CR-1 Visa Application - Struggling with income requirements for I-864

[pushbrk 12,870]

2 minutes ago, Robbiekeane said:

It’s equity in the beneficiaries (mine) rental property in the UK, not the sponsors. But point taken, thanks. 

When the beneficiary uses their own "assets" or "income" to meet the public charge requirements, they effectively become a co-sponsor with the petitioner. Sometimes the beneficiary is the sole source of sponsorship income and/or assets, effectively "self sponsoring".

 

[pushbrk 12,870]

2 minutes ago, Robbiekeane said:

Yes understood. Not filed yet, and hence trying to understand the best route before hand. Done plenty of asking around but it will come down to timing and circumstance. Need to understand if another job offer from another company would help at all or not. 
 

understood on the time zones - I’m in Melbourne Australia and people can answer whenever they please if they are so kind as to offer their advice  

Yes, a job offer from another company would solve the sponsorship issues, maybe not as likely to qualify for DCF.  Worth a try though.

 

[Robbiekeane 0]

11 minutes ago, pushbrk said:

Yes, a job offer from another company would solve the sponsorship issues, maybe not as likely to qualify for DCF.  Worth a try though.

 

Thanks. I’ve seen here on VJ people saying that future income does not count unless it’s from current employer. So if it’s a job offer/transfer from current company that makes sense. However, if it’s from another company - will it definitely qualify for income for the affidavit of support? 

[pushbrk 12,870]

27 minutes ago, Robbiekeane said:

Thanks. I’ve seen here on VJ people saying that future income does not count unless it’s from current employer. So if it’s a job offer/transfer from current company that makes sense. However, if it’s from another company - will it definitely qualify for income for the affidavit of support? 

Excellent question.  Yes, but the US Citizen would need to accept the offer, and go start the job before it would be considered.  Then, it is "current income".

 

[iwannaplay54 985]

16 hours ago, Robbiekeane said:

Hi everyone. Firstly thank you in advance for any advice. 
 

Hoping to get some advice as to how/if we can satisfy the income requirements for the I-864 Affidavit of support, as part of the a CR-1 Spousal visa application. I feel likes it’s a bit complex but here goes…

I am the beneficiary, a UK citizen living in Australia, along with my soon to be wife (wedding a couple of weeks out) who is an American Citizen. We met in the states at work as I was over there on an L-1 Visa. I got the nod for a transfer to Australia and we both got roles sorted (still at same company). We moved in Feb 2022, and she continued to earn US income for a few months. We are looking to move back and are starting the process for the CR-1 Spousal Visa for a green card. 

I am concerned about meeting the minimum income threshold requirement. The sponsor earned well over $22,000 for the last few years in the US($150k+), as well as 2022 return about to be submitted, despite leaving half way through the year. We both earn well above that amount in Australia but understand this doesn’t count as we can’t show it’ll continue when we move back. If my understanding is correct, the only option is assets. 
 

A joint sponsor is unfortunately not an option for us.

 

Here is an approx summary of our assets:

Sponsor:
- 401k with a value of approximately $180k US. 
- Savings of approximately $10k US

Beneficiary (myself)
- a US 401k of $25k US
- a US brokerage account with approx $20k portfolio 
- US based crypto of $3k
- UK property with net equity of $180k US (property appraisal £290k, mortgage of £130k)
- Above mentioned property rental income of approx $12k per year
- Australia savings account with approx $25k US. 

Joint
- We will have approximately $40k US in savings in an Australian joint account 

What I am not clear on is:
- is her 401k counted in the asset calculation? Is it sufficient? 
- can my assets (any of them) be counted in the calculation? Are they sufficient? Unsure it’s it’s 3x or 5x from research.

 

We both earn approx $150k US base plus $30k bonus in Australia. We will not have job offers in the US at the time of a consulate interview (in Sydney)

Appreciate any advice, thanks

Been there, done this.

Rental income is continuing income, it is counted.

USD cash equivalent value (all) is counted, if you’re moving back one way to demonstrate intent to establish residence (return) is park it in a US bank

401k, pension equivalent cash value is counted.   

Beneficiary’s assets are counted.

