Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Company transfer and I-864 affidavit of support

Company transfer and I-864 affidavit of support

Old Apr 26th 2010, 4:40 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Apr 2010
Posts: 236
srefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of light
Default Company transfer and I-864 affidavit of support

Hi,

Previously I was asking about which visa route would be the best way for me to take to get to the US.

If I went the IR-1 route, and was transferring within my employer, would I have to work for the exact same company for my future US earnings to be valid for the I-864 affidavit of support.

By exact same company, I mean suppose I work for XYZ (UK) Ltd, which is a subsidiary of XYZ Inc, if I transfer to XYZ Inc would this count as the same employer. Technically its the same business group, but I don't know how immigration look at this.

I have purposely not provided my employers name as I don't think this is appropriate, however if it is vital to the situation I can do this. If size makes a difference the company I work for is a huge multinational with employees numbering in the hundreds of thousands.
srefre is offline  
Old Apr 26th 2010, 5:10 pm
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
Hi,

Previously I was asking about which visa route would be the best way for me to take to get to the US.

If I went the IR-1 route, and was transferring within my employer, would I have to work for the exact same company for my future US earnings to be valid for the I-864 affidavit of support.

By exact same company, I mean suppose I work for XYZ (UK) Ltd, which is a subsidiary of XYZ Inc, if I transfer to XYZ Inc would this count as the same employer. Technically its the same business group, but I don't know how immigration look at this.

I have purposely not provided my employers name as I don't think this is appropriate, however if it is vital to the situation I can do this. If size makes a difference the company I work for is a huge multinational with employees numbering in the hundreds of thousands.
The way I've heard it worded is...."your income must continue from the same *source* as it did in the UK". If your employer will write you a letter describing the inter-company transfer, your salary, etc, then I don't think it should be a problem using your continuing income on the I-864.

Of course the ConOff at your visa interview will have the final say on it all.

Rene
Noorah101 is online now  
Old Apr 26th 2010, 6:29 pm
  #3  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
Hi,

Previously I was asking about which visa route would be the best way for me to take to get to the US.

If I went the IR-1 route, and was transferring within my employer, would I have to work for the exact same company for my future US earnings to be valid for the I-864 affidavit of support.

By exact same company, I mean suppose I work for XYZ (UK) Ltd, which is a subsidiary of XYZ Inc, if I transfer to XYZ Inc would this count as the same employer. Technically its the same business group, but I don't know how immigration look at this.

I have purposely not provided my employers name as I don't think this is appropriate, however if it is vital to the situation I can do this. If size makes a difference the company I work for is a huge multinational with employees numbering in the hundreds of thousands.
Comment: This is an excellent question! I wonder myself. But then, I have a habit of not thinking of the US Immigration Laws being "straightforward." Recently, the Supreme Court agreed: Padilla v Kentucky.
S Folinsky is offline  
Old Apr 26th 2010, 8:23 pm
  #4  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
Hi,

Previously I was asking about which visa route would be the best way for me to take to get to the US.

If I went the IR-1 route, and was transferring within my employer, would I have to work for the exact same company for my future US earnings to be valid for the I-864 affidavit of support.

By exact same company, I mean suppose I work for XYZ (UK) Ltd, which is a subsidiary of XYZ Inc, if I transfer to XYZ Inc would this count as the same employer. Technically its the same business group, but I don't know how immigration look at this.

I have purposely not provided my employers name as I don't think this is appropriate, however if it is vital to the situation I can do this. If size makes a difference the company I work for is a huge multinational with employees numbering in the hundreds of thousands.
I think Jeff posted the FAM cites you need to read in your other thread.. go check them out.

It's not the size of your company, but your position in it, that make a difference (if you want to go the transfer/work visa method). As far as using your income for the I-864.... for starters, it would have to be crystal clear and rock solid, to the CO, that you were continuing to work for your same employer, with confirmation of the details.
We can't really assure you of anything; cases have been adjudicated quite differently over the past year.

The I-864 is for your US citizen SPOUSE to complete; more strength will be given to her income/asset picture.
Also, your situation is very unique.. more unique than the other unique cases that are posted here. You should start shopping for a lawyer who will have a nice long chat with you about ALL your options.. this is becoming more clear with each post. You have happy issues, but they're issues. If you're on a short timeline (jobs won't wait long) don't shilly shally.
meauxna is offline  
Old Apr 27th 2010, 1:31 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Apr 2010
Posts: 236
srefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of light
Default Re: Company transfer and I-864 affidavit of support

Once again, thank you to everyone for their thoughts and insights.

