Filling out I-864 with Foreign Income

[Yeezy69 4]

My spouse and I are currently residing overseas. 

We are filling out our I-864 form and need some clarifications. Both of us are working and earning in foreign currency.

Question:

Is foreign income counted towards the income requirement on the I-864?

Do we report our income in US currency? 

 

We are planning to supplement with assets as well in case they do not count our foreign income. 

My wife (beneficiary) owns part of a real estate left behind by my in-laws, it is written in a will (how much is worth and % that my wife is inheriting). We have not sold the real estate yet so cannot show for it in cash. But it is fully paid off and can be liquidated within a year or less. Are we able to supplement this will as an asset? The title deed is under her parents' name. 

[Chancy 6,233]

18 minutes ago, C213 said:

Is foreign income counted towards the income requirement on the I-864?

 

Depends on whether your current income will continue from the same source after moving to the US.  For example, if you have an offer from your current employer to relocate to their US branch office, or if you have an online business and can continue to run that business from the US.  If that income will stop when you move, your qualifying income for the I-864 (part 6, item 7) should be listed as $0.

 

27 minutes ago, C213 said:

Are we able to supplement this will as an asset? The title deed is under her parents' name.

 

Not clear to me if your wife is already the actual (part-)owner of the real estate property, or she's just listed in a will as a future inheritor.  If she's already an owner, shouldn't the title deed already be transferred to her (and the other owners') name?  If you want to use assets to qualify, the owner must provide proof of ownership of the listed assets when submitting the I-864.

 

[Yeezy69 4]

5 minutes ago, Chancy said:

 

Depends on whether your current income will continue from the same source after moving to the US.  For example, if you have an offer from your current employer to relocate to their US branch office, or if you have an online business and can continue to run that business from the US.  If that income will stop when you move, your qualifying income for the I-864 (part 6, item 7) should be listed as $0.

 

 

Not clear to me if your wife is already the actual (part-)owner of the real estate property, or she's just listed in a will as a future inheritor.  If she's already an owner, shouldn't the title deed already be transferred to her (and the other owners') name?  If you want to use assets to qualify, the owner must provide proof of ownership of the listed assets when submitting the I-864.

 

Thank you for your response!

I will go ahead and list the income as $0 then. For my wife (beneficiary), she is looking to get the same job in the US. Can I include her current income? Do we need to show proof of employment offer from the US? Cause it is hard to get employment while overseas and waiting on her green card. 

 

My wife is actually the appointed executioner on the will. She has to sell the real estate within a stipulated period & distribute the proceeds accordingly to the % stated on the will. So technically she is not an owner. 

 

Really appreciate your help!

[Chancy 6,233]

10 minutes ago, C213 said:

For my wife (beneficiary), she is looking to get the same job in the US. Can I include her current income?

 

Does she have an offer letter for US relocation from the same company that she currently works for?  If not, it can't be used to qualify.  The I-864 requires evidence that the qualifying income will continue from the same source after moving to the US.

 

13 minutes ago, C213 said:

So technically she is not an owner.

 

Since she has no proof of actual ownership, that asset cannot be used for the I-864.

 

[Yeezy69 4]

32 minutes ago, Chancy said:

 

Does she have an offer letter for US relocation from the same company that she currently works for?  If not, it can't be used to qualify.  The I-864 requires evidence that the qualifying income will continue from the same source after moving to the US.

 

 

Since she has no proof of actual ownership, that asset cannot be used for the I-864.

 

I see, thank you so much for your assistance. 

We will have to see what other assets we can use to make up for the income requirements. 

[Nitas_man 3,100]

3 hours ago, C213 said:

Thank you for your response!

I will go ahead and list the income as $0 then. For my wife (beneficiary), she is looking to get the same job in the US. Can I include her current income? Do we need to show proof of employment offer from the US? Cause it is hard to get employment while overseas and waiting on her green card. 

 

My wife is actually the appointed executioner on the will. She has to sell the real estate within a stipulated period & distribute the proceeds accordingly to the % stated on the will. So technically she is not an owner. 

 

Really appreciate your help!

Your income, both of you, is zero (for immigration purposes).  

A job offer or plans to work unfortunately won’t count

You choices:

 

Precede your wife and start working

Qualify on assets - the requirement is 3X the 125% poverty level listed for your household size

Procure a joint sponsor

 

Assets:  They want liquid assets.  Highly liquid, and for us they were pleased that they were parked in the US.  Way it is. “Moving assets” is one way to establish “intent to reside in the US”.  You’re a little early filling this out I think.

 

Good luck

Edited June 3, 2021 by Nitas_man