Income requirements for I864 application

[LLL_ 1]

Hello all,

 

My husband is U.S citizen, and is currently studying abroad. I currently reside in the same country with him. He is filing I130 petition and later need to file I864 application to show that he can financially support me when I go to the U.S. However, as a graduate student, he doesn't have income. He only has savings in foreign currency (wnot USD) where we currently reside. I have some savings in foreign currency where we currently reside as well.

 

My questions are:

1. If my husband doesn't have any income, can he solely rely on his savings as the proof of financial support?

2. I know that the foreign spouse( beneficiary) can use foreign assets as supplement to meet USCIS poverty guideline. Can the sponsor (U.S citizen) use foreign assets as well? Or are they only allowed to use their U.S assets? 
 

Thank you! 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

6 hours ago, LLL_ said:

1. If my husband doesn't have any income, can he solely rely on his savings as the proof of financial support?

2. I know that the foreign spouse( beneficiary) can use foreign assets as supplement to meet USCIS poverty guideline. Can the sponsor (U.S citizen) use foreign assets as well? Or are they only allowed to use their U.S assets? 

 

If the assets are valued over 3x the minimum requirement for the household size, then it can be used on the I-864 with $0 income.  But keep in mind that it is up to the consul officer to decide whether it is sufficient or not.  Though it is not a rule, some COs prefer US-based assets, so best to transfer the savings to a US account if you still have a long time from the interview date.

 

[pushbrk 12,824]

9 hours ago, Chancy said:

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

 

If the assets are valued over 3x the minimum requirement for the household size, then it can be used on the I-864 with $0 income.  But keep in mind that it is up to the consul officer to decide whether it is sufficient or not.  Though it is not a rule, some COs prefer US-based assets, so best to transfer the savings to a US account if you still have a long time from the interview date.

 

Good answer, but there is plenty of time for him to do his homework by studying the I-864 instructions.  They explain his options more thoroughly than we could here.  Will he still be studying abroad 18 months or so from now when this issue comes up?

 

[LLL_ 1]

23 hours ago, Chancy said:

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

 

If the assets are valued over 3x the minimum requirement for the household size, then it can be used on the I-864 with $0 income.  But keep in mind that it is up to the consul officer to decide whether it is sufficient or not.  Though it is not a rule, some COs prefer US-based assets, so best to transfer the savings to a US account if you still have a long time from the interview date.

 

Thank you so much for your answer! It's very helpful to me! 

[LLL_ 1]

13 hours ago, pushbrk said:

Good answer, but there is plenty of time for him to do his homework by studying the I-864 instructions.  They explain his options more thoroughly than we could here.  Will he still be studying abroad 18 months or so from now when this issue comes up?

 

We have studied the I-864 instruction. But it doesn't mention anything about whether the sponsor's assets can be foreign or not. It does mention that the intend immigrant 's assets don't have to be somewhere he/she resides. 
He probably will have to study abroad around 6 months when we need to deal with this issue. We have filed I-130 recently and are waiting for the result. It'll probably take him around 10 -12 months to graduate from now. Hope I understood your question properly.