Foreign Income from Intending Immigrant

[Michael2017 368]

Hi,

 

I own a business in Europe which would continue to run normally (I have a manager taking over all day to day tasks) even after I move to the USA. I am the intending immigrant.

The EU business still would pay dividends / salary, similar to now (just it would be taxed in the US). Does such a continuing income from the same source qualify for the Affidavit of Support?

 

 

[nightingalejules 678]

I'm not sure, but I don't think the beneficiary's income (ie yours) can be used in I-864 unless it's domestic income (not foreign) and you were listed as a dependent in your spouse's last tax return and you have lived with your spouse for 6 months. So I don't think you can use it. 

Anyone else know more about this?

[Redheadguy03 505]

I was under the impression it had to be income from the petitioner. I definitely could be wrong, but that was my understanding. 

[A'n'L 735]

From the i864 instructions:

 

Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the
intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or
she obtains lawful permanent resident status.

 

It does not specify that the income must be US based, so I believe it will qualify. Obviously you will have to prove how the income will continue.

 

 

[Michael2017 368]

3 hours ago, A'n'L said:

From the i864 instructions:

 

Can the Intending Immigrant Help Me Meet the Income Requirements?
If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the
intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or
she obtains lawful permanent resident status.

 

It does not specify that the income must be US based, so I believe it will qualify. Obviously you will have to prove how the income will continue.

 

 

Thanks, this was also my understanding but  I wanted to make sure others share the same view. I had asked a paralegal some time ago and he insisted that embassies will only accept US source income, but this is not what is written in the instructions to the AOS.