I-864 and Continuing Income Question

[Windza 9]

My US citizen wife is completing the I-864 on my behalf (I'm the principal applicant) and I wanted to clarify a few points about income continuing from the same source once I become a lawful permanent resident.

We both currently reside together in Australia and are planning a permanent return to the US in November.

My wife hasn't worked in quite a few years as I'm fortunate enough to support both of us (and our 15 month old son) on a single income.

This means we need to satisfy the I-864 requirements on either my assets and/or income (preferably income).

I understand the only way for me to legitimately list my income is under the condition it continues from the same source after I become a lawful permanent resident... all clear enough.

The murkiness comes in here;

Sometime in November I will be eligible for a "long service leave" (LSL) benefit somewhat unique to the industry I work in which entitles me to 3 months paid leave... I also accrue regular annual leave for this 3 month period such that I effectively end up with ~15 weeks of paid leave.

The intention is to take the entitlement and travel to the US in November and quit my employment at the end of the 15 weeks (i.e. while in the US as a lawful permanent resident).

With this in mind, is there any reason why my income shouldn't be listed on the I-864 (even though I know it's not a permanent arrangement)?

The answer might be as simple as; Yes, my income does continue from the same source after I become a lawful permanent resident therefore it's all good - but I'm worried there may be repercussions knowing it's not a traditional situation involving international employment.

As always, any constructive opinions/information will be appreciated.

[S and R 8]

My US citizen wife is completing the I-864 on my behalf (I'm the principal applicant) and I wanted to clarify a few points about income continuing from the same source once I become a lawful permanent resident.

We both currently reside together in Australia and are planning a permanent return to the US in November.

My wife hasn't worked in quite a few years as I'm fortunate enough to support both of us (and our 15 month old son) on a single income.

This means we need to satisfy the I-864 requirements on either my assets and/or income (preferably income).

I understand the only way for me to legitimately list my income is under the condition it continues from the same source after I become a lawful permanent resident... all clear enough.

The murkiness comes in here;

Sometime in November I will be eligible for a "long service leave" (LSL) benefit somewhat unique to the industry I work in which entitles me to 3 months paid leave... I also accrue regular annual leave for this 3 month period such that I effectively end up with ~15 weeks of paid leave.

The intention is to take the entitlement and travel to the US in November and quit my employment at the end of the 15 weeks (i.e. while in the US as a lawful permanent resident).

With this in mind, is there any reason why my income shouldn't be listed on the I-864 (even though I know it's not a permanent arrangement)?

The answer might be as simple as; Yes, my income does continue from the same source after I become a lawful permanent resident therefore it's all good - but I'm worried there may be repercussions knowing it's not a traditional situation involving international employment.

As always, any constructive opinions/information will be appreciated.

I suggest you supply additional information to explain the figures and the calculations when you submit your I-864.

The question with you appears to be that there is no US Citizen/LPR to sponsor or co-sponsor you. Whether the Embassy can accept an I-864 with a 100% self-supporting beneficiary - I just don't know, especially when neither of you will be employed when you relocate. You will effectively be living off your savings. Someone else will advise you on that one.

This is our scenario - my wife is just $2,000 short of the cutoff figure for our family size, and she is still working. I included my cash savings here and also the equity in my property here which came to a huge 6-figure total. I submitted additional information on how we came up with the figures. The message we were sending was that 'we will not need any assistance from anyone for a very long time'. My case was closed at NVC with the comments - Please note that the beneficiary does not meet the minimum income requirements. This decision will be made by the Consular Official at the interview......

I was in the US last week and I secured a back-up I-864 from a co-sponsor that I will present if our I-864 is rejected at the interview. I gather the US Embassy CO's in Sydney are very understanding, I believe a clear explanation of your situation will make a difference.

Good luck!

[Windza 9]

I suggest you supply additional information to explain the figures and the calculations when you submit your I-864.

The question with you appears to be that there is no US Citizen/LPR to sponsor or co-sponsor you. Whether the Embassy can accept an I-864 with a 100% self-supporting beneficiary - I just don't know, especially when neither of you will be employed when you relocate. You will effectively be living off your savings. Someone else will advise you on that one.

Thanks for the advice... you're not quite correct about my employment status when we relocate though. I will be still employed and earning income for another 15 weeks (albeit not in a traditional sense)

Seems like you were willing to take a gamble submitting an I-864 knowing you were just short of the income requirement... I definitely won't be taking that risk but would just prefer to list income rather than assets to substantiate support.

