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When do they determine I-864 sufficient income?

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Filed: Timeline

I'm USC married to a Japanese woman last summer. We got scheduled for visa interview (DCF U.S. Embassy in Tokyo) a few weeks ago. I'm currently a graduate student/self-employed Japanese translator. During our visa petition, the consular officer said that income in Japan is not applicable to future income in the U.S. and said I needed to show around $54,000 in assets (125% Poverty Level * 3). I'm able to meet this requirement. And I can also show that I can continue to work for Japanese clients while in the U.S.

My concern is that in 2007, my income level did not meet 125% PL (being a grad student). They did for 2008 and 2009. And I can meet the assets requirement.

So I plan to show:

- Past 3 years tax transcripts (or is just showing 2009 tax return sufficient?)

- Letters from clients saying work will continue to come while I'm in the U.S.

- Past 6 months pay stubs from clients

- Assets (bank statements, stocks, etc.)

Anything else helpful to show?

My questions:

- Should I ask my dad to be a joint sponsor just in case? I'm concerned about the 2007 income when it did not meet 125% PL.

- When do they determine that a joint sponsor would be needed? At the visa interview with my wife when I present the I-864 info?

I would rather not involve my dad unless absolutely necessary. So is it possible to withhold this info unless they ask for it?

Is it possible they'll ask for this AFTER the visa interview, e.g. by calling me?

Thanks for all your help!


09/07/2006 - Met in school

12/08/2006 to 12/2008- Getting to know each other. She had to return to Japan. LDR.

01/03/2009 - Proposed. She said yes!

07/04/2009 - Got married to Tokyo. I moved to Tokyo.

04/26/2010 - Filed 1-130 at U.S. Embassy in Tokyo(6 months after receiving Japanese spouse visa in October 2009)

05/14/2010 - 1-130 got approved

06/28/2010 - Visa interview scheduled

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Filed: IR-1/CR-1 Visa Country: Vietnam

Current and continuing income is what is typically measured. Letters from potential future clients in the US will not be strong proof of continuing income. If it is employment with current clients that would continue then that income may be considered.

If you qualify based on assets as described in the I-864 instructions then you can go alone. Be sure to document the current value of those assets properly.

Having your parent as a back up co/joint sponsor is a reasonable idea. I would take the parent's completed I-864 along with all supporting documents to the interview so that if the CO asked it can be presented.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318


PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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