The rule for USC sponsoring a spouse is 3X the 125% poverty minimum, the rule for other categories is 5X.

The 3X is the difference between income and the 125% poverty guideline.  
So for example for a household size if two ($22,887 minimum income) assuming rental income continues you need liquid assets of $10,887 x 3 or about $33k.

 

If you are planning to live in your rental property (no continuing/ongoing rental income) then you need liquid assets of about $69k.  
Best to not share too much personal info online.
 

Edited January 21, 2023 by iwannaplay54

[iwannaplay54 985]

10 hours ago, Robbiekeane said:

Thank you for your response. I’ve read a few things online that says that property can be used as an asset if when you discount any mortgage etc against it. Wasn’t aware I’d have to sell and have the cash. 
 

RE the 401k - if we took off the penalties and likely tax I think it’d be around 50% ($90k), and then our joint savings of $40k would bring us to $130k give or take. This would be more than 5 x the $22k threshold before taking into account my own assets (house, 401k, Brokerage savings). Do you think that would be adequate?
 

I could then also include my property on top of that but then it wouldn’t be the only thing being relied on.

The rule is 3X not 5X

Penalty on early withdrawal on a 401k is 10% after which the first $25k with no other income is tax free.  You’re applying incremental tax bracket to a case with no other assumed income.

Based on what you outlined and personal experience you are fine.

Edited January 21, 2023 by iwannaplay54

[iwannaplay54 985]

7 hours ago, pushbrk said:

Excellent question.  Yes, but the US Citizen would need to accept the offer, and go start the job before it would be considered.  Then, it is "current income".

 

Even an offer closes the door on “intent to establish residence” question that pops fairly often here.

This couple is fine.  I pulled up an old affidavit and we pulled off household size 6 on $85k cash and $95k 401k (excluded physical assets) on $29,900 minimum requirement with the assets and US job offer (zero current / continuing income) one time.  

[Chancy 6,241]

On 1/21/2023 at 12:36 AM, Robbiekeane said:

It is likely she will get a transfer back at some stage with our company. It sounds like if this did happen, DCF would be the most efficient way forwards (assuming she gets the offer with a start date delayed a few months, or we are willing to spend some time apart). Not only quicker but do your point can use the offer in hand to satisfy the I bc one requirements

 

However, if she does not for whatever reason, but instead gets a job offer from another US company, would we still qualify for DCF? If no, seems a question of weighing the risks. If yes, would this offer also satisfy the income requirements, or would we have to look at assets or joint sponsors? If the latter then I guess that’s still better/more efficient than the current planned standard CR-1 route, right? 

 

To have a chance at DCF via the consulate in Sydney, your wife must -- be currently residing in Australia, have exceptional circumstances (such as imminent job relocation to the US), and not have an I-130 petition already filed for you.  As @pushbrk mentioned above, getting a US job offer must be the first step (after getting married), if you are considering DCF.  Based on reports in the DCF sub-forum, any US-based job offer may be accepted by the consulate, but a job transfer with the same company makes for a stronger case.  The job offer should be in writing, and list the target date the US citizen is expected to physically report for work in the US.  Just a reminder that DCF is at the discretion of the consulate, so having a US job offer does not guarantee that the case will be accepted for DCF.

 

As to the I-864 income requirements, listing current income > $0 means the sponsor will be able to maintain at least that level of income when the immigrant moves to the US.  The consulate tends to accept a job transfer offer from the same company as evidence that the income will continue from the same source after the USC and their beneficiary move to the US.  So no need to use assets or a joint sponsor, if the foreign income exceeds the minimum threshold.  A job offer from a different US company would not work for that purpose, hence the USC's current foreign income would not count for the I-864.  In that case, you would need to use assets or a joint sponsor.

 

Incidentally, if you (the beneficiary) are able to get a US job transfer offer from the same company you work for now, your current foreign income may be used for the I-864, whether your USC spouse also has a job transfer offer or not.  This rule in the I-864 instructions for the beneficiary's income is actually clearer than the instructions for the sponsor's income.  From page 8 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf -- "If you included the income of the intending immigrant who is your spouse [...], you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children."