Need some clarification in relation to the following re i-864 form.in relation to income and assets:



question 1. say, I as the sponsor do not meet the income requiements for the form i-864. Can I use the intending immigrants (spouse) income to support my income, if the intending immigrant is getting his income from a commercial rental property that he owns in the UK. This income will continue from the same source. I have been reading conflicting information, more to the point that the intending immigrant can only apply his income in the from i-864 if it is generated in the USA. Can someone clarify please.............

FORM I-864 states as follows:. 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
Can the Intending Immigrant Help Me Meet the Income Requirements? If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status

With regards to question 2 : FORM i-864 states as follows: IItem Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrants assets

The question is whether I can use the intending immigrant residental property as an asset to support my i-864. The property is located in the UK, the intending immigrant is in the US during his Adjustment of Status Application.

Finally, the question if for any reasons I am unable to apply his income, can I use his assets to support my i-864 application.

Any help would be much appreciated

Investment income from an investment property is, in principal, allowable. There have been instances reported of it being disallowed, but we may not have all the information that led to that decision by the reviewing immigration officer. I would provide copies of bank statemements and tax returns to prove that the income is being received. The critical thing about using non-US income to support a visa is that the income must be capable of continuing after immigration to the US; this shouldn't be a problem for rental income, but immigration officers are understandably sceptical about income from employment/ occupation being able to continue after immigrating to the US.

The value of overseas properties is also allowable, and in fact I used the value of our home in London myself as part of my visa application, sponsored by my wife (I'm British, my wife is American). In support of the value I provided a valuation from an estate agent, as part of our intention to sell the property. There is no ultimated requirement to sell the property, and in fact it was 9 months after my visa was issued that we eventually sold our home in London.\

Note: you can use the income or the sale value in support of your visa application, not both.

Assuming you're married to the immigrant, all your spouse's assets and income are deemed to be your assets and income for I-864 purposes

Thank you Pulaski,

Ok here is my dilemma, as mentioned above, the income is from a commercial property, a lease signed in 2025 for a term of 15 years say at a rental of £78,500 per annum. It is an investment property.

The question is where to I show this as income on the form i-864 from and intending immigrant. ANY IDEA.... I would submit a full copy of the lease with all associated docs as supporting evidence together with UK Tax calculations as opposed to full tax returns. Any thing else you suggest to submit as evidence.

Second, we could also use intending immigrants residential property as assets in line with your recommendation. Submit the property title to show ownership, a letter from the estate agent on the valuation. Is there anything else you can think of that we may need to submit as supporting evidence.

valuation figure will be converted to US dollars in line with the guidelines set out by the irs yearly currency exchange rates

p.s. there is a provision on page 8 of the new i-864 form to show intending immigrants assets in the i-864 as follows

Enter the net cash value of all the principal immigrant's real estate holdings. (Net value means investment value minus mortgage debt.)

In anticipation of your reply, thank you