Egyptian

Hi all,

I would greatly appreciate your suggestions regarding my case.

I am an American citizen by birth residing in Egypt. I applied for IV for my husband in the US Embassy in Cairo back in 2006.

The i-130 was approved and we completed the required documents except the I-864 from a joint sponsor since I don't have income in the US and don't have tax return history because I was living in Egypt with my family since I was 6 years old the co sponsor is required

We have explained to the consular section that we don't have any relative or close friend living in the US who would assist us in filling the form.

The case is still pending and we are not able to get a sponsor. What can we do, do you have any ideas based on previous experiences with similar cases?

Thanks
Rana

Noorah101

There is no way around the I-864. You must file one, and if your income/assets are not enough, you will need a joint sponsor.

I assume that neither you nor your husband has income that will continue from the same source once inside the USA? Also not enough in cash savings to qualify as an asset (3x the amount needed in income)? I also assume you have no property/home/house you could use as an asset? Homes are not the best asset right now anyway, it's a long shot, but if that's all you have....

Last resort, you move to the USA ahead of your husband and find employment. If it's above the limit you need on the I-864P, the I-864 will be accepted.

Rene

meauxna

What have you been doing the past 4 years to solve the issue?
Might save us some typing.

Egyptian

Thanks for your reply Rene,I thought about it however It's hard for me to move alone to the US. how long should I be employed in the US to fill the I-864P x and does it require tax return and for how many years?

For the past 5 years we have been searching for anyone who could help us however as since we dont have relatives or close friends no one responded positively. In my husband IV interview he explained that the the consul and he seemed to understand the situation and all what he asked him to do is to open a ban account for me in the US and transfer $200 then send him the docs so they can issue the visa, that was a requirement to prove my intend to establish a domicile. During the interview that what he was informed and even after he left the interview area he called him again in the mic and confirmed to just open a bank account for me in the US.

We followed the consul instruction and managed to open a bank account in the US and transfer money then after we sent the doc to the embassy explaining what was required in the IV interview and attaching the proves still we kept receiving their replies that the joint sponsor I-864 is mandatory.

Noorah101

Yes. Having the money in a US bank account shows your intent to domicile in the USA, which is a separate issue from the I-864. You are lucky Cairo only requested this much of you to show your intent to domicile, they could have asked for much more.

Regarding the I-864, you need to just have a few paychecks in hand to prove your income. You won't have tax returns to show, unless you've been working and earning money while living in Egypt, of a certain amount.

At this point, since it's been so long and you've not been able to find a joint sponsor, you basically have two choices: 1) you go ahead to the USA and start working, as hard as that might be; or 2) don't immigrate to the USA until you can find a joint sponsor.

Rene

Egyptian

Thanks Rene for your reply. Can you please check the below options if they could help

- if I will use of Assets to Supplement Income, is it possible to include the value of an apartment that I own in Egypt that will exceed the income requirement, also to include my & my husband's saving cash available in our bank's accounts in Egypt.[/quote]

Your apartment cannot be your private residence. It must be a property that you do not live in. Assets can be used and must meet the poverty guidelines times 3.

You cannot do this. He cannot enter the US with the intent to immigrate without the proper immigration visa. You can start the paperwork a second time, i.e. filing of a new I-130, but then he must leave the US and return to his own country to live and wok while he waits for the I-130 to go through the system again.

As a USC you are required by law to file US tax returns when you have any world-wide earned income. You can file these returns late.

Egyptian

Thanks Rene,

I just need clarification on the below according to the I-864 instructions regarding using the income of the intending immigrant to qualify:


Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident

- My husband is currently living in my residence outside the US
- he can show his assets " bank account balance"
- My husband income would be included if the source of income is outside the US?

i just need clarification regarding that the income must continue from the same source.

Thanks
Rana

Noorah101

Yes, you read it correctly. Your husband's income can be included on the I864 if it will continue from the same source once he is inside the USA.

Is this the case with you? Will his income continue from the same source after he is in the USA?

What is the current source of his income?

Rene

Noorah101

Cash in the bank is an asset, not income. Assets of course can be used on the I-864. Assets must equal 3x what you would have needed in income.

Rene

ian-mstm

Once he leaves his country and moves to the US, will he continue to be paid by his current employer? Yes or No? If yes, then his income can be included. If no, then it cannot. Assets is not income.

Ian

Egyptian

Hi Rene,

My husband has different sources of income
1- His salary from a multinational company he works for in Egypt.
2- Rents revenue coming from renting apartments that belongs to him & his family.
3- Commision bassed on selling manuscripts and art paintings.

those are the sources of income, knowing that if he applied in the multinational company branch in the US he will get a job there.

So what do you think about it, are those sources of income are enough to qualify, & if yes, how we can show it?

Noorah101

Income can also come from something like a retirement account or pension, if he receives income from something like that, which will continue in the USA, it can be used.

Rene

Noorah101

Future income can't be counted on the I-864, so he would have to actually be hired in the US branch in order for it to count. He would need to show proof that he will be transferring to the US branch, along with proof of his salary.

Rental income - I suppose you can document how he has been receiving this income for some time, and show that the income will continue once he's outside of Egypt, and how the income will be coming to the USA.

Commission probably can't be used, as it's not a reliable, steady, source of income. There's no guarantee that he'll sell any manuscripts or paintings in the USA. So I wouldn't count that one.

I don't know if those sources of income are enough to qualify...how much does he currently earn from those sources (expressed on a yearly basis?)

Why haven't you tried using these sources, plus the savings in the bank, until now?

Rene

Egyptian

His yearly income is approximately $22,000/ year

We have tried before to show the saving bank account that was $55,000 by that time however they didn't comment on the value and their reply was that a joint sponsor is mandatory, that was 4 years ago.

During the last 3 years his salary was raising and he reached around $18,000 / year.

Noorah101

And how many are in your household? You and your husband...any kids that will be coming to the USA with you?

Look at the level you need to be earning on the I-864P, here: http://www.uscis.gov/files/form/i-864p.pdf

For a household of 2 (the two of you), he only needs to be earning $18,212. He already earns more than that in just his income. Then you have assets on top of that. He should gather very strong evidence that his income will continue at that level once he's inside the USA. A confirmation from the US branch of his company that has a specific start date at a specific salary, proof of his income from the rental property (including lease agreements that extend well beyond a time that he'd be in the USA), etc.

Then I recommend trying the I-864 again showing income and assets. If the ConOff tells you again that a joint sponsor is required, then you have no other choice.

Rene