REF Evidence of Income Petitioner Working Abroad

[Redro 4,611]

1 hour 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? 

NVC will request proof of income if the petitioner does not make enough money:

So, if you reported ZERO on your taxes or in your I-864 (even if your income is from overseas it will not continue) you should show evidence of income.

Evidence of income

 

If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax transcript reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include evidence of current employment or self-employment, recent pay statements, a letter from the employer on business letterhead – showing dates of employment, wages paid, and type of work performed – or other financial data.

• For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as:
  • retirement benefits;
  • other household members' income; or
  • other significant assets.

 

If you are using assets you need to show proof you own the assets and the value of the assets. 

Did you include an appraisal of your property? Do you plan on selling the property when you leave the UK. If not the CO might nor accept the house in place of income even if NVC approves this submission.

 

Advice: We both live overseas and my husband included his work contract (as proof of income) and a letter explaining he was using assets to qualify (along with proof assets) and we were DQ'ed.

Some might say it is overkill but I would include proof the petitioner is working in the UK (even though the work will not continue). 

Edited August 10, 2022 by ROK2USA

[ashtay 6]

43 minutes ago, Boiler said:

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.

 

43 minutes ago, chaoticenergy said:

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.

 

12 minutes ago, ROK2USA said:

NVC will request proof of income if the petitioner does not make enough money:

So, if you reported ZERO on your taxes or in your I-864 (even if your income is from overseas it will not continue) you should show evidence of income.

Evidence of income

 

If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax transcript reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include evidence of current employment or self-employment, recent pay statements, a letter from the employer on business letterhead – showing dates of employment, wages paid, and type of work performed – or other financial data.

• For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as:
  • retirement benefits;
  • other household members' income; or
  • other significant assets.

 

If you are using assets you need to show proof you own the assets and the value of the assets. 

Did you include an appraisal of your property? Do you plan on selling the property when you leave the UK. If not the CO might nor accept the house in place of income even if NVC approves this submission.

 

Advice: We both live overseas and my husband included his work contract (as proof of income) and a letter explaining he was using assets to qualify (along with proof assets) and we were DQ'ed.

Some might say it is overkill but I would include proof the petitioner is working in the UK (even though the work will not continue). 

Good to know all, thank you!
 

I included an appraisal, the land registry documents, a letter, and verification from the bank that money from a future sale could be immediately transferred to a US should we need it. 

[Redro 4,611]

6 hours ago, ashtay said:

 

 

Good to know all, thank you!
 

I included an appraisal, the land registry documents, a letter, and verification from the bank that money from a future sale could be immediately transferred to a US should we need it. 

/Off topic but related/ Not sure what you're planning on doing with the house/ who owns it... but you might want to head over to the Taxes & Finances during US immigration forum to investigate the tax implications of selling the house once both you and your partner establish residency in the US. 

 

Edited August 10, 2022 by ROK2USA

[ashtay 6]

1 hour ago, ROK2USA said:

/Off topic but related/ Not sure what you're planning on doing with the house/ who owns it... but you might want to head over to the Taxes & Finances during US immigration forum to investigate the tax implications of selling the house once both you and your partner establish residency in the US. 

 

Ah I didn't even realise there was a section for that, thank you very much!!