IR1 with no income in US (Merged)

[NicolòVito 1]

51 minutes ago, Chancy said:

As for the OP's case in 2019, either we're not getting the full story about their previous I-864, or the consulate made a mistake in issuing the visa.

Maybe the consulte made a mistake but the story was real and accurate. When I got the visa they gave me 3 months to enter the US. I don't know if it was different for the others.

[Boiler 45,467]

6 minutes ago, GP1977 said:

 

Let me ask you a hypo..

 

US citizen has no job, graduates medical school and completes residency.  US Citizen has a job offer for $500K to be an Anesthesiologist that starts in December.   US Citizen submits a p0etitions their foreign citizen spouse via spousal visa. All of the paperwork is in order and visa is ready to go subject to the I864 being approved?  Is the CO signing off on the I864 even though the US Citizen doesn't have a job at the moment?

They should not according to the regulations.

 

We can take this to a further extreme, which I do not agree with, our friend Jim Hacking will tell you that you need 3 years of tax returns showing this $500k

[Boiler 45,467]

2 minutes ago, NicolòVito said:

Maybe the consulte made a mistake but the story was real and accurate. When I got the visa they gave me 3 months to enter the US. I don't know if it was different for the others.

3 months was due to the medical being good for 6 months. 

[GP1977 288]

1 minute ago, Boiler said:

They should not according to the regulations.

 

We can take this to a further extreme, which I do not agree with, our friend Jim Hacking will tell you that you need 3 years of tax returns showing this $500k

Do you have a source for the regs and Hacking?

 

[Boiler 45,467]

 

He is on several times a week, this was his last one.

 

The I 864 and its notes? My reading is that there are 2 issues, you need to show your current income meets the requirements and that you have filed taxes, separate requirements.

 

Hacking always says you need to do both, you need to show that your last 3 year tax returns meet the requirements. As always it is a question of interpretation. I do not see people who to use your example have just graduated and now are earning $500k for a few months having an issue.

[Redro 4,611]

31 minutes ago, GP1977 said:

 

Let me ask you a hypo..

 

US citizen has no job, graduates medical school and completes residency.  US Citizen has a job offer for $500K to be an Anesthesiologist that starts in December.   US Citizen submits a p0etitions their foreign citizen spouse via spousal visa. All of the paperwork is in order and visa is ready to go subject to the I864 being approved?  Is the CO signing off on the I864 even though the US Citizen doesn't have a job at the moment?

 

 

IMO Yes DCF Still takes a few months to process so beneficiary might only arrive in US December: January 

Edited August 19, 2023 by Redro

[GP1977 288]

8 minutes ago, Boiler said:

 

He is on several times a week, this was his last one.

 

The I 864 and its notes? My reading is that there are 2 issues, you need to show your current income meets the requirements and that you have filed taxes, separate requirements.

 

Hacking always says you need to do both, you need to show that your last 3 year tax returns meet the requirements. As always it is a question of interpretation. I do not see people who to use your example have just graduated and now are earning $500k for a few months having an issue.

Very familiar with Hacking.  Love him and love his hate for USCIS.   I have been following him for nearly 6 years when he was filing writs of mandamus and people on VJ had never heard of anyone having success filing a write.  And quite frankly many here thought the idea was a farse.

 

I have listened to quite a few of his shows and he admits he hasn't filed I864's in awhile, that he is not familiar with them, and that since his law practice has grown, he has other members of his staff now deal with them.  Was curious if you remember where he said it specifically "3 Years required".

 

 

[Boiler 45,467]

2 minutes ago, GP1977 said:

Very familiar with Hacking.  Love him and love his hate for USCIS.   I have been following him for nearly 6 years when he was filing writs of mandamus and people on VJ had never heard of anyone having success filing a write.  And quite frankly many here thought the idea was a farse.

 

I have listened to quite a few of his shows and he admits he hasn't filed I864's in awhile, that he is not familiar with them, and that since his law practice has grown, he has other members of his staff now deal with them.  Was curious if you remember where he said it specifically "3 Years required".

 

Perhaps someone needs to index his episodes. Not me.

 

It is always coming up, and something he is very adamant about, I tend to fast forward or tune out the boring bits. He did mention Jim Rules recently, maybe that is a realisation that some of his absolutes are not quite there. It would be an odd week not for it to get a few mentions.

