I-134 / State Burden Interview Concern - Substantial assets but no income

[UKLDNChris 2]

Hi all,

 

I'm hoping you can provide some advice on the I-134 and some concern I have about proving I won't be a public charge.

I (British beneficiary) and my fiancé (American, New York, sponsor) are on the K1 journey! Based on our timeline, we are expecting our NOA2 in the next week to ten days.  I expect my interview at the US Embassy in London to be sometime around the last week of July/first couple of weeks of August.

 

My fiance is coming to the end of 10 months of study - during which time, she has not earnt anything. She previously earnt approximately $50k a year for 5 years up to this point. She has the benefit of sitting on around $350,000 in an investment account, about $100k is sat in cash and the other $250k invested in stocks. She also owns her apartment in full (around $500,000). For the past few years, she has run her own creative business as a hobby that has made around $5,000 a year, however she hasn't taken any income from this. All of these items are declared by her accountant. She is in the process of getting a job (with a couple of interviews done already). The best case scenario is that she will be in a job in the second week of June, but we're still not sure on this one yet.

 

As for myself, I am earning £40,000 in sales for a British based consultancy. I will have this incoming continuing throughout my move to the US, as my company are happy to continue paying me to work remotely (I have researched this, and I'm confident this is okay given I'm not taking a US job).

 

We're a little concerned about the interview and whether the consular officer will consider the fact that my fiancé doesn't have any income as a total blocker, despite the assets. We are both reluctant to loop a co-sponsor in to this process so would be grateful for your thoughts on this one and how big of a deal it is likely to be.

 

Any advice you can give would be much appreciated!

 

Thanks,

Chris

[JFH 12,190]

London even accepts self-sponsorship so you're fine. For cash assets they usually like to see several months of bank statements to show it wasn't just dumped into the account yesterday by a rich relative or through a loan just to get through the interview and that it's "stable" but the whole thing is quite relaxed. During the AOS part after marriage the documentation has to be more watertight but by then I assume she will be earning again. 

 

I would double check on your work status. Although you are not taking anyone's job that isn't really the point. The point is whether you are authorized to work on the USA - even remotely. They count the place where your backside is parked during the work as your workplace, not where the head office is or the country of the currency you will be paid in or where your line manager is or where your bank account is. If you're breathing American air whilst working, for immigration purposes you're working in the USA and for that you need the relevant permission.

Edited May 12, 2017 by JFH

[UKLDNChris 2]

Thanks very much indeed JFH. As with all areas of this process, I've heard some conflicting statements. Great to hear the interview at the embassy shouldn't be a problem with what we've got.

 

I will revisit the work status issue - I don't want to take any chances!

 

Thanks again.