getting my wife green card

[mousefai]

HI people I needed your help.

I am currently living overseas back in 2007 and married my wife in 2010. We are thinking to get her a green card to USA.

I did currently filed tax to HK and USA, and my GROSS income met the poverty rates. I also have good assets in USA which could filed in the I-864.

1st, I heard that US immigration WILL NOT count income earned oversea as the income in I-864. Is that truth?

2nd, If is truth, is it possible to just use the asset (stock) i have in usa for the requirement in I864 (6 digits value of stock).

3rd, is it truth that I needed to show 3 years of tax return (if the immigration counted my oversea earned income) to the immigration?

 

[newacct]

1. Yes, because to file a family immigrant petition you are supposed to be domiciled in the U.S. or becoming domiciled in the U.S., and they can only count income that will continue in the future; and since you are domiciled in the U.S., it needs to be U.S. income.
2. yes, if the stock can be freely sold
3. The form will require you to attach last year's tax return (either transcript or all the forms), plus it will require you to write the "total income" number from the tax returns of the last 3 years.

 

[Jackolantern]

1st, I heard that US immigration WILL NOT count income earned oversea as the income in I-864. Is that truth?

It is true. You can't count non-US income unless it will continue when you're living in the US (which can be the case for some types of income such as royalties, pension, dividends).

2nd, If is truth, is it possible to just use the asset (stock) i have in usa for the requirement in I864 (6 digits value of stock).

Usually yes, but maybe not if it's restricted stock which you can't sell yet, or the stock is in a retirement account that will have penalties for withdrawing before a certain age (typically 59.5 years old).

 

[mousefai]

1. Yes, because to file a family immigrant petition you are supposed to be domiciled in the U.S. or becoming domiciled in the U.S., and they can only count income that will continue in the future; and since you are domiciled in the U.S., it needs to be U.S. income.
2. yes, if the stock can be freely sold
3. The form will require you to attach last year's tax return (either transcript or all the forms), plus it will require you to write the "total income" number from the tax returns of the last 3 years.

Also, on part 6 13abc of i864, what will my income will be? Since ALL of my earned income is oversea. So do i just put 0 since the us immigration wont count or i should just put the actual amount i earned oversea?

Thanks.

 

[mousefai]

It is true. You can't count non-US income unless it will continue when you're living in the US (which can be the case for some types of income such as royalties, pension, dividends). I do have dividend earned in USA, but the amount are little compare to the poverty rate. so i wont base much on that.


Usually yes, but maybe not if it's restricted stock which you can't sell yet, or the stock is in a retirement account that will have penalties for withdrawing before a certain age (typically 59.5 years old).

..If that is the case, how much asset i need in cover to get my wife a green card? I heard is 3 times of something. So if my in usa is 0, how much i need?

 

[Jackolantern]

Also, on part 6 13abc of i864, what will my income will be? Since ALL of my earned income is oversea. So do i just put 0 since the us immigration wont count or i should just put the actual amount i earned oversea?

There are different questions about your income; they ask for the income on your tax return, your individual income, and your household income (which includes your spouse's income).

For the tax return income, list the income as is from the tax return, regardless of where in the world it came from.

For the other two, list only US income (and non-US income which you will continue to receive in the US, if any).

 

[Jackolantern]

..If that is the case, how much asset i need in cover to get my wife a green card? I heard is 3 times of something. So if my in usa is 0, how much i need?

For marriage to a US citizen, every $3 makes up for $1 of income shortfall. So if you need $20000 of income for your household size according to the poverty guidelines (i.e. 125% of the povery line), but your US income is zero, your assets would need to be 3 x $20000 = $60000. See I-864P for the required income amounts for each household size.

 

[mousefai]

For marriage to a US citizen, every $3 makes up for $1 of income shortfall. So if you need $20000 of income for your household size according to the poverty guidelines (i.e. 125% of the povery line), but your US income is zero, your assets would need to be 3 x $20000 = $60000. See I-864P for the required income amounts for each household size.

btw, what is povety rate? and why does it have 100% and 125% on it?

So if i am just sponsoring my wife to usa, which sponsor household size should i use?
does the sponsor household size counts MINE relative in USA as well since they live with me?

 

[Jackolantern]

btw, what is povety rate? and why does it have 100% and 125% on it?

The income requirement is 25% above the poverty line (except for active duty military). So that's 100% of the poverty line for active duty military, 125% for you and everybody else.

So if i am just sponsoring my wife to usa, which sponsor household size should i use?
does the sponsor household size counts MINE relative in USA as well since they live with me?

Page 5 of the I-864 instructions explains who should be counted in your household size. Having relatives living in the same house with you doesn't necessarily mean they should be included.