Income Stability

[John&Julie 2]

My fiance and I have met and are marrying in New Zealand, she is from France and I from the USA. After we file the I-130 and we go through the process, I have to submit and I-864 form declaring my income from the last three years. Last year I lived in Australia and made no income and the years before that I was making around 35k. 

 

Does anyone know if this might cause her visa to be rejected? I could ask one of my parents to act as another sponsor, but I would prefer to leave all the obligations up to me.

 

Has anyone had any troubles?

[aleful 1,905]

Spoiler

 

what about current income? plus the process takes around 12 to 14 months, so you will have 2018 taxes next year and current income for 2019

 

what you make next year is the most important

 

 

 

 

[JFH 12,189]

Your income (or lack thereof) will not cause her visa to be rejected as you will need to find a joint sponsor if you do not meet the requirements. Yoircsse womt get through the NVC stage if you can't provide evidence of the means to support her.

 

Your income won't count unless it will continue from the same source after you return to the US. 

 

I assume you filed tax returns for the years you were overseas and earning?

[JFH 12,189]

*~*~*moved from "K-3 spouse visa process and procedures" to "IR-1/CR-1 spouse visa process and procedures"*~*~*

[John&Julie 2]

Currently we are working and traveling overseas in New Zealand. I've had no US income for two years. 

[pushbrk 12,105]

58 minutes ago, aleful said:

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what about current income? plus the process takes around 12 to 14 months, so you will have 2018 taxes next year and current income for 2019

 

what you make next year is the most important

 

Not exactly.  You "qualify" or do not qualify based on "current income", not income for any specific year.  Right now, the OP has ZERO income because they have no job in the US.  If they start a job tomorrow, with a 35k salary, then their current income is 35k.  If one loses a job today, their current income tomorrow is ZERO.  

 

Whether the Consular Officer will decide the public charge issue in one's favor, is a judgment call, that meeting a minimum requirement does not assure will be in their favor.

 

Unless this OP returns to the US and gets a job at least several months before the visa interview, they should expect to need a qualified joint sponsor.  If that's a married parent, then that's really a joint sponsor PLUS a spouse/household member.

[John&Julie 2]

I have my savings, and I am financially independent. 

 

But yes I don't have a job yet in the US as I return in September/October. 

 

If I cannot find a proper job by the time I need to file. Is it possible to put my parents as the sponsor? And she could be evaluated by their income?

 

If that is the case, is there any legal reaction to her not being able to live and work in a different state other than the home state of my parents? Could i assume responsibility as her sponsor after she arrives and I am gainfully employed?

 

Thanks you so much for your help pushbrk and JFH

[aleful 1,905]

It will depend on how much savings you have at the time

 

a lot of things can happen next year, you can get a job, or your parents might need to be a joint sponsor. it is too soon to tell, go back to the US and see what happens

 

and it doesn't matter that your parents as joint sponsors live in a different city or state

 

Edited April 21, 2018 by aleful

[pushbrk 12,105]

1 hour ago, aleful said:

It will depend on how much savings you have at the time

 

a lot of things can happen next year, you can get a job, or your parents might need to be a joint sponsor. it is too soon to tell, go back to the US and see what happens

 

and it doesn't matter that your parents as joint sponsors live in a different city or state

 

Correct in all aspects including it doesn't matter which state.  No, you cannot remove your parents from their obligation, but their obligation is always second to yours.  You remove them from obligation simply by supporting the sponsored immigrant yourself.

[JFH 12,189]

6 hours ago, John&Julie said:

I have my savings, and I am financially independent. 

 

But yes I don't have a job yet in the US as I return in September/October. 

 

If I cannot find a proper job by the time I need to file. Is it possible to put my parents as the sponsor? And she could be evaluated by their income?

 

If that is the case, is there any legal reaction to her not being able to live and work in a different state other than the home state of my parents? Could i assume responsibility as her sponsor after she arrives and I am gainfully employed?

 

Thanks you so much for your help pushbrk and JFH

You are always her sponsor until the contract expires (and that happens when she either gains US citizenship, leaves the USA permanently and relinquishes her residency, dies, or works 40 qualifying quarters). Your parent(s) will be a joint sponsor (plus household member if the main parent needs to include him/her also). 

 

Having a joint sponsor isn't the end of the world. We had one too as my husband was unemployed and in school when I went for my interview. The joint sponsor can be any USC or green card holder over 18 years of age, living in the US and with sufficient means to cover themselves, their household and the immigrant at the current rates. They don't even have to be related to you. I know of a case where the pastor from the petitioner's church was the joint sponsor. 

 

 

[pm_1234 18]

You can use your assets in lieu of US earned income. I refer you to the following sources for additional info:

 

US Government Website:

https://www.uscis.gov/greencard/affidavit-support   (look under income requirements)

https://www.uscis.gov/sites/default/files/USCIS/Resources/F3en.pdf

 

Poverty guidelines for 2018

https://aspe.hhs.gov/poverty-guidelines

 

 

[John&Julie 2]

Thank you,

 

It looks like I will need a sponsor at least for the time of her interview. I can't imagine the government allowing her to come as my sponsor when I have not worked in the US for two years. 

 

Is it better to have both my parents sponsor her? Their assets and income can cover her for the interview, but I just want it to be clear that she is my responsibility. I would hate to have my parents feel like they are now responsible for the welfare of my wife.

 

Thanks for all your help

 

J&J

[arken 4,197]

34 minutes ago, John&Julie said:

Thank you,

 

It looks like I will need a sponsor at least for the time of her interview. I can't imagine the government allowing her to come as my sponsor when I have not worked in the US for two years. 

 

Is it better to have both my parents sponsor her? Their assets and income can cover her for the interview, but I just want it to be clear that she is my responsibility. I would hate to have my parents feel like they are now responsible for the welfare of my wife.

 

Thanks for all your help

 

J&J

Not both as sponsors, one could be a joint  sponsor and fill out i864 and another can be the head of household and fill out i864A. You would still fill out i864 as the petitioner and main sponsor.

 

The responsibility part is all about the trust between you and you parents. Legally, they would be responsible and if they feel so, they are correct.

[pushbrk 12,105]

8 hours ago, arken said:

Not both as sponsors, one could be a joint  sponsor and fill out i864 and another can be the head of household and fill out i864A. You would still fill out i864 as the petitioner and main sponsor.

 

The responsibility part is all about the trust between you and you parents. Legally, they would be responsible and if they feel so, they are correct.

Not head of household.  "Household member".  The petitioner is always the primary sponsor.  What will be abundantly clear to anybody who reads it, is the actual contract contained in the I-864 itself.  Read it carefully, as I'm sure your parents will.