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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

Penguin_ie
I know they prefer income to assets generally, so I just thought of something: I (the foreign spouse) have a side-job writing for a specialist magazine. I can do this from anywhere, as I simply submit my monthly article via email, and sometimes review a few books for an additional fee. It's not enough to live on but it would be a significant junk of the money needed for the affidavit of support (about 14'000 dollars a year, depending on exchange rate). From what I understand, the foreign spouse' income can be taken into account as long as s/he lives in the same household as the USC and as long as the income will continue after the move to the US- we qualify on both counts. However, I have no contract- I do this on a freelance basis. I am sure I could get the magazine's editor to write me a letter saying how much I make a month and that this is likely to continue for the forseeable future though (I have been doing this for years and they are very happy with me).

Do you think this would count?
Haole
Normally they don't consider what the beneficiary makes. However it can be a plus at the interview if the petitioner is marginal on finances.
trailmix
I know they prefer income to assets generally, so I just thought of something: I (the foreign spouse) have a side-job writing for a specialist magazine.

I don't know if they prefer assets to income in general? I am the sponsor and we solely used assets. Although I did have foreign income on the 3 years of tax returns presented (and they did want to see all 3 years). I think that yes, it's somewhat important to prove that you can make an income, however assets are completely acceptable as well.

From what I understand, the foreign spouse' income can be taken into account as long as s/he lives in the same household as the USC and as long as the income will continue after the move to the US- we qualify on both counts.

Actually the foreign spouse' income can be taken in to account whether he/she lives at the same residence or not. Basically that instruction on the I-864 is saying that the beneficiaries income/assets can be used if he/she lives at the same address, however, it goes on to say that if the beneficiary is your spouse, they do not have to be residing at the same address:

I-864 -Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

- Do you think this would count?

I personally think it would count, as long as you can verify it. good.gif



MargotDarko
It would count, but it sounds really tricky to prove it when it's freelance work. If I were in the situation, I would not rely on it to meet the requirement if at all possible.
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