Updated I-864 Form – UK employment continuing in the USA

[Embran 4]

Hi all,

 

I am looking for some extra advice with regards to our unusual profile.

My interview is planned for the 22nd may In London.

We got DQ on 15th March and got the case review note:

 

…probably because my husband works for a uk company (all online) and earns £. He did add a note to the NVC mentioning we will be uploading proof of continuing employment as he became an exclusive contractor for that company as of 1st April and he now works in the usa for the same company as a contractor and also, for more income per year (his income is fixed per year). He also now has his own LLC company in the usa. We have uploaded these proofs on the nvc portal after we got DQ anyway and I will show the originals at the interview.

 

After reading all the precious advice on this forum, and after receiving the message on the nvc, we decided to add an updated affidavit of support with the current updated income, accepted offer letter showing continuous employment and also our liquid assets which comfortably meet the minimum required for our household of 2 (1 account in the uk and 1 in the usa).

 

Both of us work over the internet and I understand this can be unusual. I will also continue my employment in the usa. I work online; I have multiple clients. I am not bound to a contract like my husband but because I’m online based, I can basically work from anywhere in the world, which is a real blessing.

 

Because this is quite an unusual situation, I am wondering if we should add anything else for the interview? We don’t want to add a joint sponsor as we believe it is not necessary.

 

Just for some background story. We have been married for 13 years (14 in June!). I am a French national and he is American.

Thank you for reading

 

[Boiler 45,434]

Seems good from my point of view, the usual issue with self employed is too many deductions reducing the figure below the 125% bit sounds like this is not that case here.

[pushbrk 12,860]

"As a contractor" indicates self employment, not continued employment.  For a self employed person, current income comes from the total income line of a US Federal tax return.  If he's still in the UK working, that number probably didn't change.  Please clarify.

[Embran 4]

3 hours ago, pushbrk said:

"As a contractor" indicates self employment, not continued employment.  For a self employed person, current income comes from the total income line of a US Federal tax return.  If he's still in the UK working, that number probably didn't change.  Please clarify.

Hi! Thanks for your reply.

For the background story, he has been working for the same employer for the last 10 years in the UK. He is still working for that employer, but now as a 'contractor' (single LLC registered in usa) instead of an 'employee'.

He got a new updated contract, with an updated salary which is higher now so the annual income number did change indeed as of April 1st. His employer agreed that he could continue working from the usa as he works online. He basically has an exclusive contract with that company, still getting monthly stable income.

 

[pushbrk 12,860]

12 minutes ago, Embran said:

Hi! Thanks for your reply.

For the background story, he has been working for the same employer for the last 10 years in the UK. He is still working for that employer, but now as a 'contractor' (single LLC registered in usa) instead of an 'employee'.

He got a new updated contract, with an updated salary which is higher now so the annual income number did change indeed as of April 1st. His employer agreed that he could continue working from the usa as he works online. He basically has an exclusive contract with that company, still getting monthly stable income.

 

If he is self employed, he does not have a "salary" AND he has no "income" that he can count as "income" until it appears on a US Federal Tax return as "Total Income".  You "might" get by with this and you might be required to obtain a joint sponsor.  His contract would state his payments, which are "business revenue".  Income is revenue minus expenses.  The self employed have no income until it shows on a tax return.  They only have "revenue".  

 

Another way of saying it is that his employment ended or will end when he leaves the UK.  He will then be "self employed" or "in business".  

[Embran 4]

27 minutes ago, pushbrk said:

If he is self employed, he does not have a "salary" AND he has no "income" that he can count as "income" until it appears on a US Federal Tax return as "Total Income".  You "might" get by with this and you might be required to obtain a joint sponsor.  His contract would state his payments, which are "business revenue".  Income is revenue minus expenses.  The self employed have no income until it shows on a tax return.  They only have "revenue".  

 

Another way of saying it is that his employment ended or will end when he leaves the UK.  He will then be "self employed" or "in business".  

Thank you for your precious advice. The wording is indeed important here. This changes a lot of things.

This is also why we decided to create a new affidavit of support also showing our savings. I don't know if this would help, we have +200k in savings and +200k in bonds.(most are in dollars). Would we also need a joint sponsor do you think?

