AOS and foreign earned income

[abutaka 0]

Hello everyone,

I have questions regarding the AOS; My wife is sponsoring me for the IR1. We live and work abroad, and her income is more than 125% the poverty line. Though she was unemployed till 2014, hence, no income or taxes were filed before that.

My question do we need a joint sponsor?! providing that we have the IRS transcript for 2014 and a letter from the employer that the employment is for a limited time.

Another thing about the country of domicile: shall we put it as the foreign country or USA? she has a mailing address there and we can provide a letter from our relative that we will reside with them pending our own accommodation arrangements..

Thanks

[Alaska2012 462]

Country of domicile must be the usa. She can't sponsor your visa if she isn't living here. You said she works abroad, how will that work for her when you move to the us? If she will have the same income you don't need a joint sponsor...will she continue the same job but here?

[abutaka 0]

Thank you for the reply ..

What I understood that even if the sponsor is living abroad but can show an intent to re-establish a domicile in US, he/she can sponsor.. In our case she must be a sponsor because she is the petitioner..

A valid point is whether she will maintain the same income after we move to US.. and that's why I am asking for whoever has an experience with such situation.

[Shauneg 762]

Thank you for the reply ..

What I understood that even if the sponsor is living abroad but can show an intent to re-establish a domicile in US, he/she can sponsor.. In our case she must be a sponsor because she is the petitioner..

A valid point is whether she will maintain the same income after we move to US.. and that's why I am asking for whoever has an experience with such situation.

You are right on the first part......a house already in the states, a plane ticket showing she's going there with you, a lease for an apartment, bank accounts.....a thousand different things will help. For the second a joint sponsor is going to be needed unless she will continue her job....

[Ryan H 3,821]

If the source of the petitioner's current income will not continue after a return to the US, then it cannot be counted.