I-864 Employment and Assets

[navd-0 12]

Hi all,

We're a little confused as to how to proceed with the I-864. 

Status:
Petitioner and Beneficiary both living in the UK. 
Petitioner moving back to the US in 2 months to start new job. 
Beneficiary will move to US the help establish and then hopefully wait out until my green card interview (I-130 recently approved, case at NVC).

I am aware that current (foreign) income is not permissible for the I-864 but where does that leave USC who do not work in the US? Does this mean that the NVC process cannot begin to start unless the USC returns to the US and the couple is forced to be apart? Petitioner has a job offer from 2021 with a contract start date (selected by Petitioner) in 2 months time. 

If the above situation of required separation of couples living outside of the US is true, what other methods can be used to prove financial stability/safety. 

We do have savings, however what I have read seems to indicate that you must show savings equal to 5 X 120% of the HSS Poverty Guidelines ($22,877) =  being $114k. Which we sadly don't have.

 

How do can we proceed with the process without further delay or needless separation. 

Thanks

[Marieke H 2,321]

26 minutes ago, navd-0 said:

Beneficiary will move to US the help establish and then hopefully wait out until my green card interview (I-130 recently approved, case at NVC).

I would not count on being able to move with the USC at that time. Is the beneficiary planning to "move" to the US on an ESTA? They may be allowed to visit on an ESTA, but they would have to show proof that they intend to return.

 

27 minutes ago, navd-0 said:

If the above situation of required separation of couples living outside of the US is true, what other methods can be used to prove financial stability/safety.

The USC can move to the US, start working, and provide proof of current income in the US for the I-864. Or you can try to find a joint sponsor.

 

28 minutes ago, navd-0 said:

you must show savings equal to 5 X 120% of the HSS Poverty Guidelines

You will need 3X 125%.

 

29 minutes ago, navd-0 said:

How do can we proceed with the process without further delay or needless separation. 

For most couples here, separation is part of the process. This separation will likely only be a few months in your case; many couples here have been separated for years.

[Chancy 6,233]

8 minutes ago, navd-0 said:

Beneficiary will move to US the help establish and then hopefully wait out until my green card interview (I-130 recently approved, case at NVC).

 

Beneficiary can visit the US (for 90 days max on ESTA), but cannot move there to stay and wait out the visa interview.

 

11 minutes ago, navd-0 said:

where does that leave USC who do not work in the US? Does this mean that the NVC process cannot begin to start unless the USC returns to the US and the couple is forced to be apart? Petitioner has a job offer from 2021 with a contract start date (selected by Petitioner) in 2 months time.

 

NVC process starts once your CEAC account is created.  But you cannot move past the NVC stage until you've met all the basic requirements, including I-864 sponsorship.  If that means being separated so the USC spouse can start employment in the US, then that's not unusual.  The US spouse visa process normally involves some separation.  I'm surprised that you didn't take the DCF route to avoid separation, if your USC petitioner already has a job offer from 2021 with requirement to relocate to the US.  Oh well, too late now.

 

22 minutes ago, navd-0 said:

We do have savings, however what I have read seems to indicate that you must show savings equal to 5 X 120% of the HSS Poverty Guidelines ($22,877) =  being $114k. Which we sadly don't have.

 

If using assets to qualify, the minimum requirement for USC sponsoring spouse is only 3x the threshold for your household size.  Even if you do have the minimum level of assets, note that the consul officer has discretion to assess whether that is enough.  It is not automatic approval.

 

If not using assets and the USC petitioner does not have US-based income, the remaining option for I-864 sponsorship is to get another USC or LPR with enough income or assets, to sign as joint sponsor.

 

[navd-0 12]

1 minute ago, Marieke H said:

You will need 3X 125%.

 

Thanks for the reply! 

 

3X is a bit more palatable, however I am reading conflicting answers from other blogs/websites regarding job contracts. A few places have written that a job contract is valid and acceptable and some places say it is not. The official instructions document from USCIS doesn't make any mention of job contracts positive or negative!

 

What one must do to prove assets? We don't have a house so do we just provide bank statements of savings/investment/retirement accounts? 

I am not at all worried about being in America short term, we have been back and forth nearly dozen times in the last 2 years and we have already prepared a foundation for the eventual re-location, it's just the Green Card process that I am querying. 

 

Of course the separation is terrible to bear and many have it a lot worse than we do! However it's obscene that separation is seemingly a requirement for a USC and beneficiary who have opted not to be located in the US at the time of submission. 

[navd-0 12]

7 minutes ago, Chancy said:

 

NVC process starts once your CEAC account is created.  But you cannot move past the NVC stage until you've met all the basic requirements, including I-864 sponsorship.  If that means being separated so the USC spouse can start employment in the US, then that's not unusual.  The US spouse visa process normally involves some separation.  I'm surprised that you didn't take the DCF route to avoid separation, if your USC petitioner already has a job offer from 2021 with requirement to relocate to the US.  Oh well, too late now.

