Income Requirements Before and After Arriving in the United States

[Zachriel 0]

Evenin'!

I'm British and my fiancée (who I'll call "B") is American and living in West Virginia. She has six children (Yes, I know what I am getting myself in to!) and has a pseudo-medical practice that she runs herself as her main source of income. She also claims alimony from her ex-husband.

Our issues with our K-1 Visa application all come down to financial issues. While B manages just fine on her income meeting the requirements is a struggle for us, but between Alimony (not child support) and her income from her business she managed to meet the requirements for 2012 and we filed for K-1 in January (we've received NOA1 and are told that it's with the VSC).
Question 1: Are we likely to come up against any resistance from part of B's income being alimony?

We're now looking at the 2013 financial requirements. With VSC taking its time, by the time I am being interviewed at the embassy in London it will quite possibly be 2014 already; I will no doubt be expected to prove my B's income for the year 2013 and we are currently struggling to work out how to make these numbers work.

Question 2: What suggested evidence of B's income is either expected or required, considering that she does not have a salary?

So, onto 2014. With the current estimates and time-lines (and all going to plan) I expect to be able to move to the US some time early 2014. We will get married almost immediately and file for Adjustment of Status. I understand that we will again be asked to prove B's income as part of the AoS process and we are also tentatively discussing how we go about reaching the required figure which is somewhere near $50,000. We are trying to clear up a few things surrounding this.
Question 3: Assuming the Adjustment of Status filing goes ahead around April 2014, when would we be expected to provide proof of B's income? Part of the filing involves an Affidavit of Support which I would imagine will be based on 2013's earnings, but is it likely we will need to further validate her income after filing?

Question 4: Following getting married, will I be able to work in the United States by applying for Employment Authorization, and actually find employment before the Adjustment of Status process is complete?

Question 5: Assuming that Adjustment of Status does require us to provide proof of income for the year 2014, will I be able to contribute my earnings to the household earnings once I have Employment Authorization?

Question 6: My understanding is that we can make up the figures with five times the difference in assets. What defines assets? Would savings count? How about savings that came to us in the form of a gift (specifically, a wedding gift)?

I really appreciate any help and advice you can offer, with answers to any of these questions. Financial requirements have been the bane of our existence, since with our large family the numbers are pretty high, and any sane person would probably give up at this point!

[LeftCoastLady 441]

Question 1: Are we likely to come up against any resistance from part of B's income being alimony?

Question 2: What suggested evidence of B's income is either expected or required, considering that she does not have a salary?

Question 3: Assuming the Adjustment of Status filing goes ahead around April 2014, when would we be expected to provide proof of B's income? Part of the filing involves an Affidavit of Support which I would imagine will be based on 2013's earnings, but is it likely we will need to further validate her income after filing?

Question 4: Following getting married, will I be able to work in the United States by applying for Employment Authorization, and actually find employment before the Adjustment of Status process is complete?

Question 5: Assuming that Adjustment of Status does require us to provide proof of income for the year 2014, will I be able to contribute my earnings to the household earnings once I have Employment Authorization?

Question 6: My understanding is that we can make up the figures with five times the difference in assets. What defines assets? Would savings count? How about savings that came to us in the form of a gift (specifically, a wedding gift)?

1. & 2. People have used their alimony as being a source, but, be sure to have the appropriate documentation with the I-134 that details how her income qualifies her to cover you, the beneficiary. She should plan on sending you tax transcripts when interview time comes.

3. When filing the Adjustment of Status package, she will have to include the I-864 and supporting documentation (bank statements, letter noting alimony is $X per month, tax transcripts, etc.) that her income meets the income guidelines of her family plus you.

4. You won't be able to legally work in the U.S. until you file the Adjustment of Status (I-485) package. When you file, be sure to do the Employment Authorization application (I-765) as well. It's free when sent with the I-485 and will allow you to work sooner since it takes 60-90 days to receive the EAD.

5. See #4. Unless you're bringing UK-based income paid into a UK bank account, you'll need to file the AOS package before being able to legally work in the U.S. and part of that package must include the I-864 Affidavit of Support.

6. Assuming you're referring to assets to qualify for the AOS package, be sure to read the I-864 instructions (Part 7) on what qualifies: http://www.uscis.gov/i-864

[Zachriel 0]

LeftCoastLady: Thanks for the great responses! You've given me a lot more reading and research to do.

Regarding your response for #5, and filing for AoS;

I work freelance as a web developer from time-to-time and the nature of this role allows me to work at a distance. Considering the possibility that I were still able to earn this way from clients in the UK, while living in the USA following marriage, would I be able to use that income to supplement the household's income for the I-864 sent with the AoS package? I realise this might come up against all kinds of tax-law issues as I'm not even sure where I stand with the idea of earning from the UK while living in the USA.

Finally, congratulations on your own progress

[LeftCoastLady 441]

LeftCoastLady: Thanks for the great responses! You've given me a lot more reading and research to do.

Regarding your response for #5, and filing for AoS;

I work freelance as a web developer from time-to-time and the nature of this role allows me to work at a distance. Considering the possibility that I were still able to earn this way from clients in the UK, while living in the USA following marriage, would I be able to use that income to supplement the household's income for the I-864 sent with the AoS package? I realise this might come up against all kinds of tax-law issues as I'm not even sure where I stand with the idea of earning from the UK while living in the USA.

Finally, congratulations on your own progress

Thank you!

Per above, as long as your clients are not in the U.S. (i.e. before receiving the EAD or green card), you can continue working remotely. Be sure to read the I-864 instructions on how that needs to be documented to be counted towards your partner's income.