interview with updated documentation re: my income (verification letter from company and/or at least one month's pay stubs). Will this be sufficient? 

 

 

[Boiler 45,525]

You have to show domicile in the US.

 

Use you new job income.

 

Will be assessed at the interview so you will be in the US in your new job at that time.

[pushbrk 12,898]

9 hours ago, Boiler said:

You have to show domicile in the US.

 

Use you new job income.

 

Will be assessed at the interview so you will be in the US in your new job at that time.

Yes, that is what I would do and skip the joint sponsor.  However, your spouse's entry to the US is always a judgment call on the spot.  There's no pre-approval, even with a spouse visa.

[archivebox 2]

11 hours ago, pushbrk said:

Yes, that is what I would do and skip the joint sponsor.  However, your spouse's entry to the US is always a judgment call on the spot.  There's no pre-approval, even with a spouse visa.

Thanks to you both. Are you suggesting that I first move, start the job, and only then send back packet 3? Unfortunately, I am likely to get a first paystub in 2 months, at the earliest. 

 

Or are you suggesting that I can put my expected annual income in the form, and include the offer letter? I am sure by the interview I will have a paystub or at the least a new verification letter from the employer. I ask about this possibility because I saw the I-864 instructions contain: "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income." 

[pushbrk 12,898]

11 hours ago, archivebox said:

Thanks to you both. Are you suggesting that I first move, start the job, and only then send back packet 3? Unfortunately, I am likely to get a first paystub in 2 months, at the earliest. 

 

Or are you suggesting that I can put my expected annual income in the form, and include the offer letter? I am sure by the interview I will have a paystub or at the least a new verification letter from the employer. I ask about this possibility because I saw the I-864 instructions contain: "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income." 

Boiler is often a little too brief with answers, but that is my interpretation of the suggestion.  Proceed as if you are already working.  Once you are past NVC, you'll be working before the interview.  I also cautioned you about your wife's US entry and will add that she cannot "move to the USA" even though she plans to return for the interview.  She'll be entering as a temporary visitor, subject to normal requirements and judgement calls.  Do NOT say the purpose of her "visit" is to move to the USA with her husband.  She's "visiting".  No putting the cart before the hourse.