Moving from abroad to US to work to file I-134/I-184. How many months of salary do I need?

[wryly 47]

I've been residing abroad for a few years. As I earn less than $100,000/year and take the foreign income exclusion, this reduces my total income (line 22 on a 1040) to 0. I have filed taxes for these years. I understand this disqualifies me from filing an I-134 or I-864 at this time. I plan to move to the US soon, gain employment, and work until we're required to submit an I-134 in six or seven months. My career pays well in the US so I'm not worried about failing to meet the 125% poverty line threshold in that timeframe, though I'm not sure I can hit the limit before filing taxes in April.

 

My question is this: will 5-6 months of work (maybe ~$40,000 gross income) in the US plus a letter from my employer stating my salary and the permanence of my position be sufficient to file an I-134 at the Embassy stage (in Guangzhou, China) and an I-864 at the AoS? If it is insufficient, would I be given a grace period to continue earning before filing, or would I need to start the process again? Is there a way for me to slow this process down without cancelling it so I can earn more before filing these documents?

 

I realize a joint sponsor would be ideal, but my family members are worried about potential financial liability, which I understand. I'm trying to figure out how to do this without a joint sponsor. Thanks for any advice you can give.

[wryly 47]

Also, if I choose to withdraw the K1 application in order to give myself more time, will that hurt my chances when filing it again a few months later?

Edited December 14, 2018 by wryly

[RandyW 149]

They go by your annual income, which will be shown in the salary letter. It is YOUR responsibility to TELL THEM, above and beyond the Affidavit of Support, how much you make and provide information about your career prospects.

 

Your foreign earned income is NOT excluded - it is reported on your Form 2222 AS INCOME. This income, however, will not continue after your move to the States, but can provide an indication of the viability of your career prospects.

 

TOO MUCH emphasis is placed on forums such as this one on the Affidavit of Support - by law, the Consular Official is required to consider the 'totality of circumstances' in making a determination of whether your fiance/spouse might become a public charge in the U.S.

[wryly 47]

20 minutes ago, RandyW said:

TOO MUCH emphasis is placed on forums such as this one on the Affidavit of Support - by law, the Consular Official is required to consider the 'totality of circumstances' in making a determination of whether your fiance/spouse might become a public charge in the U.S.

I see, that 'totality of circumstances' aspect is encouraging and I hadn't read that before. As I've earned above the required amount for the past several years in a row, albeit abroad, I hope I can combine those tax returns with 5-6 months of American salary + an employment letter + a letter describing my past income and that will suffice. According to the Bureau of Labor, my career's median salary is six figures and has a job growth outlook that's "much faster than average". I plan to provide that information as well and hope the officer gives me a fair shake. This Affidavit of Support stuff is the only worry I have. Thanks for the info.

 

What is the Form 2222 you referred to? I haven't read about that.

Edited December 14, 2018 by wryly

[RandyW 149]

1 hour ago, wryly said:

I see, that 'totality of circumstances' aspect is encouraging and I hadn't read that before. As I've earned above the required amount for the past several years in a row, albeit abroad, I hope I can combine those tax returns with 5-6 months of American salary + an employment letter + a letter describing my past income and that will suffice. According to the Bureau of Labor, my career's median salary is six figures and has a job growth outlook that's "much faster than average". I plan to provide that information as well and hope the officer gives me a fair shake. This Affidavit of Support stuff is the only worry I have. Thanks for the info.

 

What is the Form 2222 you referred to? I haven't read about that.

 

Form 2555 is the Foreign Earned Income Exclusion - I COULD claim dyslexia there, since the  3 5's turned upside down become 2's, but the truth is I just didn't double check the form # before posting that.

 

Sorry 'bout that.

 

"According to the Bureau of Labor, my career's median salary is six figures" - I haven't a clue as to why you would want to spend 5 or 6 months in the U.S. AWAY from your wife. That would be your choice - it is NOT indicated by your circumstances. Money talks - six figures is enough.

[TandSarahJane 178]

Is your employer a US company?  Not speaking from experience but something to ponder - if you dont have much of an established US address/employment history, your need for a k1 might be questioned. Could be a better outcome to get married abroad if you can, and then get a go the CR1 route. It isnt much faster to get a K1 (and sometimes much slower) plus you wouldnt need the AOS.

[wryly 47]

34 minutes ago, TandSarahJane said:

Is your employer a US company?  Not speaking from experience but something to ponder - if you dont have much of an established US address/employment history, your need for a k1 might be questioned. Could be a better outcome to get married abroad if you can, and then get a go the CR1 route. It isnt much faster to get a K1 (and sometimes much slower) plus you wouldnt need the AOS.

It's not a US company. I'd love to do the CR1 Direct Consular Filing option, but I don't think they'll accept an Affidavit of Support from me because my tax returns state that my total income has been 0 for a few years in a row due to taking a tax exclusion, and my current income won't follow me to America, which I've read are two very important factors. I've thought about marrying here, trying the DCF and seeing what happens, but if it fails, I'll be looking at starting a new CR1 from America which'll be slower than the K1 currently in progress. I've maintained US bank accounts, credit cards, a driver's license, and an address for the past six years abroad, which I hope counts as an established domicile. I could possibly work for a US company from here and then get married, but I don't know if the ~3 months of salary from that new job is enough to qualify me to sponsor the beneficiary, hence the current plan to move back to America ASAP and start working there. And I don't have a joint sponsor.

[RandyW 149]

Salary and earnings potential are measured in DOLLARS, not MONTHS.

 

Time away from your loved one is measured in MONTHS.