US Based Income Req

[Returninghome 0]

Hi, I am a US citizen living and working as a consultant abroad. My earnings are appx 30K/yr and have not been US based for at least the last five years. My wife, who is Indonesian, and I have been living together for two years, but married less than a year. My questions are these:

1) Do I need to return to the US and take a job to establish US based income:

2) If so, how long do I need to have US based income to meet the income AND stability requirements, and should these be in place before we start the process?

 

 

Thanks!

 

[Returninghome 0]

My third question is what are the requirements for a co-sponsor? Can my brother (US citizen) be the sponsor for my spouse? 

[geowrian 22,338]

1. Your income can be included for the I-864 if it will continue from the same source upon return from the US. If not, it won't be counted and you would need to either find a job where that will be the case, use assets, or find a joint sponsor.
2. There is no strict requirement for how long the income must exist. The CO makes the determination based on the totality of the circumstances. Typically as few months can satisfy them for some countries, while others want to see a longer history.
3. Any USC or LPR domiciled in the US can be a joint sponsor.

Keep in mind that 1) you must have US domicile or show sufficient intent to establish US domicile before they will issue the visa, and 2) you must have filed taxes for at least the past 3 years (unless one not required to file, but with $30k/yr in income that's well over the threshold for filing even if $0 is owed).

[Returninghome 0]

Hi Geowrian,

 

Thanks so much! A few follow-ups if not too much trouble:

 

1) I will return to the US for a job; this will not be from the same source so will be starting over,  In this case I will look at the co-sponsor route as well - any experience with the reqs for a co-sponsor?;

2) What is required to show intent to domicile?

3) I have filed taxes every year, so no issues there;

4) If I am in the US and my wife is in Indonesia, will I need to return to Indonesia for any portion of this process? 

 

Cheers!

[Dee elle 1,368]

43 minutes ago, Returninghome said:

Hi Geowrian,

 

Thanks so much! A few follow-ups if not too much trouble:

 

1) I will return to the US for a job; this will not be from the same source so will be starting over,  In this case I will look at the co-sponsor route as well - any experience with the reqs for a co-sponsor?;

2) What is required to show intent to domicile?

3) I have filed taxes every year, so no issues there;

4) If I am in the US and my wife is in Indonesia, will I need to return to Indonesia for any portion of this process? 

 

Cheers!

1. Joint sponsor must meet all the requirements of the I 864 form.. 125% of poverty line income for their household plus one. US domicile, USC or LPR. 

2. Rental papers, job, drivers licence , bank accounts , voter registration... 

3 . Good 

4. You do not need to return required to Indonesia during the process 

[Returninghome 0]

Thank-you!

 

[pushbrk 13,252]

1 hour ago, Returninghome said:

Hi Geowrian,

 

Thanks so much! A few follow-ups if not too much trouble:

 

1) I will return to the US for a job; this will not be from the same source so will be starting over,  In this case I will look at the co-sponsor route as well - any experience with the reqs for a co-sponsor?;

2) What is required to show intent to domicile?

3) I have filed taxes every year, so no issues there;

4) If I am in the US and my wife is in Indonesia, will I need to return to Indonesia for any portion of this process? 

 

Cheers!

1.  You may well need a joint sponsor.  Start by carefully studying the Instructions for the I-864

2.  If you move back first, you will be domiciled, not just intending to domicile.  From anyplace but Canada, it's pretty much understood, since you are petitioning for your wife.

4.  No.

[Returninghome 0]

Thank-you!

[Nitas_man 3,100]

12 hours ago, Returninghome said:

Hi, I am a US citizen living and working as a consultant abroad. My earnings are appx 30K/yr and have not been US based for at least the last five years. My wife, who is Indonesian, and I have been living together for two years, but married less than a year. My questions are these:

1) Do I need to return to the US and take a job to establish US based income:

2) If so, how long do I need to have US based income to meet the income AND stability requirements, and should these be in place before we start the process?

 

 

Thanks!

 

My wife is also Indonesian and we also returned to the US after a pretty long stint overseas.

 

Intent is easy and the bar is low - you just need to open a US bank account, establish a US address (we literally used my parents as a throwdown), and get as many assets transferred to the US as possible.  A trip back to get a drivers license (I had a current one so I was spared that) and active employment search will help.  If you travel to the US before she does there is no more need to show "intent" as you can demonstrate that you now live there.  I did not, I stayed until she got the visa and we returned together.  To my knowledge there is no "minimum" of continuing income in the US in a case like yours especially if your income exceeded the threshold before you left. 

Unfortunately for purpose of sponsorship if you decide to stay overseas while the case is being processed you have two choices, as your overseas income, if it does not continue when you return, is not counted as US income and your income will be (zero) however 1/3 of your liquid (cash equivalent) assets does count towards sponsorship. 

Your can use any eligible co-sponsor for your wife. 

Your income if you wish to return first and use it to sponsor your wife needs to be in place and established before the NVC stage/interview, not before you file the petition.

You'll skip a long and painful ROC step if you can time this for her to enter the US after 2 years of marriage, just saying.

Good luck

 

 

 

 

[Nitas_man 3,100]

11 hours ago, Dee elle said:

1. Joint sponsor must meet all the requirements of the I 864 form.. 125% of poverty line income for their household plus one. US domicile, USC or LPR. 

2. Rental papers, job, drivers licence , bank accounts , voter registration... 

3 . Good 

4. You do not need to return required to Indonesia during the process 

Based on personal experience I nixed a couple of these.  Sorry Dee....