Spouse Support: Will I qualify?

[Alex&Nayden 91]

Hi! We are currently USCIS approval. But I am preparing all the documents for NVC stage so I have everything ready. But I do have a question about spousal support/I864. 

 

Background: I've lived abroad with my husband for the past 4.5 years. I've been self-employed working with US clients remotely. I have a tax accountant and filed/paid all of my taxes. We claimed foreign inclusion income deduction because I wasn't in the US at all. I did make above the poverty level but I know that NVC doesn't accept income that's been claimed under foreign earned income (even tho it will continue once I move to the US). 

 

Anyway - I started working a job with a US company in February 2022 which pays well above the poverty level. I have employee verification letter and paystubs. Combined with my self employment income (which will continue but they might not count) I should make over 100k for 2022. 

 

Finally, the question: Do you think they will make me get a sponsor just because my taxes from last year have the "foreign earned income" deduction? 

[SalishSea 17,829]

1 hour ago, Alex&Nayden said:

Hi! We are currently USCIS approval. But I am preparing all the documents for NVC stage so I have everything ready. But I do have a question about spousal support/I864. 

 

Background: I've lived abroad with my husband for the past 4.5 years. I've been self-employed working with US clients remotely. I have a tax accountant and filed/paid all of my taxes. We claimed foreign inclusion income deduction because I wasn't in the US at all. I did make above the poverty level but I know that NVC doesn't accept income that's been claimed under foreign earned income (even tho it will continue once I move to the US). 

 

Anyway - I started working a job with a US company in February 2022 which pays well above the poverty level. I have employee verification letter and paystubs. Combined with my self employment income (which will continue but they might not count) I should make over 100k for 2022. 

 

Finally, the question: Do you think they will make me get a sponsor just because my taxes from last year have the "foreign earned income" deduction? 

I think you’ll be fine.   The focus is on *current* income, as evidenced by paystubs.   

[Alex&Nayden 91]

39 minutes ago, Jorgedig said:

I think you’ll be fine.   The focus is on *current* income, as evidenced by paystubs.   

I really hope so! I really don’t want to get a co sponsor 😫

[nastra30 2,285]

2 minutes ago, Alex&Nayden said:

I really hope so! I really don’t want to get a co sponsor 😫

You should be ok. As already mentioned above, your current income is good.

[pushbrk 12,883]

1 hour ago, Alex&Nayden said:

I really hope so! I really don’t want to get a co sponsor 😫

Unless it's India, you're probably ok if you include a letter indicating that your past self employment income will continue, and show a current pay stub from your job.  Note that there are no questions about 2022 income on the I-864.  Current income, for the employed, is the gross for a full pay period times the number of pay periods in a full year, NOT times the remaining number of pay periods in 2022.

 

 

Edited May 25, 2022 by pushbrk

[Alex&Nayden 91]

10 hours ago, pushbrk said:

Unless it's India, you're probably ok if you include a letter indicating that your past self employment income will continue, and show a current pay stub from your job.  Note that there are no questions about 2022 income on the I-864.  Current income, for the employed, is the gross for a full pay period times the number of pay periods in a full year, NOT times the remaining number of pay periods in 2022.

 

 

No, my husband is from Bulgaria. 
 

Can you clarify what you mean by the “current income” statement? Kind of lost me there 😅

[pushbrk 12,883]

13 hours ago, Alex&Nayden said:

No, my husband is from Bulgaria. 
 

Can you clarify what you mean by the “current income” statement? Kind of lost me there 😅

Current income for an employed (not self employed) person does not come from a tax return.  Tax returns are about the past.  If you made 50k last year but lost your job a week before you file the affidavit of support,  your current income is zero.  If you took a new job today paying 50k a year, your current income is 50k.  So, if you have a pay stub for a full pay period and the gross pay is 2k for two weeks, then your current income is 2k X 26 pay periods equals 52k.

[Alex&Nayden 91]

7 hours ago, pushbrk said:

Current income for an employed (not self employed) person does not come from a tax return.  Tax returns are about the past.  If you made 50k last year but lost your job a week before you file the affidavit of support,  your current income is zero.  If you took a new job today paying 50k a year, your current income is 50k.  So, if you have a pay stub for a full pay period and the gross pay is 2k for two weeks, then your current income is 2k X 26 pay periods equals 52k.

Great! Thank you! Then I should be totally fine.