I-864 (Non-US Income & Between Jobs)

[nierse 0]

Hi.  I am working on the I-864 ahead of my wife's consulate appointment.  For the past 3 years, I have been working overseas and as a result, my Adjusted Gross Income is effectively nothing because my overseas salary was excluded under Foreign Earned Income exclusion.  We started the process to obtain a CR1 visa as a DCF because my current employer wanted me to relocate to the US.  Since then, I have accepted a new job in the US (different company).  On the date that my wife will be going to the consulate, I will have left my current employer the week prior.  I have a signed offer letter from the new employer and am expecting to start in August (although, currently there is no start date on the offer letter because they are giving me flexibility based on the international relocation.

1. For Part 6, Items (1-4), I plan to leave these blank and indicate the I've been unemployed for the past ~week.

2. For Item 7:  It asks for current individual annual income, but in the instructions it in says, "You may include evidence supporting your claim about your expected income for the current year.....  So, is the best answer for this question based on the offer letter for the new job?  Or should I put the tiny number (~$1,000) of my US AGI from the past few years?

3. Part 7 Instructions say to, "ONLY complete Part 7 if you need to use the value of assets to meet the income requirements."  I have assets the should well exceed these requirements.

It seems I almost should send my wife to her Consulate interview with two versions of the I-864, and see which they are good with:
a) Version that indicates the NEW salary, include a copy of the offer letter in the package, do not fill out Part 7.
b) Version that shows the ~$1,000 US AGI from my W2, and fills out Section 7 with documentation of the assets.

I apologize for the convoluted nature of this question.....if it was more straightforward, I don't think I would've needed to ask for advice...TIA!

[Crazy Cat 41,814]

Path of least resistance might be to get a Joint Sponsor in the US. 

[Boiler 45,451]

2 hours ago, Crazy Cat said:

Path of least resistance might be to get a Joint Sponsor in the US. 

Agree

[pushbrk 12,870]

If your liquid assets (as defined in the instructions for the form) are clearly well over three times the income requirement, then state them and document them.  State your "current income" as the amount on the offer letter and include the offer letter.  Your spouse should be prepared to clearly explain, if asked, that you had a job transfer but have since accepted a different offer from another employer.  Consular Officers have plenty of leeway to make a judgement call on these matters.  Some member see using assets as some kind of "complication" but there's a place for them on the form, for a reason.  Do understand though that they must be liquid and documented as held for more than just a few months.  Best to send five statements or sets of statements, ones from 12, 9, 6, 3, and 0 months ago.

[Redro 4,611]

I would send 2- 3 versions of I864. 
First: new job with details of income that is about to start. 
Second: new job and asset information

third: joint sponsor I864 

there is no point in submitting an I864 where you don’t qualify if you’re not also submitting a joint sponsor. 

Only submit documentation that shows you are qualified. 
Which consulate are you going through? 

[Crazy Cat 41,814]

***Moved to the Direct Consular Filing forum***

[nierse 0]

@pushbrk Thanks.  The assets will be a combination of bank accounts (both US and the foreign one which I'll be transferring to the US) as well as investment account info (both retirement (eg Roth) and taxable)...accounts currently located in US and locally.  So, I can probably send a couple of bank statements, but the investment account info will show amounts going 6-12 months ago.  Figuring I would just print out the account summary at the end of the month prior to her appointment. 

 

[nierse 0]

@Redro  I don't think I'd ever be showing an I864 which I don't qualify: I think the key question is whether they will consider my accepted job offer as "current income" - if they do, then current income qualifies us and providing asset information is not needed.

If they do not want to consider my not yet started job as my current income, then I would be able to show enough assets to meet the "gap".

I do not see a need for a joint sponsor because there are sufficient liquid assets.  

[Boiler 45,451]

Good luck

 

Please let is know how it goes.

[Redro 4,611]

3 hours ago, nierse said:

@Redro  I don't think I'd ever be showing an I864 which I don't qualify: I think the key question is whether they will consider my accepted job offer as "current income" - if they do, then current income qualifies us and providing asset information is not needed.

If they do not want to consider my not yet started job as my current income, then I would be able to show enough assets to meet the "gap".

I do not see a need for a joint sponsor because there are sufficient liquid assets.  

The consulate is the UK correct? 

Apologies, I totally skipped over the assets section in your first post. 

We used assets for our I864 so I know it can be done. Good luck! 

[pushbrk 12,870]

5 hours ago, nierse said:

@pushbrk Thanks.  The assets will be a combination of bank accounts (both US and the foreign one which I'll be transferring to the US) as well as investment account info (both retirement (eg Roth) and taxable)...accounts currently located in US and locally.  So, I can probably send a couple of bank statements, but the investment account info will show amounts going 6-12 months ago.  Figuring I would just print out the account summary at the end of the month prior to her appointment. 

 

Two bank statements will not be enough.  You must show evidence of  holding the funds for longer, so it is not thought to be a loan.

[pushbrk 12,870]

5 hours ago, nierse said:

@Redro  I don't think I'd ever be showing an I864 which I don't qualify: I think the key question is whether they will consider my accepted job offer as "current income" - if they do, then current income qualifies us and providing asset information is not needed.

If they do not want to consider my not yet started job as my current income, then I would be able to show enough assets to meet the "gap".

I do not see a need for a joint sponsor because there are sufficient liquid assets.  

They will "consider" the totality of circumstances but you are unlikely to qualify on the job offer alone.  Your documented liquid assets will save the day.