 

 

 

[pushbrk 12,860]

3 hours ago, Embran said:

Thank you for your precious advice. The wording is indeed important here. This changes a lot of things.

This is also why we decided to create a new affidavit of support also showing our savings. I don't know if this would help, we have +200k in savings and +200k in bonds.(most are in dollars). Would we also need a joint sponsor do you think?

 

 

 

That much in liquid assets will carry the day with zero income.  Should be no need for a joint sponsor.  Do include statements for the accounts.  One from a year ago, and one each three months up to the most current.  They want evidence this is YOUR money, not a "loan" etc.

[Embran 4]

4 minutes ago, pushbrk said:

That much in liquid assets will carry the day with zero income.  Should be no need for a joint sponsor.  Do include statements for the accounts.  One from a year ago, and one each three months up to the most current.  They want evidence this is YOUR money, not a "loan" etc.

Thank you Pushbrk! Much appreciated. I will do that.

To be accurate, we have £90k in our uk current account under both of our names, the rest is in treasury bills in usa under my husband's name. We recently put the moneys in treasury and statements are accessible online.

I have other questions for you: do we need to have these statements handy for the interview or/and do we upload them on ceac? Also do they need to be certified? Do we also need to create a new affidavit of support mentionning these liquid assets? (or can I put these values in a joint sponsor affidavit of support if we decide to have one in hand for the interview? My mother in law is eager to provide one for us).

We did not mention these monies in the original affidavit of support that was DQ. (We should have, but we did not know at the time as we thought our income would be enough). Again, thanks very much for your precious input.

[pushbrk 12,860]

7 minutes ago, Embran said:

Thank you Pushbrk! Much appreciated. I will do that.

To be accurate, we have £90k in our uk current account under both of our names, the rest is in treasury bills in usa under my husband's name. We recently put the moneys in treasury and statements are accessible online.

I have other questions for you: do we need to have these statements handy for the interview or/and do we upload them on ceac? Also do they need to be certified? Do we also need to create a new affidavit of support mentionning these liquid assets? (or can I put these values in a joint sponsor affidavit of support if we decide to have one in hand for the interview? My mother in law is eager to provide one for us).

We did not mention these monies in the original affidavit of support that was DQ. (We should have, but we did not know at the time as we thought our income would be enough). Again, thanks very much for your precious input.

No need to obligate your mother.   You qualify easily.  Best to create a new I-864 stating zero income, and stating the current value of the accounts.  Upload along with at least the current statements.  You can carry the past statements to the interview.

 

[Embran 4]

9 minutes ago, pushbrk said:

No need to obligate your mother.   You qualify easily.  Best to create a new I-864 stating zero income, and stating the current value of the accounts.  Upload along with at least the current statements.  You can carry the past statements to the interview.

 

Thank you. I will do!

 

[Embran 4]

Hi @pushbrk

I hope you are well. I hope you don't mind me asking this.

We are uploading updated i864 with bank statements on ceac as you kindly advised. (currently getting 'database error' probably due a glitch.. we will try again tomorrow).

My question is: Do we need to hit the submit button? As we have already been DQd and I have my interview date, would submitting affect anything? (sorry I can't find any answer to this specific question on the forum and thought I would ask you). Many thanks.

 

[pushbrk 12,860]

53 minutes ago, Embran said:

Hi @pushbrk

I hope you are well. I hope you don't mind me asking this.

We are uploading updated i864 with bank statements on ceac as you kindly advised. (currently getting 'database error' probably due a glitch.. we will try again tomorrow).

My question is: Do we need to hit the submit button? As we have already been DQd and I have my interview date, would submitting affect anything? (sorry I can't find any answer to this specific question on the forum and thought I would ask you). Many thanks.

 

Consular Officer cannot see documents that have not been submitted.  Submit them.

[Embran 4]

Will do! Thank you for your prompt response @pushbrk much appreciated!

[Embran 4]

Hi! Just wanted to update that I was approved yesterday.

The officer did not ask to see any of the statements that I brought with me.

I wanted to say thank you to @pushbrk for your precious help on this forum.