Hello all - I have been rummaging through USCIS/Lawyer/VisaJourney/Reddit/Govt sites and can't seem to get the 100% clear answer to my following doubt:
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Background Information:
To start - we are currently filing the IR1/CR1 Spousal (we are at NVC stage)
I am a freelancer whom works for a US company (though I work remotely outside the US) and get a 1099 - my past 2 tax returns include 1099s also - 2 years ago(2021) I made slightly under the 125% (by $200), last year I made well over the 125%, and this year I have already made over the 125% -
Additionally, I have enough liquid assets to cover the 125% x 3 were it needed.
I plan also to get a letter of continuing employment for myself (to also show proof of reestablishing domicile)
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The Actual Question/Doubt:
Where my doubt is the following:
I have seen mostly people talking about people whom are already living legally and working in the US as the intending immigrant and therefore using their income at that point.
Is that the case? or can we use a letter from her employer?
Am I able to use my intending immigrant spouse's income as part of the Affidavit of Support under the following circumstances?
1. She works for a large multi-national where she is currently employed in Portugal
2. The multi-national has already agreed to transfer her position to the US upon moving there (it was agreed since the beginning)
3. They said they will write her a letter stating that she is currently employed and how much she makes - and that they will transfer her job to the US and how much she will make when she can work in the US
USCIS says the following:
1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item
Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part
5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has
accompanying children.
Source: https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
I don't think it will be 100% necessary to use her income - but it would be useful to know this because then it will remove any doubt at interview stage. Since I am not their ideal W2 earner with a "stable" income that they seek - I just want to have all the backups I can incase anything happens.
Thank you!