Affidavit of Support with foreign earned income and assets

[SSF3186 0]

Hello, I'm wondering what the rules are around the Affidavit of Support for the Spouse Visa?  I have filed all my taxes in the US and have higher income than the minimum 25K a year, but all my income is Foreign Earned since I've lived outside the US the past 14 years.  I've heard that Foreign Earned Income is not accepted by immigration unless you can prove that the income will continue when moving to the US.  I currently have  jobs, 1 working as a teacher.  I also own a restaurant that will continue to generate income when I come back to the US.  We have assets in the form of 2 apartments that we rent out, but they are located in Korea, not the US.  I heard that as long as you have assets 3x the 25K that it's fine, however I am wondering if foreign assets are acceptable and what other factors I should know about.

[OldUser 6,547]

The path of least resistance would be to get a joint sponsor.

[pushbrk 12,824]

11 minutes ago, OldUser said:

The path of least resistance would be to get a joint sponsor.

While the above is certainly true, many much prefer to be self sufficient.  Sounds like the assets are enough, and the self employment/business ownership continued income is hard to document.  Restaurants tend to do better when the owner is on-site.  Rental properties are not really liquid and landlords usually have little or no taxable income, after deducting allowable depreciation and expenses.  If you really want to qualify on your own, you would sell the foreign real estate, and send it in dollars to your US bank account.

[Deker1972 25]

you can also use savings 

[Boiler 45,402]

Back when I went through this property was tricky due to easily realisable requirement.

 

So it is a judgement call which may or may not go for you.

[pushbrk 12,824]

6 hours ago, Boiler said:

Back when I went through this property was tricky due to easily realisable requirement.

 

So it is a judgement call which may or may not go for you.

Correct.  Cash is liquid and US dollars in liquid funds are preferred.

 

[powpow13 3]

I'm copying this response from another thread, as another user had a similar question:

 

The issue is not that your income is 'foreign earned', it's that the Sponsor MUST be a full-time resident of the United States (even if qualifying with assets). You can see this on the USCIS website here, under "Sponsor for Affidavit of Support": the requirements are that the Sponsor must be at least 18 years old, a USC, and living in the United States. The only exception is "If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States." In this case, it might be difficult for you to prove that you're only temporarily outside of the United States since, from what I understand, you have been living abroad for 14 years and might not have a domicile in the United States anymore. 

 

The easiest option is to have a member of your family, someone who resides full-time in the United States and can prove that (with US tax documents, paystubs, driver's license, utility bills, anything that proves they have been residing in the United States for some time). Of course, they'll have to prove they're also a United States citizen, i.e. show a scan of their passport. Even if you transfer your assets to the US, you would have to prove your residence like this as well, which is why I think it might be easier for you both to ask another USC to be your sponsor. 

 

I hope your family members will be able to assist, and I'm wishing you the best of luck!