REF Evidence of Income Petitioner Working Abroad

[ashtay 6]

Hi all! 

 

I'm the petitioner and work in the UK so we listed our property as an asset on the I-184. 

All our documents were approved today but I have an RFE asking to provide evidence of my income. 

 

I provided tax transcripts for 2019-2022 and listed my current income converted to USD on the I-184. I think I should have listed 0 instead since I don't have taxable income due to the Foreign Tax Credit. 

I've uploaded an updated I-184 listing my income as 0 but I'm not sure if I should also upload my current payslips from the UK as well? 

 

Can anyone please advise the best course of action? 

[chaoticenergy 32]

14 minutes ago, ashtay said:

Hi all! 

 

I'm the petitioner and work in the UK so we listed our property as an asset on the I-184. 

All our documents were approved today but I have an RFE asking to provide evidence of my income. 

 

I provided tax transcripts for 2019-2022 and listed my current income converted to USD on the I-184. I think I should have listed 0 instead since I don't have taxable income due to the Foreign Tax Credit. 

I've uploaded an updated I-184 listing my income as 0 but I'm not sure if I should also upload my current payslips from the UK as well? 

 

Can anyone please advise the best course of action? 

I don't have any advice, but we are in a similar situation. My USC wife's adjusted gross income is negative, and our lawyers put down that negative number in I864 24a. Then in 7 we put $0.00 for "my current annual individual income is..." and also 0 for 20 (current annual household income). They didn't really explain to us what they were doing and ignored our questions, so I hope they know what they are doing...

 

What I have read from VJ is that your income does not count toward becoming a qualified sponsor if it is foreign income. You either need an asset (cash) or a joint sponsor.

[Boiler 45,525]

Will you job continue when you move to the US?

[ashtay 6]

10 minutes ago, chaoticenergy said:

I don't have any advice, but we are in a similar situation. My USC wife's adjusted gross income is negative, and our lawyers put down that negative number in I864 24a. Then in 7 we put $0.00 for "my current annual individual income is..." and also 0 for 20 (current annual household income). They didn't really explain to us what they were doing and ignored our questions, so I hope they know what they are doing...

 

What I have read from VJ is that your income does not count toward becoming a qualified sponsor if it is foreign income. You either need an asset (cash) or a joint sponsor.

Oh interesting! Did you get an RFE too? I'm not sure how I could calculate a negative gross income tbh

Do her tax transcripts say $0 too? 

2 minutes ago, Boiler said:

Will you job continue when you move to the US?

It won't unfortunately, but we've submitted proof of our assets instead because none of my family members could sponsor. 

[Crazy Cat 41,886]

Just now, ashtay said:

Oh interesting! Did you get an RFE too? I'm not sure how I could calculate a negative gross income tbh

Do her tax transcripts say $0 too? 

It won't unfortunately, but we've submitted proof of our assets instead because none of my family members could sponsor. 

Your income should be listed as $0 since it won't continue after re-locating to the US.  I see no need to provide proof of income.  You can answer the RFE with a letter explaining that you wish to use asset to qualify.  As always, the CO has full discretion to approve or request a joint sponsor.  Good luck.. 

[ashtay 6]

1 minute ago, Crazy Cat said:

Your income should be listed as $0 since it won't continue after re-locating to the US.  I see no need to provide proof of income.  You can answer the RFE with a letter explaining that you wish to use asset to qualify.  As always, the CO has full discretion to approve or request a joint sponsor.  Good luck.. 

Makes sense, thank you! So I've uploaded a new I-184 with $0 as current income. Do you know if this is likely to result in another 10 week wait?

[Crazy Cat 41,886]

2 minutes ago, ashtay said:

Makes sense, thank you! So I've uploaded a new I-184 with $0 as current income. Do you know if this is likely to result in another 10 week wait?

Sadly, when our case was at NVC in Jan 2017, it did.  

Edited August 9, 2022 by Crazy Cat

[Boiler 45,525]

Are you selling he property so you can show the cash?

 

The possibly better option is to go back first and have a new US jon

[ashtay 6]

1 minute ago, Crazy Cat said:

Sadly, when our case was at NVC in Jan 2017, it did.  

Such a shame.

1 minute ago, Boiler said:

Are you selling he property so you can show the cash?

 

The possibly better option is to go back first and have a new US jon

We're not selling the property as of now but fortunately I have a job offer that starts November 1st so if they don't accept the assets I'll just go back first and resubmit with that income. Do you know if there's a minimum amount of time you need to be in a job before using that income as evidence? 

[Boiler 45,525]

Not aware of any minimum period but the more pay slips the better.

[ashtay 6]

2 minutes ago, Boiler said:

Not aware of any minimum period but the more pay slips the better.

Gotcha, thank you for all the help and insight. I really appreciate it😊

[chaoticenergy 32]

24 minutes ago, ashtay said:

Oh interesting! Did you get an RFE too? I'm not sure how I could calculate a negative gross income tbh

Do her tax transcripts say $0 too? 

I'm still waiting for my first response (fingers crossed).

 

From my limited understanding of the US tax system, if your annual income was wholly sourced from a foreign country as a bona-fide resident and you don't make six figures, you have a negative adjusted gross income (AGI). Her tax transcript literally says something like $ -40,000 for AGI.

 

You have an asset. Then I don't understand why NVC is harping on about your "income" as your assets should suffice. Maybe the focus should be more on proving that your assets are valid? NVC instructions are not so clear sometimes.

[ashtay 6]

3 minutes ago, chaoticenergy said:

I'm still waiting for my first response (fingers crossed).

 

From my limited understanding of the US tax system, if your annual income was wholly sourced from a foreign country as a bona-fide resident and you don't make six figures, you have a negative adjusted gross income (AGI). Her tax transcript literally says something like $ -40,000 for AGI.

 

You have an asset. Then I don't understand why NVC is harping on about your "income" as your assets should suffice. Maybe the focus should be more on proving that your assets are valid? NVC instructions are not so clear sometimes.

Ohhh I see, good to know! 
 

Yeah I was expecting an RFE regarding the asset more than anything honestly. I wonder if because I put my actual current income they automatically assumed I wanted to use that and didn’t even look at the asset evidence. 

[Boiler 45,525]

It appears they do not pay mattention to assets mpre so where that asset has to be sold. certainly at one time property was a no no as it could not clearly be realised not sure how they view it now.

[chaoticenergy 32]

3 minutes ago, ashtay said:

Ohhh I see, good to know! 
 

Yeah I was expecting an RFE regarding the asset more than anything honestly. I wonder if because I put my actual current income they automatically assumed I wanted to use that and didn’t even look at the asset evidence. 

Yeah that sounds plausible actually. In any case, anything you claim should be backed up with supporting evidence. I heard even when people have joint sponsors, NVC sometimes asks for W2 and stuff from the petitioner who obviously has no bearing on financial sponsorship requirement. So, assuming asset = joint sponsor, this is what actually might have happened.

Edited August 9, 2022 by chaoticenergy