ken27

Hello,

After recently marrying a USC, I'm applying for AOS from J1 exchange visitor status (2-year rule does not apply).

My wife is a student and doesn't have enough current income to meet the I-864 requirements, so I'm investigating using my income. (She will start a job in August that will give her sufficient income though, and we'll include a copy of that contract. If you think this is good enough on it's own, please let me know).

I'm working as a postdoctoral researcher in the US, but I'm being paid by a university in Ireland since my funding comes from a European Union fellowship. (After quite a few discussions with the IRS last year, it turns out that this should be treated as US source income because I perform the work here, so I file taxes roughly as if I was paid by the US university). The final year of this fellowship must be spent back at the Irish university, but since they are paying me already, my income appears to continue from the same source.

I'm aiming to mail the AOS packet next week and then go to Ireland on AP in August or whenever after that the AP arrives. Based on the expected timescales, I will hopefully have my GC about six months before my fellowship ends.

So, my situation seems to meet the letter of the requirements, but not necessarily the spirit. But, I've read in many posts on these forums that one shouldn't read anything into the questions on these forms. Is this an exception?

Ken

rpjs

I (UKC moving to US with USC wife) was able to use my own income for the I-864 under the "same source" rule, in my case I work for a US company and transferred my employment from their UK subsidiary to the US parent. So, not exactly the same situation as you but my gut feeling is that if that worked for me, yours ought to work for you.

If anything your case could be stronger as your income won't change source at all whereas in my case I was technically changing employer and therefore income source from Company Ltd in the UK to Company Inc in the US.

ian-mstm

Potential future income is not acceptable for the I-864.


Income that continues from the same source is acceptable for the I-864.


As long as you meet the I-864 requirements when you apply, you should be fine. When you have your interview, you can bring an updated I-864 and ask to substitute it for the one already submitted - by then your wife will be working and all should be well with the world. At this point in time, you have nothing to lose by including the I-864 as you plan to. Worst case scenario, the I-864 is rejected and you will then need to find a joint sponsor who better meets the requirements.


I'm probably the most vocal proponent of not reading anything into the questions... but this isn't an exception. If you meet the eligiblity requirements, then you meet them.

Ian

Noorah101

As for the I-864 income requirements, how long will that income continue, though? Perhaps at the time of filing AOS it is continuing. Perhaps at the time of your AOS interview it might still be continuing (in fact if I read correctly, you'll be back in Ireland working at that time?) But will it continue beyond that? The AOS interviewing officer will want proof that your income is "permanent", or as permanent as it can be in this economy (no job is guaranteed). But it seems to me that you have a definite "end date" to this income. Of course by the AOS interview, your wife will hopefully be working and earning enough income on her own, not to need yours on the I-864.

Which brings me to why I quoted the section above. You will be going back to Ireland whenever you receive AP, right? Just realize you will have to return to the USA for your AOS interview, and you might have to remain in the USA until you either receive your green card in the mail or get a chance to make an InfoPass appointment to get an I-551 stamp so you can return to Ireland to complete that last obligation.

Rene

meauxna

Why are you doing an AOS application when you are moving out of the US for at least a year?
Have you considered applying for an Immigrant Visa abroad instead?

jeffreyhy

It seems to me that your current job and income has a specified, limited, duration. And then it will end. I do not think that meets the requirements for I-864.

Regards, JEff

ken27

Thank you all for the quick replies.

Yes, my job and income will definitely end on June 30th 2012, so if there is a requirement that the income be "permanent", then it's out. Is this requirement of permanency stated somewhere? I don't believe it's on the I-864 or the associated instructions.

Given the split opinion on this, it seems like it's worth at least trying. Could there be any negative consequence to this? Could USCIS think we're trying to cheat the system and treat the application more harshly as a result?

Ian: This quote from the I-864 instructions, page 7 seems to dispute your claim that potential future income is not acceptable. What am I missing?
Meauxna: I'm doing AOS rather than IV for several reasons. First, I want AP to be able to visit my wife who is staying in the US and EAD to be able to do collaborative work with the university I'm currently with in the US. Second, from my residence in Ireland, the embassy in Dublin is a 3+ hour journey each way and their appointment schedule requires an overnight stay. Third, additional documents are required for IV (e.g. police certificates)

Rene: Yes, I'm aware that I will have to return for the AOS interview, but I was under the impression that I could continue to travel on a multiple trip AP until I had the GC in hand. Is this not correct? Do I need the GC to leave the US, or could my wife mail it to me once it arrives?

ian-mstm

There is no such requirement. The income must be acceptable to the officer on the day you're approved... after that, it doesn't really matter.