Fortunately my timeline is not short, as my employer is very understanding and holds me in high esteem within the company. It also helps that what I do is a little bit unique, although not a complete niche.

One thing that does seem frustrating in the I-864 is that my spouses income is more important. Given that we both live in the UK and it is myself who is being offered the transfer, my income is probably the only one that will continue from the same source. Fortunately other assets are joint.
Is it also possible to be sponsored by say my in-laws?

I will also make it clear that I plan to seek legal advice, I am just one of those people who likes to have a bit of understanding as to how the system works themselves also.
srefre is offline  
Old Apr 27th 2010, 3:13 pm
  #6  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
One thing that does seem frustrating in the I-864 is that my spouses income is more important. Given that we both live in the UK and it is myself who is being offered the transfer, my income is probably the only one that will continue from the same source. Fortunately other assets are joint.
Since your income will be continuing from the same source, it can be counted on her I-864. Her income can't be counted if it's not going to continue from the same source.

Your assets (yours and hers both) are considered joint, as well, and can both be used, if necessary. Your primary residence is not a good asset lately...cash in the bank is best...anything else falls in between.

Is it also possible to be sponsored by say my in-laws?
Yes. Anyone who is a USC or US PR, age 18+, living in the USA, can be a joint sponsor. The joint sponsor needs to earn enough income for his own household size plus the immigrant.

I will also make it clear that I plan to seek legal advice, I am just one of those people who likes to have a bit of understanding as to how the system works themselves also.


Rene
Noorah101 is online now  
Old Apr 27th 2010, 4:13 pm
  #7  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
Once again, thank you to everyone for their thoughts and insights.

Fortunately my timeline is not short, as my employer is very understanding and holds me in high esteem within the company. It also helps that what I do is a little bit unique, although not a complete niche.

One thing that does seem frustrating in the I-864 is that my spouses income is more important. Given that we both live in the UK and it is myself who is being offered the transfer, my income is probably the only one that will continue from the same source. Fortunately other assets are joint.
Is it also possible to be sponsored by say my in-laws?

I will also make it clear that I plan to seek legal advice, I am just one of those people who likes to have a bit of understanding as to how the system works themselves also.
Have you downloaded and read the I-864 and its instructions yet? While frustrating, it should be clear now that a family-based immigration option (ie immigrant visa petitioned by your spouse) requires that SHE show that you will not become a public charge once in the US. It's not up to you to prove that, it's up to her.
If you want to come on your own merits completely, ask your boss what would be involved in a company-sponsored transfer where the company will be the petitioning party. That will get you *to* the US, but you will still have the hurdle to Permanent Residency (your company can also potentially petition you for this).
meauxna is offline  
Old Apr 28th 2010, 11:02 am
  #8  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by meauxna
If you want to come on your own merits completely, ask your boss what would be involved in a company-sponsored transfer where the company will be the petitioning party. That will get you *to* the US, but you will still have the hurdle to Permanent Residency (your company can also potentially petition you for this).
The company can sponsor directly for an EB immigration visa, if it wishes and is eligible. There is no obligation to use the temporary visa system.
JAJ is offline  
Old Apr 28th 2010, 2:46 pm
  #9  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by meauxna
That will get you *to* the US, but you will still have the hurdle to Permanent Residency (your company can also potentially petition you for this).
Comment already made: It is true that the L-1A to EB-1 path is the one most usually employed. However, it is not required. "Your mileage may vary."
S Folinsky is offline  
Old Apr 29th 2010, 4:17 pm
  #10  
rjt
Just Joined
 
Joined: Apr 2010
Posts: 12
rjt is an unknown quantity at this point
Default Re: Company transfer and I-864 affidavit of support

I was glad to come across this thread because I'm in a very similar position to srefre in that I'm intending to transfer to my employer's US company and do so by getting a green card through my American wife. Only minor difference is that the US company, XYZ Inc is a subsidiary of the UK company XYZ Plc (and their a lot smaller).

What I was planning on for the I-864 was having the HR manager write a letter stating that I will be transferring to the American branch, what my salary will be and hopefully making no mention of Inc's or Plc's. One might anyway (naively?) think that common sense will prevail because it is in spirit the same company - the separation is just for legal, and probably tax, reasons.

