I-864 using intending immigrants income when self-employed?

[Moosebites 3]

Hi guys! I'm waiting for my K1 fiance visa interview, and planning ahead to the adjustment of status and affidavit of support I-864. Currently, my fiance (the US citizen) is self- employed and not earning a lot of money (uber driving and similar), so we're going to use my assets and/or income (I am the intending immigrant, currently in the UK). 

 

I'm not sure whether to use my assets (which are a little above 3x the 125% poverty threshold), or my income (which is well above the threshold). I know I have to prove that my income will continue lawfully after I immigrate, and as I work as a self-employed tutor and can tutor online, this is definitely something I can continue to do with my UK students (or students anywhere in the world for that matter). However, I've no idea what would count as good evidence that my income will continue - I'm self employed, so it's not like I can get a letter from an employer or anything. How do I prove this? Is it enough to just explain the nature of my business, and that I can do it over skype? 

 

I'm wary of just using my assets though, as I don't know if it looks as good to not also show an income. I'm tempted to put down my income AND assets on the form, to cover all our bases, but I know the instructions state to only use assets if you don't meet the income requirements, and I don't know if listing both would cause us to get rejected or delay getting my adjustment of status.

 

We've tried to get a co-sponsor, but unfortunately his parents are not available for this so we would have trouble finding one I think.

 

We'd really appreciate any insight or experience anyone has with this, thanks

[Sarah&Facundo 595]

1 minute ago, Moosebites said:

Hi guys! I'm waiting for my K1 fiance visa interview, and planning ahead to the adjustment of status and affidavit of support I-864. Currently, my fiance (the US citizen) is self- employed and not earning a lot of money (uber driving and similar), so we're going to use my assets and/or income (I am the intending immigrant, currently in the UK). 

 

I'm not sure whether to use my assets (which are a little above 3x the 125% poverty threshold), or my income (which is well above the threshold). I know I have to prove that my income will continue lawfully after I immigrate, and as I work as a self-employed tutor and can tutor online, this is definitely something I can continue to do with my UK students (or students anywhere in the world for that matter). However, I've no idea what would count as good evidence that my income will continue - I'm self employed, so it's not like I can get a letter from an employer or anything. How do I prove this? Is it enough to just explain the nature of my business, and that I can do it over skype? 

 

I'm wary of just using my assets though, as I don't know if it looks as good to not also show an income. I'm tempted to put down my income AND assets on the form, to cover all our bases, but I know the instructions state to only use assets if you don't meet the income requirements, and I don't know if listing both would cause us to get rejected or delay getting my adjustment of status.

 

We've tried to get a co-sponsor, but unfortunately his parents are not available for this so we would have trouble finding one I think.

 

We'd really appreciate any insight or experience anyone has with this, thanks

As far as I know, your income/assets don't matter. it is the USC that needs to provide this information. I am the USC and the embassy couldn't care less about what my fiance was bringing into this. They made me bring 3 years of tax forms, proof of income, and if I didn't have that, I would need a joint sponsor. 

[Moosebites 3]

Just now, Sarah&Facundo said:

As far as I know, your income/assets don't matter. it is the USC that needs to provide this information. I am the USC and the embassy couldn't care less about what my fiance was bringing into this. They made me bring 3 years of tax forms, proof of income, and if I didn't have that, I would need a joint sponsor. 

Hi! Thanks for your reply, however I'm not sure if what you say is correct - on the instructions for form I-864, under Current Household income  it says:

 

'If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.'

 

So my income can count as long as I can prove it will continue after I immigrate?

[TNJ17 1,329]

You can’t use your income as part of the financial sponsorship. If the sponsoring USC’s financials do not cover 125% of the poverty line, you need to find yourselves a co-sponsor who is living and working legally in the US. 

[Moosebites 3]

7 minutes ago, TNJ17 said:

You can’t use your income as part of the financial sponsorship. If the sponsoring USC’s financials do not cover 125% of the poverty line, you need to find yourselves a co-sponsor who is living and working legally in the US. 