[S and R 8]

Thanks for the advice... you're not quite correct about my employment status when we relocate though. I will be still employed and earning income for another 15 weeks (albeit not in a traditional sense)

Seems like you were willing to take a gamble submitting an I-864 knowing you were just short of the income requirement... I definitely won't be taking that risk but would just prefer to list income rather than assets to substantiate support.

OK. I'm not sure about using beneficiary's income solely for the total amount. The requirement is that the income must be ongoing in order for it to be considered for the I-864, so I think you will be OK if you explain the nature of it, however non-traditional. 24 b states "in certain conditions, the intending immigrant's income....."

Also, the instructions for the I-864 state that beneficiary's assets can be used on the I-864 on the condition that they can be liquidated within 12 months (at 1/5 the value if they are offshore). Its not a Yes or No requirement, they can be included if the sponsor's income is below the poverty guidelines (Instructions for Part 7), that's why we don't believe its a gamble.

[Windza 9]

that's why we don't believe its a gamble.

Re-reading your post I realise what you meant now... I thought you submitted $2000.00 short all told (including your own assets/savings) and that's why you had the "beneficiary doesn't meet the min income requirement" message from the NVC.

Is that a standard message when you use assets to supplement income?

Just seems odd and a little misleading to state something like that when in effect you actually have met the requirements as described by the I-864...

[S and R 8]

Re-reading your post I realise what you meant now... I thought you submitted $2000.00 short all told (including your own assets/savings) and that's why you had the "beneficiary doesn't meet the min income requirement" message from the NVC.

Is that a standard message when you use assets to supplement income?

Just seems odd and a little misleading to state something like that when in effect you actually have met the requirements as described by the I-864...

Yes, it looks like a standard message. The clause on the NVC checklist mentioning the petitioner not meeting the poverty like was marked with a 'X' and not as an RFE but as for your information only, so much that the case was closed and it was left to the CO to decide. Strange, but as the saying goes "every case is different....".

[Windza 9]

Yes, it looks like a standard message. The clause on the NVC checklist mentioning the petitioner not meeting the poverty like was marked with a 'X' and not as an RFE but as for your information only, so much that the case was closed and it was left to the CO to decide. Strange, but as the saying goes "every case is different....".

Well at least I know not to freak out now if I see something similar...

Moving forward with the thread; I guess I have two queries now:

1. As per my OP... can anyone see any issues arising here?
   
2. Can anyone here confirm success (or provide comment on) submitting an I-864 using only intending immigrant assets and/or income? Keeping in mind that using either would be comfortably above the 3x poverty guideline requirement.
   

[Penguin_ie 6,000]

We used assets only, but moved them to the USA ahead of my interview.

Not sure your income would count, as it is very finite- similar to a US based petitioner with a temporary job, the CO has discretion to not allow it, so it will depend on who you get on the day.

[Windza 9]

So the tone of my original query has changed in recent days... having discussed my intentions with my employer there's every possibility now that I will remain employed beyond my leave provisions and to that end, they've signed off on a letter specifically for the NVC stating I will "remain an employee of the company and remuneration will continue even while residing in the United States and until notice is provided from either party". My thinking is that this shouldn't be treated differently to regular employment on the I-864 as it is now a question of job security and no longer a "known quantity" so to speak...

The only remaining questions I have now are:

1. Does anyone see issues using income only where the intending immigrant (spouse) is the sole income earner (i.e. 100% of total household income) and the petitioner makes $0.00?
   
2. It's likely we will need to reside with my in-laws temporarily when we first arrive (if we haven't purchased our own residence prior)... We've included a handwritten letter with signatures from them in the I-864 stating that we have unconditional accommodation with them whenever we require it BUT should this be backed up by an I-864A from them?
   Someone on another forum suggested this might be necessary but considering there's no financial element involved I feel the letter may be sufficient...
   

Edited May 7, 2012 by Windza

[Penguin_ie 6,000]

Parents need not sign anything just for accomodation.

On the work thing, I have heard of such, but usually with large international companies (Google etc).

[Windza 9]

Parents need not sign anything just for accomodation.

On the work thing, I have heard of such, but usually with large international companies (Google etc).

Thanks Penguin, my role with the company is systems and technology which fortunately enables me to perform the bulk of it from home (provided I have a decent broadband connection!).

[Windza 9]

For anyone following this thread I'm happy to report success... I received approval this morning on the single I-864 using only principal applicant income. I'm not sure I'd recommend this approach for anyone else but nonetheless, it can be done :-)

[lssnodgrass 1]

good work! congratulations!