Though I haven't memorised the I-864 instructions, I'm not sure I agree with the assertion that the spouse's/petitioner's income is more important. As far as I can see it's just a case of whether a particular kind of income qualifies and then a straight yes or no on whether the total passes the threshold.

I did come across this page after a google:
http://adelaide.usvpp.gov/consular/v...affidavit.html

It says the following, which, although its talking about the petitioner, hints that switching between affiliate companies is acceptable for using the income:
"If applicable, a letter from his/her employer on company stationary verifying date of hire, position, wages or salary to be paid in the U.S., numbers of hours to be worked per week, whether the job is full-time, permanent, part-time, or seasonal, expected date of transfer and details of transfer to the U.S. company."
rjt is offline  
Old Apr 29th 2010, 4:36 pm
  #11  
Forum Regular
Thread Starter
 
Joined: Apr 2010
Posts: 236
srefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of light
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by rjt
I was glad to come across this thread because I'm in a very similar position to srefre in that I'm intending to transfer to my employer's US company and do so by getting a green card through my American wife. Only minor difference is that the US company, XYZ Inc is a subsidiary of the UK company XYZ Plc (and their a lot smaller).
WOW! I am glad you came across my thread also!

rjt - You don't happen to also live in the SouthEast and be transferring tot he Chicago area do you?
srefre is offline  
Old Apr 30th 2010, 11:27 am
  #12  
rjt
Just Joined
 
Joined: Apr 2010
Posts: 12
rjt is an unknown quantity at this point
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
rjt - You don't happen to also live in the SouthEast and be transferring tot he Chicago area do you?
Never quite sure whether Oxfordshire is the south east or not (used to live in Camberley though). I'm not going to anywhere near Chicago though I went there quite a bit in a previous job and I think it's a great city (gets mighty cold in winter though).

Seems like I'm quite a way ahead of you (got I-130 approved a month ago and sent off visa application this week) so I'll let you know how it goes.
rjt is offline  
Old Apr 30th 2010, 12:09 pm
  #13  
Forum Regular
Thread Starter
 
Joined: Apr 2010
Posts: 236
srefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of light
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by rjt
Seems like I'm quite a way ahead of you (got I-130 approved a month ago and sent off visa application this week) so I'll let you know how it goes.
Not sure about Oxfordshire, but Camberley is not a million miles from here, so close enough!

You are certainly way ahead of me. I only found out about the opportunity from my employer about a week ago, so I am in very early stages.

Looking at the I-130, I notice it has a place for the address you intend to live at in the US. How did you get round this?
I certainly plan to live around Chicago, but I couldn't afford to rent a place until I move as I also have expenses here.

I am also not sure how to deal with intended dates. Given that my employer has no set timescale for me, just "as long as it takes", I don't know how to proceed. I plan to move when all the issues are sorted out, but not having a retrospectroscope, I don't know when that will be.

Sorry to ask so many questions, but as you admitted you had recently gone through almost exactly the same thing I am planning, you looked like a good victim for my questions!
srefre is offline  
Old Apr 30th 2010, 1:59 pm
  #14  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by srefre
Looking at the I-130, I notice it has a place for the address you intend to live at in the US. How did you get round this?
It's not a trick question. If you don't know where you're going to live, say so. Why? Because it's the truth. Putting "unknown" or "not sure" is a perfectly acceptable response.


I am also not sure how to deal with intended dates.
It's not a trick question. If you don't know when you're going to be there, say so. Why? Because it's the truth. Putting "unknown" or "not sure" is a perfectly acceptable response.

Ian
ian-mstm is offline  
Old Apr 30th 2010, 2:11 pm
  #15  
Forum Regular
Thread Starter
 
Joined: Apr 2010
Posts: 236
srefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of lightsrefre is a glorious beacon of light
Default Re: Company transfer and I-864 affidavit of support

Originally Posted by ian-mstm
It's not a trick question. If you don't know when you're going to be there, say so. Why? Because it's the truth. Putting "unknown" or "not sure" is a perfectly acceptable response.

Ian
Thanks.
Probably me being overly cautious, but I asked as I was worried that unknown wasn't an acceptable answer.

The other option I was considering was arranging to work remotely for say the few months or so of the transfer. That way I could sort out details such as rental agreements and stay at my in-laws. Would give me an address and only leave date unknown.

However if unknown is acceptable, thats what I shall put.
srefre is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.