As I said above, on the instructions for form I-864, under Current Household income  it says:

 

'If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.'

 

So I'm not sure how that fits with what you said?

[geowrian 22,337]

The intending immigrant’s income can be included in the I-864 just fine if it will continue from the same source upon coming to the US. The CO will make this determination of public charge risk.

 

Your assets are fine to use instead as well.

[TNJ17 1,329]

Well, go for it then. I don’t think that’s gonna fly but you can try. All you do is risk your visa. But that’s up to you. 

[Moosebites 3]

6 minutes ago, geowrian said:

The intending immigrant’s income can be included in the I-864 just fine if it will continue from the same source upon coming to the US. The CO will make this determination of public charge risk.

 

Your assets are fine to use instead as well.

 

Thank you, that's what I thought - my question is what would count as good evidence that my income will continue.

 

2 minutes ago, TNJ17 said:

Well, go for it then. I don’t think that’s gonna fly but you can try. All you do is risk your visa. But that’s up to you. 

I mean, the whole point of posting here is to get information so that we can fill in the forms properly and so I'm not 'risking my visa'. I read the instructions and they said it is possible, so I was asking questions to see if anyone has any experience with this, and what is the best way forward.

[Boiler 45,670]

OP can self sponsor through London on a K1

 

[Boiler 45,670]

I 864 is way down the road, sounds like they will be fine.

[arken 4,197]

You can use your income and  assets.

 

For assets, you need a proof that your assets can be transferred into cash (if non-cash/bank  assets) and are fully transferrable to US (coz some countries put limit on how much money one can bring out of the country). Value of assets must be at least 5x(acceptable income - poverty guideline).

 

For the income, you can include your income only if you can provide proof that you will be earning at least the same amount from the same source after getting GC.  If you’ve been tutoring in person and if you mention that you can earn the same money by tutoring students online, it might me a hard sell. 

 

 

Edited March 10, 2018 by arken

[Moosebites 3]

3 minutes ago, arken said:

You can use your income and  assets.

 

For assets, you need a proof that your assets can be transferred into cash (if non-cash/bank  assets) and are fully transferrable to US (coz some countries put limit on how much money one can bring out of the country). Value of assets must be at least 5x(acceptable income - poverty guideline).

 

For the income, you can include your income only if you can provide proof that you will be earning at least the same amount from the same source after getting GC.  If you’ve been tutoring in person and if you mention that you can earn the same money by tutoring students online, it might me a hard sell. 

 

 

Thanks - yeah, I was worried about how to show I can tutor online (I totally can, and I've done it, I've just no idea how to prove it!). And I think the assets are 3x for a spouse (which I'll be by then), not 5x.

[arken 4,197]

12 minutes ago, Moosebites said:

Thanks - yeah, I was worried about how to show I can tutor online (I totally can, and I've done it, I've just no idea how to prove it!). And I think the assets are 3x for a spouse (which I'll be by then), not 5x.

Yup 3x.

[geowrian 22,337]

36 minutes ago, Moosebites said:

Thanks - yeah, I was worried about how to show I can tutor online (I totally can, and I've done it, I've just no idea how to prove it!). And I think the assets are 3x for a spouse (which I'll be by then), not 5x.

Tax returns would be the first thing that comes to mind, as it usually is for self-employment income. I'm not too familiar with the UK, but I assume they have tax returns to file for self-employment income.

[Moosebites 3]

2 minutes ago, geowrian said:

Tax returns would be the first thing that comes to mind, as it usually is for self-employment income. I'm not too familiar with the UK, but I assume they have tax returns to file for self-employment income.

Yup, I've got the tax returns to prove I've been making an income for the past few years, but that's not necessarily poof it'll continue once I'm in the US. I'm thinking I'd like to put down my assets, my income and my fiance's income (even though it's only casual work and he's only started recently since he was a student until a few months ago) to cover all our bases - I just don't know if that might count against us, and we'd be better off just listing my assets?