Understanding Requirements for Using Immigrant Spouse's Income

[Christian And Van 6]

Hello all - I have been rummaging through USCIS/Lawyer/VisaJourney/Reddit/Govt sites and can't seem to get the 100% clear answer to my following doubt:


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Background Information:
To start - we are currently filing the IR1/CR1 Spousal (we are at NVC stage)

I am a freelancer whom works for a US company (though I work remotely outside the US) and get a 1099 - my past 2 tax returns include 1099s also - 2 years ago(2021) I made slightly under the 125% (by $200), last year I made well over the 125%, and this year I have already made over the 125% -
Additionally, I have enough liquid assets to cover the 125% x 3 were it needed.

I plan also to get a letter of continuing employment for myself (to also show proof of reestablishing domicile)

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The Actual Question/Doubt:

Where my doubt is the following:
I have seen mostly people talking about people whom are already living legally and working in the US as the intending immigrant and therefore using their income at that point.
Is that the case? or can we use a letter from her employer?


Am I able to use my intending immigrant spouse's income as part of the Affidavit of Support under the following circumstances?
1. She works for a large multi-national where she is currently employed in Portugal
2. The multi-national has already agreed to transfer her position to the US upon moving there (it was agreed since the beginning)
3. They said they will write her a letter stating that she is currently employed and how much she makes - and that they will transfer her job to the US and how much she will make when she can work in the US

USCIS says the following:

1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item

Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part

5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.
 

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part

5., Item Number 1.), 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.

Source: https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf


I don't think it will be 100% necessary to use her income - but it would be useful to know this because then it will remove any doubt at interview stage. Since I am not their ideal W2 earner with a "stable" income that they seek - I just want to have all the backups I can incase anything happens.


Thank you!

 

[Dashinka 24,483]

Yes, if you have proof her income will continue after immigrating, you can include her income if necessary.

 

Good Luck!

Edited July 22, 2023 by Dashinka

[Mike E 11,739]

2 hours ago, Christian And Van said:

3. They said they will write her a letter stating that she is currently employed and how much she makes - and that they will transfer her job to the US and how much she will make when she can work in the US

Will they state this in USD or in another currency?

[pushbrk 12,870]

13 hours ago, Dashinka said:

Yes, if you have proof her income will continue after immigrating, you can include her income if necessary.

 

Good Luck!

I would do it anyway.  The petitioner is currently receiving a 1099, so is technically "self employed" not employed.  Gross revenue so far this year, would be irrelevant, as it has not appeared on a tax return yet.  If income from the "total income" line on the tax return (not the 1099) is not sufficient for the 2022 tax return then the income isn't enough.  I realize they have assets, but I would still include the intending immigrant's income an document the transfer to show the income that will continue once they immigrate.

[Christian And Van 6]

23 hours ago, Mike E said:

Will they state this in USD or in another currency?

Her current earnings are in EUR - but they will state her earnings when we move in USD as that as what she will be earning.

 

 

12 hours ago, pushbrk said:

I would do it anyway.  The petitioner is currently receiving a 1099, so is technically "self employed" not employed.  Gross revenue so far this year, would be irrelevant, as it has not appeared on a tax return yet.  If income from the "total income" line on the tax return (not the 1099) is not sufficient for the 2022 tax return then the income isn't enough.  I realize they have assets, but I would still include the intending immigrant's income an document the transfer to show the income that will continue once they immigrate.

We will certainly do it anyways - just incase it helps in any deciding factor - can't hurt I suppose.

As far as my (petitioner) income for 2022 it was around 60k - so if its really based of that there is no problem I'd suppose.
I was under the understanding however that it was your "current income" that mattered? And that your past (up to 3 years) tax were more of a reference to confirm how much you claim your current income is?

Thanks!

[Redro 4,611]

1 hour ago, Christian And Van said:

Her current earnings are in EUR - but they will state her earnings when we move in USD as that as what she will be earning.

 

 

We will certainly do it anyways - just incase it helps in any deciding factor - can't hurt I suppose.

As far as my (petitioner) income for 2022 it was around 60k - so if its really based of that there is no problem I'd suppose.
I was under the understanding however that it was your "current income" that mattered? And that your past (up to 3 years) tax were more of a reference to confirm how much you claim your current income is?

Thanks!

Current income matters for W2 employees. 

Tax returns matter more for self employed workers. 

As always rules are not hard and fast. 

[pushbrk 12,870]

9 hours ago, Christian And Van said:

Her current earnings are in EUR - but they will state her earnings when we move in USD as that as what she will be earning.

 

 

We will certainly do it anyways - just incase it helps in any deciding factor - can't hurt I suppose.

As far as my (petitioner) income for 2022 it was around 60k - so if its really based of that there is no problem I'd suppose.
I was under the understanding however that it was your "current income" that mattered? And that your past (up to 3 years) tax were more of a reference to confirm how much you claim your current income is?

Thanks!

You are correct, but as a self employed person, your "current income" (today) comes from the total income line of your 2022 tax return.  Self employment income is not "income" until it appears on that line of a US Federal tax return.  This is because, until then, it is only "revenue".  Income is revenue minus the expenses you claim on your federal tax return.

 

The the 60k number come from the "total income" line of your 2022 tax return, or just from the 1099?

[Christian And Van 6]

20 hours ago, pushbrk said:

You are correct, but as a self employed person, your "current income" (today) comes from the total income line of your 2022 tax return.  Self employment income is not "income" until it appears on that line of a US Federal tax return.  This is because, until then, it is only "revenue".  Income is revenue minus the expenses you claim on your federal tax return.

 

The the 60k number come from the "total income" line of your 2022 tax return, or just from the 1099?

Ahh okay I understand - I suppose that does make sense from a "self-employed" business stance.
And yeah, that 60k is on my total income line 9 of 1040. For 2021 it was 24.

Will my pay stubs/Invoices not really matter then as proof of current income? Since they'll only care about 2022?

I appreciate the information!

[pushbrk 12,870]

2 hours ago, Christian And Van said:

Ahh okay I understand - I suppose that does make sense from a "self-employed" business stance.
And yeah, that 60k is on my total income line 9 of 1040. For 2021 it was 24.

Will my pay stubs/Invoices not really matter then as proof of current income? Since they'll only care about 2022?

I appreciate the information!

You are self employed.  Your stated "current income" is the number on the total income line of your 2022 federal tax return.  Your self employment evidence is fine to include, but it is revenue, not income, until it shows on a tax return.