CR-1: I-864 form questions

[DanInWonderland 0]

Hello,

I am a USC and my wife is an Irish citizen. We married in 2008 and have been living on the island of Ireland (Belfast/Dublin) since then. We have a 4-year old son who is a citizen of both countries. We are applying for my wife's CR-1 visa and have just received our NVC Welcome Letter. We own a home in N. Carolina were we intend to reside upon receipt of my wife's visa. She has a Master's Degree and is employed here in Ireland, but her job will not transfer when we move. Neither of us has a job awaiting us in the U.S. Though we own a home with about $200K in equity and have about $20K in cash, it does not satisfy the financial requirements as specified in the USCIS guidelines.

To that end, my parents are more than willing to sponsor her, but...

My father is a UK citizen who is a permanent resident in the U.S. He is a retired U.K. Foreign Service officer (Consular General) . The majority of their income is his U.K. pension. There is some property equity and cash/investments, but not enough to satisfy the minimum requirements. Because of the dual-taxation agreements between the U.S. and the U.K., his U.K. pension income is neither recorded by, nor reportable to, the IRS. That mean their IRS tax returns are negligible, showing insufficient income to meet the poverty guidelines.

I have been in email contact with the U.S. Consulate's visa section in Dublin regarding this matter, but understandably, they cannot offer specific guidance on a particular case and have referred me to the USCIS website. I cannot for the life of me uncover definitive information to resolve my questions as to whether my father's pension income is a valid resource for joint sponsorship, and if so, how to accurately record it on the I-864. I feel the clock ticking away. Can anyone help?

Thank you.

[Morganalmonshid94 84]

If I'm correct if he makes no income since it is not claimable on his irs tax returns then he would not be an option as a co sponsor, check line 22 on his 1040 tax form and see exactly how much it says for total income .

[DanInWonderland 0]

Hello, thank you for your reply. You seem to have come the crux of the question — the income is real, and it gets converted/transferred from GBP in his account in England to his USD account at home. The money is real, guaranteed and comes in on a regular basis...it just doesn't appear on his IRS returns because the law does not require it.

Has anyone else had — or come across — a similar situation?

[marymon 15]

Poverty guidelines for 3 is 20,090, So you need at least 60,000?

[NikLR 13,220]

He doesn't need it to be taxable, he just needs to show proof that he receives it. Bank statements and any other proof that this pension is ongoing, not taxable, and that he makes enough because of it.

[DanInWonderland 0]

Hello NLR,

I would (obviously) agree with your assessment, but how do I actually show it on the I-864 form? And what proof would USCIS deem as acceptable?

Thank you.

[Ryan H 3,790]

Hello NLR,

I would (obviously) agree with your assessment, but how do I actually show it on the I-864 form? And what proof would USCIS deem as acceptable?

Thank you.

USCIS doesn't make the call, the CO at the embassy does. You don't show the proof on the form itself, you submit copies with the form of how the money is received (e.g. a bank statement like NLR already posted).