RFIE - I-864 Income requirements and contract employment

[Feta 2]

Hi all,

We have found VisaJourney to be a great resource throughout our application process. We hope that you can help us by adding any knowledge or experiences you have had relating to our individual circumstance. In December 2016, we submitted our I-485 to adjust from K1. Unfortunately we have now received an RFIE related to our I-864 income requirement. The RFIE points are pretty much the standard ones that we see others on the forum here have received. Our unique circumstances and questions are:

 

Circumstances:

1. USC lived in Ireland for many years before moving to the US in July 2016. 

2. US income source started in July 2016 and is in excess of poverty limits.

3. Employment is of a contract nature, current contract ends June 2017, with a further contract in place with a new employer from July 2017 to June 2018.

4. Employment is of a professional nature, highly specialized with excellent career prospects and this can be demonstrated on the letters from the employers. 

5. Income Tax returns up to and including 2015 utilized the 'Foreign Income Exemption'. The Foreign income is in excess of the poverty limits, however USCIS are completely discounting it due to the Exemption (Total income on line 22 of tax returns is nil due to the exemption).

 

Questions:

1. Can we 'revoke' the I-864 submitted in December based on the 2015 Tax return and replace it with one based on our 2016 Tax return which will include the US income, W2, pay stubs etc?

2. US income history is now over 6 months with income before this all foreign based. Will this be an issue? Is 6 months US income history enough?

3. Do we need to push the case to demonstrate the strong continuous foreign income before this, or is it irrelevant?

4. The employment letters will show that the term is fixed in nature ending in June 2018. Will this pose a challenge?  

 

We are hoping that we have enough to get us across the line, but we would appreciate your views.