i-864 Financial Sponsor Requirement & Concerns (Time Sensitive)

[wonderer2505 3]

Hi Friends, 

 

I (USC) am sponsoring my Husband. However, I have lived in the UK for a few years and have not been employed (thus no tax returns 😦). 

 

• We have no 'Joint Sponsor" state side.
• He does earn above the threshold in the UK, and his employer has agreed to let him move his Job to the US, meaning it'll be : 
  • Same Company
  • (potentially) different Job title
  • Salary will be >100k (family of 5)
• I've read contradictory information about weather this will suffice and I'm quite concerned now.
  • I've heard that income needs to be state-side
  • I've read that we need tax returns to qualify
  • I've read that not filing tax, means I may not have "established domicile"

 

Will this suffice? or do we need to hold out until we have a "Joint Sponsor"?

 

Interview is supposed to be soon (days) so thoughts most welcome.

 

Thanks! 
Wonder 

Edited March 16, 2022 by wonderer2505

[Mike E 11,741]

@pushbrk

[pushbrk 12,997]

50 minutes ago, wonderer2505 said:

Hi Friends, 

 

I (USC) am sponsoring my Husband. However, I have lived in the UK for a few years and have not been employed (thus no tax returns 😦). 

 

• We have no 'Joint Sponsor" state side.
• He does earn above the threshold in the UK, and his employer has agreed to let him move his Job to the US, meaning it'll be : 
  • Same Company
  • (potentially) different Job title
  • Salary will be >100k (family of 5)
• I've read contradictory information about weather this will suffice and I'm quite concerned now.
  • I've heard that income needs to be state-side
  • I've read that we need tax returns to qualify
  • I've read that not filing tax, means I may not have "established domicile"

 

Will this suffice? or do we need to hold out until we have a "Joint Sponsor"?

 

Interview is supposed to be soon (days) so thoughts most welcome.

 

Thanks! 
Wonder 

Unfortunately or fortunately in your case, "I've read" is commonly known as an unreliable source.

 

If your husband has it in writing from his UK employer that his income will continue from the same source (US branch of same company qualifies) then he can use that income combined with or added to your zero income to qualify.  This is explained clearly if "you've read" and become an A Student of the I-864 instructions.

 

Did you REALLY file directly with the Consulate in London?  If not, you should be posting in the CR1/IR1 forum not the DCF forum.

Edited March 16, 2022 by pushbrk

[wonderer2505 3]

Hi @pushbrk thanks for your response. 

I have read the i-864 instructions, but it left me confused at best, 

e.g. In Part 6, where it talks about household income, it reads thus "Item Numbers 1. - 6. Sponsor’s Employment. Select all the boxes that apply to you. You, as the sponsor, may not rely on a household member’s income from illegal acts, such as proceeds from illegal gambling or drug sales, to meet the income requirement even if the household member paid taxes on that income."

 

Yes, it excludes illegal sources of income, but does that imply that it approves of legal sources? It seems a risk to assume that this is requisite clarity and base my whole case on an assumption, when I could instead wait and get a sponsor for example.

Are you referring to something different? It's quite a lot of content in instructions so may well have missed something.

 

The rest of the section does not provide additional clarity. I did read previously that there is a route if the funds are coming from the "same source" but I have been unable to trace this back to source.

 

By I've read., I mean testimony from others (on this forum) who have tried to do something similar and it has not been straight forward. I don't have the reference to hand, but I do recall a case where the case officer had to go get a supervisor as they were unsure if that approach was feasible. 

 

Thanks again.

 

 

 

Edited March 16, 2022 by wonderer2505

[pushbrk 12,997]

3 minutes ago, wonderer2505 said:

Hi @pushbrk thanks for your response. 

I have read the i-864 instructions, but it left me confused at best, 

e.g. In Part 6, where it talks about household income, it reads thus "Item Numbers 1. - 6. Sponsor’s Employment. Select all the boxes that apply to you. You, as the sponsor, may not rely on a household member’s income from illegal acts, such as proceeds from illegal gambling or drug sales, to meet the income requirement even if the household member paid taxes on that income."

 

Yes, it excludes illegal sources of income, but does that imply that it approves of legal sources? It seems a risk to assume that this is requisite clarity and base my whole case on an assumption, when I could instead wait and get a sponsor for example.

Are you referring to something different? It's quite a lot of content in instructions so may well have missed something.

 

The rest of the section does not provide additional clarity. I did read previously that there is a route if the funds are coming from the "same source" but I have been unable to trace this back to source.

 

By I've read., I mean testimony from others (on this forum) who have tried to do something similar and it has not been straight forward. I don't have the reference to hand, but I do recall a case where the case officer had to go get a supervisor as they were unsure if that approach was feasible. 

 

Thanks again.

 

 

 

Yes, you missed something.  Keep reading ALL the instructions and you'll get to it.

 

[wonderer2505 3]

2 minutes ago, pushbrk said:

Yes, you missed something.  Keep reading ALL the instructions and you'll get to it.

 

@pushbrk Alright, thank you. I will read through the instructions again. If you do have a specific reference, it would be helpful if you can point me to it. 

 

Thanks

[pushbrk 12,997]

3 minutes ago, wonderer2505 said:

@pushbrk Alright, thank you. I will read through the instructions again. If you do have a specific reference, it would be helpful if you can point me to it. 

