864 Foerign Income of Household Member

[Michael1948]

We just received several Request for Initial Evidence (I-485)
All are asking for more info about my income and my Chinese wife's income that I reported on I-864.

Although we are in the States, we are still employed by our Chinese employer. I have filed with IRS and all is OK and will submit IRS Return Receipt for my income abroad.

My question is about my wife's Chinese income. We have been authorized by our Chinese employer to work from America via a online virtual office. I am a consultant and graphic designer and she is an accountant. We worked in this manner while in China as our home office is in another city from where we reside.

The RFI asks for US tax info (W-2, 1099, etc.) for her which of course we don't have as she is forbidden to work here at this time.

The Request states that:
For the household member's income to be included. submit evidence that the household member on Form I-864..... MUST have been from a lawful source and earned while the household member was authorized to work in the United States.

While her income is from a lawful source, that source was and is in China. We can document this with contracts, business licenses, and company correspondence.

My question.. Is this acceptable income to qualify financially?

 

[Michael1948]

Replying to my own question:

According to the Request for Initial Evidence from USCIS

x For the household member's income to be included in the household income, the household member's must have been earned from a lawful source and earned while the household member was authorized to work in the United States.

My opinion:
This is wrong. After researching I found the word "and" is actually "or" according to Department of Homeland Security
U.S. Citizenship and Immigration Services
8 CFR Parts 204, 205, 213a and 299
Department of Justice Executive Office for Immigration Review
8 CFR Parts 1205 and 1240
Affidavits of Support on Behalf of Immigrants; Final Rule


BIG DIFFERENCE

In our case my wife and I will continue to be employed by our Chinese employer and her income will qualify as household income.

I find it interesting that USCIS would misquote the applicable law.