London DCF: I-864 - Calculating income & supporting documents

[Zack202 5]

We are currently waiting to hear back from our I-30 petition, and want to be ready to submit our DS-260 & I-864.

My questions are regarding the I-864 Affidavit of Support.

 

Situation:

• The sponsor has moved to the U.S. after filing the I-130 petition. Their current income in the U.S. is over 125% of the 2022 federal poverty guidelines.
• Sponsor was working in the UK from January 2022 - May 2022
• Sponsor is currently working in the US from May 2022 - Current
• Sponsor's tax returns in 2019,2020,2021 do not show an income, as they were unemployed

 

Questions:

 

1. How to calculate current income? (given that they have both worked in UK & US during this year)

From my research, current income means how much the sponsor has earned from January 1st - December 31st, and not just their annual salary, which is why I am somewhat confused.

 

So to calculate my sponsor’s current salary, we use the amount of income they have earned to date in 2022, and then extrapolate until the end of the calendar year.

However, given that my sponsor has worked in the UK for the first half of the year, does this previous foreign income count towards this calculation?

 

For example, if their foreign income is not included in the total annual income, and they have only started worked in the U.S. in May 2022 earning $30,000 annually; that means their earnings from May 2022 - December 2022 would only be $17,500 for the entire year, which is below the Federal Poverty Guideline. Does this mean we have to use this figure as my sponsor's "current individual annual income" instead of what's stated on their work contract? If so, it would mean we would need an additional sponsor.

 

 

2. What supporting documents do we need to provide? (Both Domicile & Financial)

Since my sponsor doesn't have a regular income shown on their tax returns for the previous years; and that the 2022 tax returns are not due yet; should we still include my sponsor's tax returns? And what else do we need to include given our situation?

 

Our current evidence list:

Copy of U.S. Citizenship Document

Copy of foreign paychecks from January 2022 - May (UK)

Copy of U.S. Paychecks from May - Current

Copy of U.S. Bank statements

Employment Verification Letter from the sponsor's current job in the U.S.

Anything else?

 

 

3. Given all the information above, should we get an additional sponsor?

We are in a position where we can get an additional sponsor if it is beneficial to our application. But considering the above, are we ok or should we get an additional sponsor to be on the safe side?

 

 

4. Since we are going through the DCF route, do I print the I-864 and take it with me to my interview at the U.S. Embassy in London?

 

Thank you for any help.

 

 

Edited September 12, 2022 by Zack202

[Crazy Cat 39,206]

1.  You are incorrect regarding how to determine current annual income.  CURRENT annual income is easy to calculate for an employee:

 

Last pay period gross income multiplied times number of pay periods per year = CURRENT annual income.

Example:  Last weekly pay sub gross income of $1000 equals CURRENT annual income of $52,000.00

What was earned in prior years or months is irrelevant to current income for an employee.  What if you earned $100,000 so far this year, yet you were now unemployed?  Your basis to support a new immigrant is based on current income (currently being earned).

 

3.  Based on your post, you don't need one.  But, the Consulate Officer is the sole approval authority.

4.  Depends on your consulate's procedures.  

Edited September 12, 2022 by Crazy Cat

[Zack202 5]

2 hours ago, Crazy Cat said:

1.  You are incorrect regarding how to determine current annual income.  CURRENT annual income is easy to calculate for an employee:

 

Last pay period gross income multiplied times number of pay periods per year = CURRENT annual income.

Example:  Last weekly pay sub gross income of $1000 equals CURRENT annual income of $52,000.00

What was earned in prior years or months is irrelevant to current income for an employee.  What if you earned $100,000 so far this year, yet you were now unemployed?  Your basis to support a new immigrant is based on current income (currently being earned).

 

3.  Based on your post, you don't need one.  But, the Consulate Officer is the sole approval authority.

4.  Depends on your consulate's procedures.  

Thank you. Looks like I obtained some wrong information then. 

[Crazy Cat 39,206]

4 minutes ago, Zack202 said:

Thank you. Looks like I obtained some wrong information then. 

There is a lot of inaccurate info out there on the interwebs.... LOL.

[Wuozopo 4,285]

On 9/12/2022 at 8:24 AM, Zack202 said:

How to calculate current income? (given that they have both worked in UK & US during this year)

I think you have that figured out. Sponsor’s employment verification or employer letter should include the yearly salary. I would suggest you use that figure for  “My current individual annual income is” on page 4 of the form. It is easier to verify than some extrapolation. You state an income and the proof is on the employment letter…easy for the officer to verify at you interview without getting out a calculator.
Tip: Do not say your current income is $30,000 if you employer letter says $29,950. You need documentation to prove the amount you write on page 4 of the form. Don’t overstate it by even a penny.

