Reporting foreign income on I-864 as a U.S. Citizen sponsor

[Andy&Dom 0]

Hello everyone. I am a U.S. citizen living and working abroad, and I am filling out the I-864 for my spouse for the CR1 visa. As my income so far in 2022 is entirely from my job overseas, am I still allowed to include this in my "current annual income"? I have read the entire instructions of the form as well as the FAQ's on the state department's website and it doesn't say I cant. The only restriction comes from using the intending immigrant's income as it must continue from the same source after immigrating. I haven't been able to find anything stating that a U.S. citizen sponsor isn't allowed to use foreign income ( I mean, I will have to file a U.S. tax return on this foreign income and it is subject to U.S. taxes so I don't see why I cant use it). However, I have read on this forum that I am not allowed to use it. Could someone provide me a source for this reasoning on not being able to use my foreign income? Thanks a lot everybody:)

[Crazy Cat 41,888]

23 minutes ago, Andy&Dom said:

am I still allowed to include this in my "current annual income"?

If the income will not continue when you relocate to the US, then you can not include it as current annual income.  If your income will continue after relocating to the US, it can be used.   Your ability to support a new immigrant is based on your income over the next 12 months after re-establishing domicile.   

I'm sure @pushbrk can explain it clearly.

Edited June 26, 2022 by Crazy Cat

[Andy&Dom 0]

7 minutes ago, Crazy Cat said:

If the income will not continue when you relocate to the US, then you can not include it as current annual income.  If your income will continue after relocating to the US, it can be used.   Your ability to support a new immigrant is based on your income over the next 12 months after re-establishing domicile.   

I'm sure @pushbrk can explain it clearly.

Thanks for the reply. I have seen this before on the forums, but never been able to find a source for this information. I will be accepting a new position after relocating to the states and will be making significantly more, but I also have read I am not allowed to use this neither.  Seems to be like a catch 22 for Americans working abroad temporarily... Thank you for tagging

"pushbrk" so I can get some more information. Thank you:)

[pushbrk 12,898]

21 minutes ago, Crazy Cat said:

If the income will not continue when you relocate to the US, then you can not include it as current annual income.  If your income will continue after relocating to the US, it can be used.   Your ability to support a new immigrant is based on your income over the next 12 months after re-establishing domicile.   

I'm sure @pushbrk can explain it clearly.

You won't find any official statement that you cant's unless it's in the foreign affairs manual.  But, in reality, "you can't" meaning if you state your current income from a foreign job that will NOT continue after you return to the USA, it will not be considered for the purposes of the affidavit. You also must include evidence of this current income, which will show clearly that it is foreign.  If you have well over the income requirement in liquid assets (as defined in the instructions) you can qualify that way.   Otherwise get a qualified joint sponsor, or get back to the USA and get a US job.

 

Instructions tend to say what you can do or must do, not what you can't do.

[JeanneAdil 6,511]

14 minutes ago, Andy&Dom said:

Thanks for the reply. I have seen this before on the forums, but never been able to find a source for this information. I will be accepting a new position after relocating to the states and will be making significantly more, but I also have read I am not allowed to use this neither.  Seems to be like a catch 22 for Americans working abroad temporarily... Thank you for tagging

"pushbrk" so I can get some more information. Thank you:)

but u were allowed $108,700 income exclusion with form 2555 for foreign so it no catch 22

u got a big break and only needed to pay into medicare and SS

[Andy&Dom 0]

2 minutes ago, pushbrk said:

You won't find any official statement that you cant's unless it's in the foreign affairs manual.  But, in reality, "you can't" meaning if you state your current income from a foreign job that will NOT continue after you return to the USA, it will not be considered for the purposes of the affidavit. You also must include evidence of this current income, which will show clearly that it is foreign.  If you have well over the income requirement in liquid assets (as defined in the instructions) you can qualify that way.   Otherwise get a qualified joint sponsor, or get back to the USA and get a US job.

 

Instructions tend to say what you can do or must do, not what you can't do.

Ahh ok. It seems to be that you are speaking from experience and that is what I love about this forum for newcomers like myself. It isn't in the fine print but that is the way it is. We have enough in assets and should qualify this way. Thank you once again.

[pushbrk 12,898]

2 minutes ago, Andy&Dom said:

Ahh ok. It seems to be that you are speaking from experience and that is what I love about this forum for newcomers like myself. It isn't in the fine print but that is the way it is. We have enough in assets and should qualify this way. Thank you once again.

Maybe you are just a lazy typer like me sometimes but do check the definition of liquid assets.

 

USCIS instructions tend to focus on people IN the USA, as USCIS does not issue visas.  Not sure if the FAM the Consular Officers use, mentions this.

 

Edited June 26, 2022 by pushbrk

[Chancy 6,241]

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