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I864 Question - Out of the country income

By femery in Adjustment of Status from Work, Student, & Tourist Visas

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femery Contributor

femery   1

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

Hi, I'm currently living with my husband in the US but I still have my job from Brazil and pay taxes to Brazil (I work from home). I have my pay stubs, but the form requests W2 forms or tax returns which I dont have since I never lived in the US. I still get my paychecks every month so my question is:

- Can I still use my income or is it mandatory for the income to be produced in the US?

Thanks for any help!

09/07/2012 - Mailed AOS package (I-130,I-485,I-765) via USPS Express Mail.

09/10/2012 - Package delivered by USPS.

09/12/2012 - Email notification received.

09/17/2012 - NOAs for I-130, I-485 and I-765 received in the mail.

09/20/2012 - Biometrics appt scheduled for 10/04/2012.

10/04/2012 – Biometrics completed.

11/02/2012 - Interview scheduled for 12/04/2012.

11/14/2012 - 1st text EAD approved/production.

11/19/2012 - 2nd text EAD approved/production.

11/20/2012 - EAD mailed.

11/24/2012 - EAD received.

12/04/2012 - Interview..approved, thank God! :D

Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

Did you already file for AOS?

I assume you are talking about I-864?

Here read this link towards the bottom to better give you information regarding your question.

Also, read here about your income from Brazil (here), there is going to be a point in time when you have to pay taxes on your foreign income as LPR.

No matter where the income comes from, nor where you reside, stops a US citizen or alien resident in US from paying taxes on that money.

Maybe check with an accountant skilled in the area of foreign income.

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femery Contributor

femery   1

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
  • Author
Posted

No I'm still filling out the forms but we got to the I-864 now and I was wondering since I still have my income. But thank you for your help! I found this info that answers my question:

The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been

living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if

they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note

that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S.

on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN

THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are

NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when

interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.)

09/07/2012 - Mailed AOS package (I-130,I-485,I-765) via USPS Express Mail.

09/10/2012 - Package delivered by USPS.

09/12/2012 - Email notification received.

09/17/2012 - NOAs for I-130, I-485 and I-765 received in the mail.

09/20/2012 - Biometrics appt scheduled for 10/04/2012.

10/04/2012 – Biometrics completed.

11/02/2012 - Interview scheduled for 12/04/2012.

11/14/2012 - 1st text EAD approved/production.

11/19/2012 - 2nd text EAD approved/production.

11/20/2012 - EAD mailed.

11/24/2012 - EAD received.

12/04/2012 - Interview..approved, thank God! :D

 
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