 

On 9/12/2022 at 8:24 AM, Zack202 said:

What supporting documents do we need to provide? (Both Domicile & Financial)

You do not need to prove domicile because the sponsor moved back to the US. The sponsors form I-864 will have his US address and his/her employer letter and paystubs have a US employer. Domicile is proven when the sponsor remains living in the UK and has no employment in the US. 
 

Yes you provide a copy of the 2021 US tax return. It is a requirement, even if it shows zero income. You will also give information from tax returns 2021, 2020, 2019 on page 5 of the I-864. Use the “total income” line exactly as shown on the return, even though it will not show much income, if any. Only one return (2021) has to be attached to the I-864.

 

Our current evidence list:

❌ Copy of U.S. Citizenship Document (They will already have proof of his/her citizenship in the I-130)

❌ Copy of foreign paychecks from January 2022 - May (UK) (Not relevant to sponsoring)

✅ Copy of U.S. Paychecks from May - Current

❌ Copy of U.S. Bank statements (Not needed since he/she can sponsor based on employment. If sponsor was using assets to sponsor instead of having a job, then financial statements would be needed to show his/her savings.)

✅ Employment Verification Letter from the sponsor's current job in the U.S.

✅ Anything else? (2021 US tax return)

 

On 9/12/2022 at 8:24 AM, Zack202 said:

Given all the information above, should we get an additional sponsor?

No. You don’t need one. 
 

On 9/12/2022 at 8:24 AM, Zack202 said:

Since we are going through the DCF route, do I print the I-864 and take it with me to my interview at the U.S. Embassy in London?

Yes, for London DCF the I=864 with documentation goes to the interview along with all the beneficiary’s required civil documents.The sponsor fills out the I-864 and signs it and sends it to the beneficiary to take to the interview. 

 

As a DCF, your procedure will be similar to a K1 fiancé in London in that you pick your own appointment, pay the visa fee, and schedule the courier online; and all documents are brought to the interview. 
 

 

[Zack202 5]

On 9/14/2022 at 2:19 PM, Wuozopo said:

I think you have that figured out. Sponsor’s employment verification or employer letter should include the yearly salary. I would suggest you use that figure for  “My current individual annual income is” on page 4 of the form. It is easier to verify than some extrapolation. You state an income and the proof is on the employment letter…easy for the officer to verify at you interview without getting out a calculator.
Tip: Do not say your current income is $30,000 if you employer letter says $29,950. You need documentation to prove the amount you write on page 4 of the form. Don’t overstate it by even a penny.

 

You do not need to prove domicile because the sponsor moved back to the US. The sponsors form I-864 will have his US address and his/her employer letter and paystubs have a US employer. Domicile is proven when the sponsor remains living in the UK and has no employment in the US. 
 

Yes you provide a copy of the 2021 US tax return. It is a requirement, even if it shows zero income. You will also give information from tax returns 2021, 2020, 2019 on page 5 of the I-864. Use the “total income” line exactly as shown on the return, even though it will not show much income, if any. Only one return (2021) has to be attached to the I-864.

 

Our current evidence list:

❌ Copy of U.S. Citizenship Document (They will already have proof of his/her citizenship in the I-130)

❌ Copy of foreign paychecks from January 2022 - May (UK) (Not relevant to sponsoring)

✅ Copy of U.S. Paychecks from May - Current

❌ Copy of U.S. Bank statements (Not needed since he/she can sponsor based on employment. If sponsor was using assets to sponsor instead of having a job, then financial statements would be needed to show his/her savings.)

✅ Employment Verification Letter from the sponsor's current job in the U.S.

✅ Anything else? (2021 US tax return)

 

No. You don’t need one. 
 

Yes, for London DCF the I=864 with documentation goes to the interview along with all the beneficiary’s required civil documents.The sponsor fills out the I-864 and signs it and sends it to the beneficiary to take to the interview. 

 

As a DCF, your procedure will be similar to a K1 fiancé in London in that you pick your own appointment, pay the visa fee, and schedule the courier online; and all documents are brought to the interview. 
 

 

The most in depth answer I could have asked for. Thank you for putting the time and effort into reading and responding to all of my questions. This has helped me so much, and I'm sure it will help others too. 

 

[JRoo 3]

Hi @Zack202 I came across your post as I am currently filing DCF. I am confused about the DS-260 - can you tell me what the form is for, and at what point in the process you completed it? Thanks in advance for your help!