Sponsor for I-864 using Foreign Earned Income (that will continue after move to U.S.)

[missvanfan 0]

Hello,

 

I'm trying to figure out if I'll be able to have an I-864 approved (as the only sponsor) using my Foreign Earned Income that can/will (if I choose) continue after moving back to the US - since I work remotely. I've been living and working abroad in Latvia to be with my wife (non resident alien) for the past 2-3 years. I've filed my tax returns for the past two years using the Foreign Earned Income Exclusion, but will not take the FEI Exclusion this year (2021) to help with the I-864. Has anyone had personal experience with this situation, or is trained in immigration law and knows if this will work? 

 

The main reasons for this approach is to avoid asking someone to be a joint sponsor and to minimize any possible time that I would be away from my wife. I have plenty of ties to the U.S., so the domicile should be okay.

 

Thanks in advance for anyone times and help!

 

-Chuck

 

 

[missvanfan 0]

Also, I forgot to mention that I do not have enough assets for the 3 x 125% - unfortunately. 

[Chancy 6,241]

On 7/19/2021 at 8:37 PM, missvanfan said:

I've been living and working abroad in Latvia to be with my wife (non resident alien) for the past 2-3 years.

 

As long as you have evidence that your income is sufficient and will continue from the same source after you move back to the US, you may use your foreign income to qualify as sole financial sponsor.

 

[pushbrk 12,898]

4 hours ago, Chancy said:

 

As long as you have evidence that your income is sufficient and will continue from the same source after you move back to the US, you may use your foreign income to qualify as sole financial sponsor.

 

Correct, and there is no reason to stop taking the FIE.  It won't help.  You just provide evidence the income will continue from the same source.  Just curious though.  Is your remote work for a US company or other?

[missvanfan 0]

@Chancy - Thank you. 😊

 

 @pushbrk - thank you 😊. About the FIE... The reason that I thought I should not take it this year is because it makes my 'Total Income' = $0 - for line 24 under part 6 (Federal Income Tax Return Information). The I-864 instructions state: "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income." Doesn't this look very bad that my 'Total Income' is $0 - I guess I could explain to the NVC that I have taken the FIE in a cover letter and/or a supplemental document packet that I'll have to include anyway to prove that I still am domiciled in the US. Is that why you say there is no reason to stop taking the FIE?

 

My remote work is for a Latvian company (with no US affiliation). 

[pushbrk 12,898]

13 hours ago, missvanfan said:

@Chancy - Thank you. 😊

 

 @pushbrk - thank you 😊. About the FIE... The reason that I thought I should not take it this year is because it makes my 'Total Income' = $0 - for line 24 under part 6 (Federal Income Tax Return Information). The I-864 instructions state: "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income." Doesn't this look very bad that my 'Total Income' is $0 - I guess I could explain to the NVC that I have taken the FIE in a cover letter and/or a supplemental document packet that I'll have to include anyway to prove that I still am domiciled in the US. Is that why you say there is no reason to stop taking the FIE?

 

My remote work is for a Latvian company (with no US affiliation). 

Are you "Employed" or "Self Employed"?

[missvanfan 0]

@pushbrk - I am "Employed"

[pushbrk 12,898]

15 hours ago, missvanfan said:

@pushbrk - I am "Employed"

Then current income that will be ongoing and used to qualify, comes from an employer letter indicating your gross pay and that it will continue once you are in the USA.  It's sufficient for the letter to say the income will continue without regard to where you live.

[missvanfan 0]

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8 hours ago, pushbrk said:

Then current income that will be ongoing and used to qualify, comes from an employer letter indicating your gross pay and that it will continue once you are in the USA.  It's sufficient for the letter to say the income will continue without regard to where you live.

 

@pushbrk - Thank you for your time, help, and kindness by answering my post - I really appreciate it. 😊 

 

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On 7/21/2021 at 1:58 AM, pushbrk said:

Correct, and there is no reason to stop taking the FIE.  It won't help.  You just provide evidence the income will continue from the same source.  Just curious though.  Is your remote work for a US company or other?

 

@pushbrk - Could you please elaborate on why you said "Correct, and there is no reason to stop taking the FIE.  It won't help." ?

[pushbrk 12,898]

15 hours ago, missvanfan said:

@pushbrk - Thank you for your time, help, and kindness by answering my post - I really appreciate it. 😊 

 

@pushbrk - Could you please elaborate on why you said "Correct, and there is no reason to stop taking the FIE.  It won't help." ?

Chancy's statement was correct.  Stopping the FIE does not change your current income, because current income doesn't come from any tax return.  In your case, it will be from an employer letter.  You're going to provide a complete copy of your tax return and they'll review all relevant parts of it, not just look at one number.  Think totality of circumstances and don't get hung up on one number on one line.

[missvanfan 0]

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On 7/24/2021 at 2:10 AM, pushbrk said:

Chancy's statement was correct.  Stopping the FIE does not change your current income, because current income doesn't come from any tax return.  In your case, it will be from an employer letter.  You're going to provide a complete copy of your tax return and they'll review all relevant parts of it, not just look at one number.  Think totality of circumstances and don't get hung up on one number on one line.

Okay, great - that makes sense; Thank you very much @pushbrk! ☺️