I-864 - Applicant Income

[JustJimothy 2]

Hey there!

 

My Wife (petitioner/citizen) and I (applicant/immigrant) are filling out the I-864 as part of the IR1/I-130 process and she doesn't meet the required amount to sponsor me.

Her mother has graciously come forward as a joint sponsor however we'd like to make it off our own back if possible.

 

The application instructions state:

 

 

This seems like I can declare my current, foreign, income converted to USD and list it on I-864 part 5?

I make well above the limit needed and the income comes from a company in the US which

will provide whatever I need stating that I have and will be working with them pre/post immigration.

 

I checked the FAQs on USCIS website and there seems to be conflicting information than the instructions:

 

 

 

So, in summary, here's my questions:

1. Can I/We declare my current income in Ireland on the form as household income and will it be sufficient if over the limit?
2. What would the letter look like from my employer?
3. Should I/We go with the joint sponsor or use my salary

 

I've searched and seen threads that have asked a similar questions but unfortunately none of them provided feedback from the interview to state that it's fine

nor examples of what supporting evidence they brought to the interview.

 

Thanks for taking the time to read!

 

James

 

Edited October 22 by JustJimothy

[pushbrk 12,814]

yes, your income that will continue from the same source, can be counted.  Get an offer letter stating you will be transferred once the visa is in hand, at X salary.  State that salary on the I-864 directly, and it will be added to the total.  The form is designed to do that.

[JustJimothy 2]

13 hours ago, pushbrk said:

yes, your income that will continue from the same source, can be counted.  Get an offer letter stating you will be transferred once the visa is in hand, at X salary.  State that salary on the I-864 directly, and it will be added to the total.  The form is designed to do that.

 

I'm not sure if the specificity matters but I operate under an umbrella company (Company A) in Ireland for tax purposes, they basically handle the invoicing and administration of my taxes etc, which the company in the US (Company B) contracts. Not sure if that buffer matters?

 

In Ireland I'm listed as a director of Company A. I'm listed by name and a signatory in the contracts between Company A and Company B.

I guess it's gonna be normal scenario for any foreign contractor to a US company but it's not going to be an intercompany transfer.

 

See any problems with that?

 

Like if I am to say my income is to persist from the same source, technically the same source would be Company A in Ireland with Company B as a client.

If I was to have a letter of offer from Company B in the US, it can/could be interpreted as a change in source of the income and a job offer is not enough by itself.

 

Of course it's a possibility I'm over thinking it but maybe the details matter.

 

[pushbrk 12,814]

10 hours ago, JustJimothy said:

 

I'm not sure if the specificity matters but I operate under an umbrella company (Company A) in Ireland for tax purposes, they basically handle the invoicing and administration of my taxes etc, which the company in the US (Company B) contracts. Not sure if that buffer matters?

 

In Ireland I'm listed as a director of Company A. I'm listed by name and a signatory in the contracts between Company A and Company B.

I guess it's gonna be normal scenario for any foreign contractor to a US company but it's not going to be an intercompany transfer.

 

See any problems with that?

 

Like if I am to say my income is to persist from the same source, technically the same source would be Company A in Ireland with Company B as a client.

If I was to have a letter of offer from Company B in the US, it can/could be interpreted as a change in source of the income and a job offer is not enough by itself.

 

Of course it's a possibility I'm over thinking it but maybe the details matter.

 

Yes the details matter, but they are not clear to me.  If Company A is an Irish subsidiary of Company B or Company B otherwise owns company A, then that can be clearly documented and it would be fine, meaning fitting the description I gave you.  If not, please explain more clearly.

[JustJimothy 2]

10 hours ago, pushbrk said:

Yes the details matter, but they are not clear to me.  If Company A is an Irish subsidiary of Company B or Company B otherwise owns company A, then that can be clearly documented and it would be fine, meaning fitting the description I gave you.  If not, please explain more clearly.

Company A in Ireland is not a subsidiary or owned in anyway by Company B (US). Company B contracts Company A with me listed as the prime operator in the contract which is signed by me as the director of Company A. 

[pushbrk 12,814]

12 hours ago, JustJimothy said:

Company A in Ireland is not a subsidiary or owned in anyway by Company B (US). Company B contracts Company A with me listed as the prime operator in the contract which is signed by me as the director of Company A. 

That doesn't sound like anything more than a job offer, the way you explain it, but maybe it can be explained in a way that justifies interpreting it as income continuing from the same source.