I-864 help - Proof of Income

[Caro&Craig 1]

Hi Everyone,

I am the petitioner/ sponsor for my South African husband and we live in South Africa together. I am currently a PhD student here in SA (and work part time for myself) and don't have US 'employment income' to show. We live off my husband's salary, as well as my own US savings/ investments. My husband actually already works for an American tech company as a remote contractor, but I don't believe his income counts for anything.

 

I've been looking around on the USCIS and VJ websites to determine if the SUM of my savings/ investments (which exceed the poverty limit guidelines) will qualify towards being sufficient evidence of finances to sponsor my husband for his CR-1 spousal visa, or if I'll need to ask my parents in the US to be a joint sponsor. I do file and have yearly tax returns for income generated from these savings, but its rarely for more than $15k because of the lower cost of living here in SA, which is then less than the poverty guidelines for sponsorship. Is proof of the sum of my assets enough or just the income gains on tax returns? 

 

I just want to be safe and file things correctly so as not to waste processing time by being requested later on to submit additional documents for a joint sponsor. Is it worth just submitting with joint sponsors anyway just to absolutely make sure I cover my bases?

 

AND, if my savings/ assets DO count and make an additional joint sponsor unnecessary, what types of additional forms or special documentation would be needed?

 

This is from the State Dept website:

Evidence of income

If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax transcript reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include evidence of current employment or self-employment, recent pay statements, a letter from the employer on business letterhead – showing dates of employment, wages paid, and type of work performed – or other financial data. For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as: retirement benefits; other household members' income; or other significant assets.

 

Thanks in advance for any help and guidance!

Carolyn

[aaron2020 11,651]

If your husband's income will continue after he immigrates, it can be used for the I-864.

 

You would need at least $60,000 in savings to meet the requirements on your own.  If it's not cash or stocks, it's going to be hard.  The documentations required depends on the type of assets.  

It would be much easier to go with your parents as a Joint Sponsor.  Your I-864 income and assets could be zero.  

[Caro&Craig 1]

Thank you for your reply!

 

Yes, my husbands income WILL continue (and increase) when we get to the states as he will transition from remote consultant to full time employee. 
 

And yes, my savings is in cash and stocks and over the $60k requirement. Is it worth pursuing this course of action and submitting documentation for these assets, or potentially still easier/better to just go with parent joint sponsor!
 

I just worry that if I don’t keep my documents simple and straightforward, that it increases room for error and maybe processing time. But maybe it’ll be perfectly ok? Just harder to find info and instructions for submitting this type of income proof. 
 

 

[aaron2020 11,651]

If you want to do it yourself, then you can totally do it.  Get his employer to write a letter stating that his job will continue in the US when he moves and what's his current salary and future salary will be.  Provide 12 months of financial statements showing your assets.

 

Get your parents to Joint Sponsor with an I-864 and I-864a as a backup.  Don't file this.  Bring it to the interview and give it to the US Embassy only if they request a Joint Sponsor.  

[Ryan H 3,791]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,136]

On 4/6/2021 at 10:16 PM, aaron2020 said:

If you want to do it yourself, then you can totally do it.  Get his employer to write a letter stating that his job will continue in the US when he moves and what's his current salary and future salary will be.  Provide 12 months of financial statements showing your assets.

 

Get your parents to Joint Sponsor with an I-864 and I-864a as a backup.  Don't file this.  Bring it to the interview and give it to the US Embassy only if they request a Joint Sponsor.  

Details matter.  It appears he's got non-employee income.  If he's actually an employee now and will be transferring, then yes his income can be used.  How, is explained in the I-864 instructions.

 

Personally, I would avoid using a joint sponsor unless absolutely necessary.  Have you studied the contract they would sign?

 

Even without his income, the OP appears to qualify based on liquid assets alone.  Documenting them is a matter of providing examples of statements, current, and a few going back a few months to a year.

[aaron2020 11,651]

1 hour ago, pushbrk said:

Details matter.  It appears he's got non-employee income.  If he's actually an employee now and will be transferring, then yes his income can be used.  How, is explained in the I-864 instructions.

 

Personally, I would avoid using a joint sponsor unless absolutely necessary.  Have you studied the contract they would sign?

 

Even without his income, the OP appears to qualify based on liquid assets alone.  Documenting them is a matter of providing examples of statements, current, and a few going back a few months to a year.

Yes, I have studied the I-864 contract.  The US Government has never come after anyone for anything since there's no legal mechanism to do so.   The I-864 has been used against the primary sponsor in divorce cases but never a Joint Sponsor, a non-party in the divorce.  So, what would be the real world consequences for her parents being the Joint Sponsor?  

Seems like the husband has a good job that he will be continuing after he immigrates.  Doesn't seem a likely candidate to be receiving means tested benefits.  

Edited April 8, 2021 by aaron2020

[pushbrk 12,136]

10 hours ago, aaron2020 said:

Yes, I have studied the I-864 contract.  The US Government has never come after anyone for anything since there's no legal mechanism to do so.   The I-864 has been used against the primary sponsor in divorce cases but never a Joint Sponsor, a non-party in the divorce.  So, what would be the real world consequences for her parents being the Joint Sponsor?  

Seems like the husband has a good job that he will be continuing after he immigrates.  Doesn't seem a likely candidate to be receiving means tested benefits.  

You make good points.  However, a contract is a contract.  If only the past could be relied on to be a predictor of the future.  When I sign contracts, I don't think in terms of them never being enforced.  To each their own though.

[Ryan H 3,791]

~~~Hijack posts and replies to said posts removed; if you have your own questions, you need to start your own thread.~~~

[Caro&Craig 1]

Thanks for all the replies. I'm going to do a deeper dive into the instructions for how to go at this alone without a joint sponsor. 

[Caro&Craig 1]

Sorry, another follow up question.

 

I'm busy going back through all the instructions and I do believe I should be fine to submit without a co-sponsor, BUT.. should I use the I-864 form or the I-864EZ? The third I-864EZ form requirement is: The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s). 

 

Given that I'm using proof of assets and not employment income, would I qualify for I-864EZ? I think I do, but given the language doesn't mention "other assests" I just want check with you all first!

 

THANK YOU!!

[Caro&Craig 1]

Under the instructions for using proof of assets, it also states I must submit the I-864A form. Is this form in addition to the I-864/I-864ez or the only one I must submit?

[Caro&Craig 1]

Sorry.. tried to edit the above post but the system wouldn't let me.

 

Under the instructions for using proof of assets, it also states I must submit the I-864A form. Is this form in addition to the I-864/I-864ez or the only one I must submit?  I found this info on the state dept FAQ page (https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos13), but I'm confused because all other instructions states that this form is only if you're filling with a sponsor or household member....?

 

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months.
   
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
   
• The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

 

The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations.

[pushbrk 12,136]

13 hours ago, Caro&Craig said:

 

 

The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations.

If the visa applicant is the spouse of the US Citizen PETITIONER, there is no need for an I-864a.  That's also in the instructions. 

Edited April 13, 2021 by pushbrk

[Ife2020 37]

2 hours ago, pushbrk said:

If the visa applicant is the spouse of the US Citizen PETITIONER, there is no need for an I-864a.  That's also in the instructions. 

Wait..:the USCIS site states an I-864a is needed during the NVC phase of a cr1 visa.