Currently, your wife isn't working - and, while a contract will demonstrate that she may have a future job, there's no guarantee that the job will even exist by then... contract or not. You're not misreading the section, but I believe you're trying to apply it to a situation that doesn't yet exist.

That said, I'm happy to be wrong about this... and you certainly lose nothing by including the contract with your other supporting paperwork.

Ian

meauxna

I think you are going to have a problem with this I-864.
You might want to read this:
http://www.uscis.gov/ilink/docView/A...html#0-0-0-381



Ian, I disagree with such a blanket statement as in your last post. The officer adjudicating the I-864 must be satisfied that the immigrant will not become a Public Charge.
The way you word is is akin to parking money in one's bank account to qualify for a mortgage. If the income is not sustainable, the officer can discount it.


Back to my opening statement in this post; it definitely has the potential for trouble. It's also something that one may be able to buffalo through, in my experience and what I've observed here.

ken, I urge you to read the FAM and find the pertinent section of the INA.
Another alternative is to get a Joint Sponsor.

ian-mstm

I understand. I guess my comment was more along the lines of one not being required to volunteer that there is a specific end date to the income - especially if the officer doesn't specifically ask about an end date. Ken is already in the US and working, and being paid by a foreign employer. He's not required to shoot himself in the foot by volunteering information not specifically asked for.

Ian

Noorah101

Typical proof of income, though, is a letter from your employer. I suppose he could use pay stubs instead, without saying that the income will be ending by a certain date, unless specifically asked by the AOS officer. Ken should be prepared just in case he IS asked this question.

Rene

Noorah101

Yes, the AP can be used multiple times (if you check the correct box on the I-131). You can use the AP right up until you are approved for PR, which might happen at your interview, or might not. If you are approved at your interview, the AP will no longer be valid, but I believe you are right, you can leave without it and then have your wife send you your green card when it comes in the mail. I'm just not much of a risk-taker, I guess...what if the card gets lost in the mail, never gets produced even though approved (sometimes happens), etc. Personally I'd rather wait until I have the actual green card, or the temp I-551 stamp in my passport before leaving the USA.

You can ask for that stamp at your interview, if the officer says you're approved. Sometimes they oblige, sometimes they don't.

Rene

ken27

Rene: Thanks. I appreciate it's a risk to leave before the green card is issued. I hope to avoid this situation if possible by asking for the stamp and/or waiting for the card to arrive.

Ian: I suspect you're right that future income is not acceptable. I think that the quote I gave from the I-864 instructions is an inaccurate paraphrasing of section 20.5 (i)(2) of the adjudicators field manual (AFM) that Meauxna linked above:

Meauxna: Thanks for pointing me to the AFM, FAM and INA. It definitely helps to know the rules used to evaluate these forms.


Since it looks like using my income is questionable, I'm looking into using my cash assets in Ireland instead. According to the State Department's I-864 FAQ, I need to show that the foreign country has no restrictions on the amount of money that can be removed from this country.

Since Ireland, which follows European Union regulations, doesn't have any limit on the amount, there doesn't seem to be any law or official statement about such limits. The closest I've been able to find is Regulation EC 1889/2005 which states that amounts greater than euro 10,000 must be declared. Are you aware of how anyone has addressed this in the past?

According to 20.5 (k)(5)(A) in the AFM, I need to submit bank statements covering the past 12 months or a statement from the bank giving the same information. My latest statement was issued in mid-March. I'm going to try to get an updated statement, but since that will probably take another week that I don't want to wait, I'm thinking of just submitting an printout of the transactions since then from my online banking account history.

Noorah101

Assets must be 3x the amount needed in income. If it's just the two of you in the household, income needs to be $18,387. This means assets need to equal at least $55,161. Do you have that much?

http://www.uscis.gov/files/form/i-864p.pdf

Rene

ken27

Sorry, I didn't make that clear. Yes, I do have enough. I just need to show that there is no restriction on moving that money from Ireland to the US.

Perhaps one of the moderators can change the title of the thread to indicate it's discussing foreign assets now too? I thought I could do it myself as the thread creator, but I can't seem to.