If Income Requirement Can Be Justified By Job Offer To Beneficiary In USA!

[navj1699 11]

Hello, Community!

 

Here's a rather unusual discussion, 

 

If income requirement can be justified by presenting a job offer (internal company transfer) to work in USA, Attained by beneficiary, In case if petitioner doesn't have any income  ?

 

I know co-sponsor is an option, But if the mentioned scenario could satisfy counsellor that alien won't be a burden on government for benefits as He/ She has a job offer ? 

 

I know it's not a usual case for counsellor either but if the motive to make sure pettitioner makes enough money to take care of family and alien then job offer to beneficiary should fill the gap without the help of co-sponsor. 

 

Tell me what y'all think and if anyone had a similar case.

 

 

[ms_bobdog 501]

I would imagine not, but again, I did find this on the USCIS page: 

 

• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member . If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

The only thing here though, is that a spouse is not a dependent. So I would still think the answer is no if your spouse has not lived with you for the last 6 months.

[geowrian 22,335]

A job offer will not meet the requirements for the I-864 no matter how you slice it. They have to look at current income, not expected future income for the minimum requirement aspect.

 

However, a spouse beneficiary's existing income may be included in the household income on the petitioner's I-864 in some circumstances. See the quoted lines above for requirements (although no I-864A is needed for a spouse of the petitioner, per the I-864 instructions). I'm also not sure if they will count the transfer as "continuing from the same source". The most common use of this provision is for AOS applicants who were already legally working within the US.

Edited February 19, 2018 by geowrian

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[Nitas_man 3,100]

23 hours ago, navj1699 said:

Hello, Community!

 

Here's a rather unusual discussion, 

 

If income requirement can be justified by presenting a job offer (internal company transfer) to work in USA, Attained by beneficiary, In case if petitioner doesn't have any income  ?

 

I know co-sponsor is an option, But if the mentioned scenario could satisfy counsellor that alien won't be a burden on government for benefits as He/ She has a job offer ? 

 

I know it's not a usual case for counsellor either but if the motive to make sure pettitioner makes enough money to take care of family and alien then job offer to beneficiary should fill the gap without the help of co-sponsor. 

 

Tell me what y'all think and if anyone had a similar case.

 

 

Not if you are K1.  A job offer doesn't mean anything because you won't be able to work for several months.

 

 

Edited February 20, 2018 by Nitas_man

[pushbrk 12,106]

Your profile says K-1 fiance visa but you are posting in a spouse visa forum.

 

If it really is a K-1 visa, the answer is no.

 

If it is a spouse visa, then the answer is yes.  Others have told you wrong.  In an immigrant visa case, the income and/or assets of the "intending immigrant" (not dependant or household member) can be used, provided the INCOME will continue from the same source.  In internal transfer from India to the USA with the same company, is considered income from the same source.

 

Read the instructions for the I-864 and become an A-Student of them, with particular attention to the section involving the intending immigrant's income or assets.

 

I want to add that the decision on public charge is a judgment call, NOT based on the PETITIONER's ability to support the immigrant, but rather on the likelihood the immigrant will become a public charge.  If the intending immigrant's financial resources and/or income could not be considered, how would a housewife, ever bring her high earning foreign spouse to the USA?  Thinking caps and instruction study, folks.  Preferably BEFORE you give misinformation to people looking for help.

Edited February 20, 2018 by pushbrk

[navj1699 11]

16 hours ago, pushbrk said:

Your profile says K-1 fiance visa but you are posting in a spouse visa forum.

 

If it really is a K-1 visa, the answer is no.

 

If it is a spouse visa, then the answer is yes.  Others have told you wrong.  In an immigrant visa case, the income and/or assets of the "intending immigrant" (not dependant or household member) can be used, provided the INCOME will continue from the same source.  In internal transfer from India to the USA with the same company, is considered income from the same source.

 

Read the instructions for the I-864 and become an A-Student of them, with particular attention to the section involving the intending immigrant's income or assets.

 

I want to add that the decision on public charge is a judgment call, NOT based on the PETITIONER's ability to support the immigrant, but rather on the likelihood the immigrant will become a public charge.  If the intending immigrant's financial resources and/or income could not be considered, how would a housewife, ever bring her high earning foreign spouse to the USA?  Thinking caps and instruction study, folks.  Preferably BEFORE you give misinformation to people looking for help.

Thank you so much for valuable response.

 

We've filed CR1 and i-130 is approved and status is "Case Was Sent To The Department of State". 

 

My husband, The beneficiary is working with one of the biggest information technology firm and has been selected for superior professional skills to work at US site.  Company was formed in 1976.  The enterprise generates annual revenues of over US $8 billion with more than 120,000 employees from 140 nationalities operating across 39 countries. 

 

Hubby has been working here for more then four years and been a great performer and a think tank for projects he's been assigned to.

 

Now, What I make every year is 16 thousand with responsibility of two daughters and myself. I've got a second job though, A week ago at best buy, where they're paying me 11.5 an hour with 45 hours a week as a second job at night. I live in Texas and that's definitely under property line and co-sponsor is required but I was wondering after all hubby has already got a promise letter of transfer to US with salary mentioned as well which is more then 35k should be enough to close the deal but I don't know if govt will accept it as a guarantee or no.

 

Let me know if this elaboration gives us more deep info on situation.....

 

we're being torn by the delay.....idk why they're so cold :(( I would pray no one gets through this ever! 

 

God bless everyone.

Edited February 20, 2018 by navj1699
Typo

[navj1699 11]

17 hours ago, Nitas_man said:

Not if you are K1.  A job offer doesn't mean anything because you won't be able to work for several months.

 

 

Hey thanks for response, I'm sorry I didn't setup the profile initially and for some reason it was showing k1 but we've filled for CR1.

[pushbrk 12,106]

3 hours ago, navj1699 said:

Thank you so much for valuable response.

 

We've filed CR1 and i-130 is approved and status is "Case Was Sent To The Department of State". 

 

My husband, The beneficiary is working with one of the biggest information technology firm and has been selected for superior professional skills to work at US site.  Company was formed in 1976.  The enterprise generates annual revenues of over US $8 billion with more than 120,000 employees from 140 nationalities operating across 39 countries. 

 

Hubby has been working here for more then four years and been a great performer and a think tank for projects he's been assigned to.

 

Now, What I make every year is 16 thousand with responsibility of two daughters and myself. I've got a second job though, A week ago at best buy, where they're paying me 11.5 an hour with 45 hours a week as a second job at night. I live in Texas and that's definitely under property line and co-sponsor is required but I was wondering after all hubby has already got a promise letter of transfer to US with salary mentioned as well which is more then 35k should be enough to close the deal but I don't know if govt will accept it as a guarantee or no.

 

Let me know if this elaboration gives us more deep info on situation.....

 

we're being torn by the delay.....idk why they're so cold :(( I would pray no one gets through this ever! 

 

God bless everyone.

My previous response addresses your question more than adequately.