Hello all,

I'm a little bit panicked so I'll get straight to the point. I could really use some help here. I'm American and my husband is British. I've been living in Scotland with him for the past 20 months on a 2 year visa which is due up in October. In February we decided to move to California so we started the whole process. Everythings gone fine so far. We are now at the I-864 stage. Here's where I'm having problems.

While living here in the UK I've been working making £14500 or approx $25,000 annually. As I was physically present in the UK for the full tax year and did not work at all in the US over the past two years I qualify for foreign earned wage exclusion so I didn't file taxes in the US. Anyways, I have accepted a job in the US making $65,000 annually and it begins in September of this year (or whenever we get clearance for my husband to move to US).

So when filling in the I-864 I was under the impression that the information they want is pertaining to what my salary will be in the US. After all, the whole point of the Affadavit is to prove that my husband won't be a charge on public funds once we live in the US. My previous wage doesn't reflect what I will be making. I have a letter from my employer regarding my new job and I've already given notice of quiting my current job. So, under my current income can I use $65000 and include the letter which will prove I could support my husband 125% over poverty line once we are living in the US, or would they want my UK wage which will be ending shortly after they receive the form back?

If anyone has any advice, it would be most appreciated. Many thanks!

First, you must file the tax return and then use the income exclusion to zero your tax obligation. You are not exempt from filing a tax return. The first thing to do is to file your 06 tax return.

I would get the job offer in writing on Company letterhead before the interview but you may well need a joint sponsor to show enough current income unless you've got a little over 50K USD in liquid assets you can show. There's little chance a joint sponsor will ever have any obligation in your case.

I strongly second this. I suspect the job letter itself won't be good enough without proof of pay. To be safe, find a stateside joint sponsor.

willchels,

I-864 is the dominant factor in evaluating whether an immigrant applicant meets the public charge provisions of the law, but it is not the only factor. I'm not sure what would be the best way to fill out the I-864, but you can and should include the information about the new job in the USA with the I-864.

Perhaps fill out two I-864s, one showing you current income from your current job in item 23 and the other showing your offered job's income, and let the consular officer decide which to use.

Yodrak

Thanks everyone for your help. This has got to be the most stressful thing I've gone through in my life!

So, I've already finished my taxes and the 2555 Foreign Earned Income Exclusion and will get that off ASAP. I'm wondering now if I should wait for something to come back, or if I should try to put forth the I-864 with my original plan with an explanation letter of the exclusion and how I qualify for it. My husband agrees that might be worth trying to send both I-864's and letting them decide which one they want. I can include an explanation letter there too. I also have a copy of the magazine I'll be working for with my article featuring in it. I also do have a joint sponsor who has already filled in the I-864 and does have his tax returns and a letter from his employer.

If I send this I-864 back and they are unhappy with the way I've done it or feel something's missing, will they decline it right away or send it back to be fixed? One of the websites I was reading suggested that at this stage they would send it back and ask it be fixed and sent back. Is this true?

Thanks again. You are all so very helpful.

Hi there,

My I-864 was approved at NVC level but then a tax issue was picked up at the embassy interview in London.

Therefore, I woUld say, submit your two I-864's one relating to each of the two jobs, and if you get a request for more information from the NVC, you have the back up of the joint sponsor, however if you do not recieve a request for more informtaion from the NVC and they accept what you have submitted, I would still suggest hanging on to the joint sponsor information that you have and taking that along to the interview just in case.

Good luck with the rest of your journey

Sarah