 

Thank you for the reply!

So the NVC process has already begun as a CEAC account has been created? In terms of Timelines, I-130 was approved recently so I imagine it will be 2.5 months wait at the NVC and then 2-3 months wait at the London Embassy for a slot after being Documentarily Qualified. Meaning that USC is due to start work before the NVC stage is complete and thus can include income from August time before finalising the NVC stage?

My understanding is that my local Embassy (london) no longer processes DCF, according to their website they stopped in 2020 (if I recall). We pushed back the job as long as we could so we could avoid any potential separation.

 

[Chancy 6,233]

14 minutes ago, navd-0 said:

The official instructions document from USCIS doesn't make any mention of job contracts positive or negative!

 

Before employment officially starts, a job contract is not evidence of current income.  The official USCIS form instructions gives specific examples of evidence of current income, like recent pay stubs or employment letter.  From page 8 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf --

 

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

 

17 minutes ago, navd-0 said:

What one must do to prove assets? We don't have a house so do we just provide bank statements of savings/investment/retirement accounts? 

 

Yes, submit bank statements.  Best to submit several statements covering at least 6 months, to show ownership of the required amount over a long period.

 

8 minutes ago, navd-0 said:

So the NVC process has already begun as a CEAC account has been created? In terms of Timelines, I-130 was approved recently so I imagine it will be 2.5 months wait at the NVC

 

NVC process begins at CEAC account creation, but NVC review cannot begin until you submit all the basic requirements, including the I-864 and its supporting documents.  NVC publishes case creation and review timeframes here -- https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html

 

14 minutes ago, navd-0 said:

My understanding is that my local Embassy (london) no longer processes DCF, according to their website they stopped in 2020 (if I recall).

 

London stopped regular DCF, but still accepts cases with exceptional circumstances.  USC living in the UK but with job offer requiring imminent relocation to the US is known to be accepted as exceptional circumstances.  Here's a recent example of an approved DCF (based on job relocation) through London -- https://www.visajourney.com/forums/topic/762871-dcf-cr-1-london-i-130-to-emailletter-of-approval-case-number/?do=findComment&comment=10635185

 

 

[navd-0 12]

3 minutes ago, Chancy said:

 

 

Thank you for your help.

I actually found some similar cases in the forum here where people have been able to proceed past the NVC with just a job offer, a letter and an written declaration. 

 

Fingers crossed. 

[pushbrk 12,146]

3 hours ago, navd-0 said:

Thank you for your help.

I actually found some similar cases in the forum here where people have been able to proceed past the NVC with just a job offer, a letter and an written declaration. 

 

Fingers crossed. 

I think you will find those cases are where the income will continue from the same source or employer, such as an international intra-company transfer.  I doubt it would work for a totally new job.  Are you transferring or taking a job with a new company?  Please clarify.

 

Note that your spouse is involved in an immigrant visa process, not a green card process.   Sure, she'll get a green card after she 1, gets the visa, 2 pays the new immigrant fee, and 3 enters the US with the IR1 visa.

[navd-0 12]

9 hours ago, pushbrk said:

I think you will find those cases are where the income will continue from the same source or employer, such as an international intra-company transfer.  I doubt it would work for a totally new job.  Are you transferring or taking a job with a new company?  Please clarify.

 

Note that your spouse is involved in an immigrant visa process, not a green card process.   Sure, she'll get a green card after she 1, gets the visa, 2 pays the new immigrant fee, and 3 enters the US with the IR1 visa.

Hi PushBRK thank you for your response. 

We will need to clarify further, the examples I have found on this forum (of which I have found several) are for new roles with new employers, which would be the case with my partner the USC.

Perhaps I used the wrong terms, to me the name of the visa/pathway is not very important. Especially in the case of mixing up Green card and the one step before attaining a Green Card.   

[pushbrk 12,146]

38 minutes ago, navd-0 said:

Hi PushBRK thank you for your response. 

We will need to clarify further, the examples I have found on this forum (of which I have found several) are for new roles with new employers, which would be the case with my partner the USC.

Perhaps I used the wrong terms, to me the name of the visa/pathway is not very important. Especially in the case of mixing up Green card and the one step before attaining a Green Card.   

I would have to see all the facts associated with your examples in order to comment directly.  I would say, "Try, if you want, but be prepared with a joint sponsor."

[navd-0 12]

On 6/2/2022 at 11:34 AM, pushbrk said:

I would have to see all the facts associated with your examples in order to comment directly.  I would say, "Try, if you want, but be prepared with a joint sponsor."

Thank you for your advise!

We have a call with our lawyer this evening. It's truly unfortunate falling short of the technical requirements of the process. 

Fingers crossed we can proceed with future contractual income OR assets. The last thing I want is to add further complexity by involving another person in the mix and having to negotiate their finances and addresses. My father-in-law is an old fashioned grump and no friend of bureaucracy.