milan.fit

Hi Rich or anyone else for that matter,

Basing on what you said above would you advise that me and my wife provide info about assets if part 7 of Affidavit clearly states YOU ARE NOT REQUIRED to fill this part if your household's income exceeds poverty guidelines and it does in our case(what's shown on filed tax returns)?

milan.fit

Hi All,
My wife is a freelance musician who makes in the UK what is above the US poverty guidelines. that's what we have put on i864. Is her statement of nature of her work and a history of her career an enough proof of continuing income in the US? We also have assets we can use but supposedly we ARE NOT required to fill out part 7 if income is above poverty guidelines..

Any advice on that?

civilservant

I think this largely depends on what her Income Tax returns for the past 3 years have said. Has she earned over the relevant threshold in all 3 years?

Frankly, the use of assets may be easier in this case.

Pulaski

The income needs to be US income. Can she prove that her income will continue if she relocates to the US? If you have sufficient assets, given the likely uncertainty of income, applying based on assets may be easier for you.

ian-mstm

Why would you provide info on assets if you are not required to? Seems like a complete waste of time and energy!

Ian

Noorah101

Rich provided asset information because their income didn't qualify on the I-864. If your income qualifies, then there's no need to list assets. You can, if you want, but it's not required.

Rene

Noorah101

Most likely no. She will need to prove that this income will continue once inside the USA. Work history won't prove this, neither will the history of her career. She will need something like ongoing contracts with her clients, with an end date later than when she enters the USA, or statements from clients who will be employing her after she arrives in the USA, with firm gig offers, etc.

I assume she considers herself self-employed? If that's the case, then be careful of the figure she can use on the I-864. She can only use personal income on the I-864, not business income. For example, if she earns $20,000 a year from her music gigs, but she has $11,000 a year in business expenses (new equipment, travel expenses, advertising, etc), then she only has $9,000 a year in personal income (profit from the business). $9,000 a year would not be enough to sponsor you on the I-864 without using assets or a joint sponsor.

If her personal income is above the required threshold, AND she can prove the work will continue once inside the USA, you don't need to list assets. But seeing as how she might not be able to prove this, it might be a good idea to list the assets. Asset value needs to be 3x what is lacking in income. Cash in the bank works best. You don't mention what the assets are.

Rene

milan.fit

Is there a list of which incomes qualify. She is a freelancer and her income will remain the same wherever she is in the world. But how can I prove that? Is royalties paid by record labels a sufficient proof? Or what kind of proof would I need to support this statement? I was thinking to attach statement from her describing her career path so far etc..

milan.fit

So on i864 I just put the value of the assets ? Do I need to attach some sort of proof of these assets? If I don't mention what the assets are and they're a property then how do they know I didn't just make that up?

Noorah101

Milan,

I moved your other posts into this thread you created with the same topic.

Rene
Moderator

Noorah101

No. All income qualifies, unless it's a means-tested benefit from the US Government.

You don't need to prove her income will remain the same wherever she is in the world. You need to prove that her income will specifically continue from the same source, after she moves to the USA.

If this is a reqular payment she receives, and it just means changing her address to get the payment sent to the USA, then yes, this is good proof.

I already commented on the career path statement. That won't hold any water without concrete proof that she will receive income in the USA from the same source that she receives income now. I'm not 100% clear on how she receives her income right now, only you and she know that, and can figure out a way to prove she will have money from the same source(s) coming in after the date she moves to the USA.

Rene

Noorah101

Yes.

Yes.

You must mention what the asset is, how much it's worth, and prove it on paper.

Rene

milan.fit

Ok, it's clear.
However on i864 there is no requirement to prove where does the income come from. All it requires us to say is whether she's employed or self employed and how much she made in 3 most recent tax years. Her US tax returns state that she had made more than poverty guidelines in 3 consecutive years and that's what we put in the form. Next question is re assets and, since the income is sufficient, we skipped that part..

I'm really quite confused how could an i864 be refused basing onwhat we've put there...

civilservant

Just because it doest ask for it on the I-864 dosen't mean that it dosen't say to include the proof on the I-864 instructions.

Noorah101

Does it say that in the I-864 instructions, too?

If you are doing a DCF case (which it seems you are), there is an added element of having to prove that this qualifying income will continue from the same source once inside the USA. I don't know if the I-864 instructions cover this scenario at all, but from experience we here can tell you that's required in your case. If the income won't be continuing from the same source, or if you can't prove such to the ConOff's satisfaction, then the income won't qualify.

Rene