 

Ditto his 90 day rule which he now seems to have modified to 60 days.

[GP1977 288]

1 minute ago, Boiler said:

 

Perhaps someone needs to index his episodes. Not me.

 

It is always coming up, and something he is very adamant about, I tend to fast forward or tune out the boring bits. He did mention Jim Rules recently, maybe that is a realisation that some of his absolutes are not quite there. It would be an odd week not for it to get a few mentions.

 

Ditto his 90 day rule which he now seems to have modified to 60 days.

The other one to check out is Brad Bernstein on Brad Show Live. NYC attorney in Manhattan and very direct and to the point. Much different style than Jim and doesn't spend nearly as long with the callers. Gets right to the point and moves on.  Average call is maybe a few mts where Jim's can go on for 10+

[GP1977 288]

19 minutes ago, Redro said:

IMO Yes DCF Still takes a few months to process so beneficiary might only arrive in US December: January 

You are missing the point.  Lets assume the offer letter was for start date in August of next year.

Edited August 19, 2023 by GP1977

[Boiler 45,467]

2 minutes ago, GP1977 said:

You are missing the point.  Lets assume the offer letter was for start date in August of next year.

It would a real stretch to get DCF for that.

[pushbrk 12,876]

1 hour ago, Boiler said:

They should not according to the regulations.

 

We can take this to a further extreme, which I do not agree with, our friend Jim Hacking will tell you that you need 3 years of tax returns showing this $500k

Correct that they should not under those exact circumstances.  Hacking is dead wrong though.  That's two belts and two sets of suspenders.  The three years of qualifying income is the norm for Mumbai only, and not a definite even there.

 

What I would advise in such a situation is to delay submitting the I-864 until a pay stub for one full pay period is available after starting said job.  State the current income as the gross times the number of pay periods in a full year, and expect success.

 

Consular officers are trained to consider the totality of circumstances.  While they are not supposed to approve based an unemployed person's "job offer", they can certainly consider a Doctor's NEW and high paying actual job.

[NicolòVito 1]

Well, let's say you didn't give me hope. In any case I will try again with the job offers, provided I have some at the right time. Regarding this, I would like to ask you if when they ask me for the I-864 form I will have a time limit to present it, under penalty of forfeiture of my Green Card application, or does it remain on standby until I have the right documents? I could delay the medical visits because they are valid for 6 months but in this case I would block my entire process. In 2019, I filled out form I-864 indicating only assets in cash and in Italy for a total of approximately $48,000. But that didn't unlock my visa. I only got approval after submitting a written offer, on letterhead from a US company, for both my wife and myself. I know I qualify for the Green Card, except for the economic ones, and I don't want to give up on this issue. My wife is a US citizen and therefore she can enter whenever she wants without constraints. The problem is me. But by blocking me they would also block my wife. I didn't give up in 2019 when the problem was the same and I won't give up in 2023. Therefore I ask you, from the top of your experiences and skills in immigration matters, to think of alternative solutions. I have an idea, if possible: I have been working in the olive oil sector in Italy for many years. I could set up a small company in the US that imports olive oil from Italy. I could generate adequate income to sponsor me. I could be the owner of the company or it could be my wife, I don't know which is the best solution. It could be an idea?

Nicolò

 

[carmel34 3,621]

34 minutes ago, NicolòVito said:

I have an idea, if possible: I have been working in the olive oil sector in Italy for many years. I could set up a small company in the US that imports olive oil from Italy. I could generate adequate income to sponsor me. I could be the owner of the company or it could be my wife, I don't know which is the best solution. It could be an idea?

This is unlikely to work, for many reasons.  Officers will make an assessment of the I-864 based on the totality of the circumstances--they have the authority to make decisions based on the uniqueness of each case.  The problem with your idea is that it is simply that, an idea.  There is no income currently, so nothing to continue in the US after your immigration.  If your wife were to move to the US and establish this olive oil importation business, start operations, and show a good profit based on tax returns filed with the IRS at the end of the year, the idea might work, but that would take a year or two at least.  There is also a risk that the idea might fail financially.  If you have enough money to start such a business, have you considered using liquid assets for the I-864?  My original recommendation stands: your USC wife should return to the US and find a job that will satisfy the I-864.  That is the path with the greatest chance of success if you can't find a qualified joint sponsor or use your own liquid assets.

[Boiler 45,467]

This sounds more like The Godfather.