 

Thanks

Skim through until you find the section about using income from the intending immigrant.  Page 8

 

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has
accompanying children.

 

Edited March 16, 2022 by pushbrk

[wonderer2505 3]

@pushbrk Thanks a lot, I noted that. I think that's what I saw before but missed in later readings. 

 

The line about children is an interesting one. I'm wondering if it's ok to ask a clarifying question about that?. My understanding is that there are three scenarios. 

 

Scenario A) Family of 5, Wife + Kids US Citizens. Husband Brit  = No need to fill in I864a

Scenario B) Family of 5, Wife + Kids non-us Citizens. Husband Brit  = Need to fill in I864a
Scenario C) Family of 2, No Kids = No need to fill out i864a

 

Do others read the same as me or am I misreading here? 

Cheers

Wonder 

[pushbrk 12,997]

10 minutes ago, wonderer2505 said:

@pushbrk Thanks a lot, I noted that. I think that's what I saw before but missed in later readings. 

 

The line about children is an interesting one. I'm wondering if it's ok to ask a clarifying question about that?. My understanding is that there are three scenarios. 

 

Scenario A) Family of 5, Wife + Kids US Citizens. Husband Brit  = No need to fill in I864a

Scenario B) Family of 5, Wife + Kids non-us Citizens. Husband Brit  = Need to fill in I864a
Scenario C) Family of 2, No Kids = No need to fill out i864a

 

Do others read the same as me or am I misreading here? 

Cheers

Wonder 

Do you have children who are immigrating?  If so, your husband provides an I-864a for each child, just as you provide an I-864 for each child.  Only for YOUR I-864 in HIS behalf is he not required to provide an I-864a.

[wonderer2505 3]

53 minutes ago, pushbrk said:

Do you have children who are immigrating?  If so, your husband provides an I-864a for each child, just as you provide an I-864 for each child.  Only for YOUR I-864 in HIS behalf is he not required to provide an I-864a.

Thanks again for response. I think the word immigrating is what confuses me. My kids are US Citizens but living abroad. Are they "immigrating" if they move to the states. 

I know I must seem stupid, sorry lol

[Family 4,065]

You must prove domicile as the Petitioner/Sponsor ( a long list of acceptable documentation , taxes, bank accounts, real estate..) all meant to show you stay out was “temporary “..OR you go back to the US at least 3 months before you execute I-864 ..open bank account, set up an address, set up a cell phone..

 

Unless you have $100K in liquid assets and can list them under intending immigrant assets on I864 …that’s three times req income for your family of 5., find a Co-Sponsor in the US. 
 

You are a bit confused about children and household scenario…you and kids are not counted in the Co -Sponsor formula… example your Co-Sponsor is single , adding your spouse then his household is now 2. 
If Cosponsor has a family of 3, add your husband and now he must meet income for household of 4. If the Co-Sponsor is married AND needs his wife’s income added to his own to qualify, then his wife signs I-864-A

As for using your husband’s income, it’s worth trying at the NVC level to see what position they take.,, but be prepared for push back and delays . Intending immigrant income has to be earned lawfully ( work permit from US) or another “lawful manner”..

Travel.state.gov has a “I-864 FAQ and is worth reading 

 

 

[pushbrk 12,997]

10 minutes ago, wonderer2505 said:

Thanks again for response. I think the word immigrating is what confuses me. My kids are US Citizens but living abroad. Are they "immigrating" if they move to the states. 

I know I must seem stupid, sorry lol

US Citizens do not immigrate to the USA.  

[Redro 4,611]

15 hours ago, wonderer2505 said:

Hi Friends, 

 

I (USC) am sponsoring my Husband. However, I have lived in the UK for a few years and have not been employed (thus no tax returns 😦). 

 

• We have no 'Joint Sponsor" state side.
• He does earn above the threshold in the UK, and his employer has agreed to let him move his Job to the US, meaning it'll be : 
  • Same Company
  • (potentially) different Job title
  • Salary will be >100k (family of 5)
• I've read contradictory information about weather this will suffice and I'm quite concerned now.
  • I've heard that income needs to be state-side
  • I've read that we need tax returns to qualify
  • I've read that not filing tax, means I may not have "established domicile"

 

Will this suffice? or do we need to hold out until we have a "Joint Sponsor"?

 

Interview is supposed to be soon (days) so thoughts most welcome.

 

Thanks! 
Wonder 

Had to search a little but a member from the Netherlands had success going this route:

Not sure if it will work for the UK. 

[SalishSea 17,970]

16 hours ago, Family said:

As for using your husband’s income, it’s worth trying at the NVC level to see what position they take.,, but be prepared for push back and delays . Intending immigrant income has to be earned lawfully ( work permit from US) or another “lawful manner”..

This can also be consulate-specific.  I have seen references from @Boiler and others that London is quite affable when it comes to self-sponsorship.

[wonderer2505 3]

Circling back to this, in the event that it's helpful to others. 

 

There is further guidance in the instructions  They are as follows (P12) : 

 

Quote

 

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. 

 

If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

 

If the intending immigrant is another relative, there are two requirements....

 

Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

 

Hope this helps. 

Still unclear to me, if we need to fill out i864a because we have kids, though they are not migrating, as they are USC. 

@pushbrk Thanks again for your advice here. Instructions are critical, though this form is poorly designed.