I-864 & I-130 Question

[mriggs 40]

Hi there,

My wife is a US Citizen who has been living with me in New Zealand for the past 15 years. We're looking to move to the US and have sent away the I-130 forms to be processed.

As I understand it, at some point she will have to fill out an I-864. My wife is unable to work for the foreseeable future due to illness, and I am in the process of finishing university (I'll be finished before we plan to leave for the US). I have held jobs well above the poverty line before I started University but I assume that doesn't count.

As she is not living in the US, and does not work here in New Zealand, how do we go about filling out the I-864 when it comes up? Will we need a joint sponsor who is living in America? It's all a bit confusing!

- Jason.

[A'n'L 735]

Foreign earned income does not count, especially if it will not continue after you move to the US.

You have two choices:

1) You could get a joint sponsor. This needs to be an individual who lives in the US and has income above the poverty line to support the two of you in addition to any other dependents he/she might have.

2) If you have savings, you could look into using assets. These need to be more than 3x the required amount for income.

[aleful 1,905]

hi

she will need to fill out an i864 as the sponsor, even if she makes $0 income and attach a letter explaining why wasn't she required to file taxes

also, she will need someone in the US to be her joint sponsor

also she will have to show ties to the US

[mriggs 40]

Foreign earned income does not count, especially if it will not continue after you move to the US.

You have two choices:

1) You could get a joint sponsor. This needs to be an individual who lives in the US and has income above the poverty line to support the two of you in addition to any other dependents he/she might have.

2) If you have savings, you could look into using assets. These need to be more than 3x the required amount for income.

hi

she will need to fill out an i864 as the sponsor, even if she makes $0 income and attach a letter explaining why wasn't she required to file taxes

also, she will need someone in the US to be her joint sponsor

also she will have to show ties to the US

Hi there, thanks very much for your answers, onward to more paperwork!

[Thesmiths2016 117]

Hey

Fellow kiwi here ... and our i-130 has been filed also. When the time for our i-864 comes around we'll be in NZ with a newborn and with my husband working part time. Essentially any income you have when in a foreign country is marked as "0" on the i-864 anyway as it's not going to support anyone when you move to the USA. The income you declare must be income that will exist while in the USA.

So yes, your options are:

1) get a joint sponsor who is in the USA and earns above the minimum threshold (look up the i-864P which gives you guidelines dependant on household numbers)

2) use savings and assets instead, which needs to be at least 3x the income requirement (for example, our household of 3 needs $76000 in savings and/or assets to qualify)

YOu can also have a combo of both the above. All the best!!