I-864 unemployed advice needed please!

Bert22

New Member
Hello,

My wife and I are expecting our interview for her greencard in August but I recently resigned from my company (last day is July 5th) that I have been at for the past two and a half years. I have already made about $50K this year, and my 2018 and 2017 tax returns were included in our original paperwork we filed with USCIS showing income of about $85k each year. I have worked full time the past 6 years but could not possibly carry on any longer in my current role so had to leave. My question is, how much emphasis does USCIS put on being unemployed at the time of interview? I clearly have exhibited stable earnings for the past 6 years but we are worried that if I’m still looking for a job when our interview comes that we may be denied due to me not “currently” working, even though I have already met about twice the income requirement this year. Are we being overly worrisome about this or do you think we’ll be fine? Any good advice would be greatly appreciated as I’m having trouble sleeping at night about this. Thanks so much.
 
Current income is what matters most, and your current income is 0, so yes, it would be a problem.
 
Since you wrote each of you made 85K during last years I am assuming your wife is currently employed. If that is the case you can use her income for I-864 purpose as long as she continues to be employed in foreseeable future.
 
Since you wrote each of you made 85K during last years I am assuming your wife is currently employed. If that is the case you can use her income for I-864 purpose as long as she continues to be employed in foreseeable future.
I believe you misread, he said “$85k each year”.

And yes, OP, you need to show current/sustainable income. If you do not have a new job by the time of interview you will need a joint sponsor.
 
Thanks everyone for the feedback. I ended up getting advice from an immigration attorney (forgot that I elected for legal coverage when electing benefits in December) as well and explained the situation similar to what I wrote here and she said that six years of continuous employment is enough to prove the ‘steady income’ requirement. She also said that because I’m already above the threshold this year, that even if I was unemployed at the time of interview, that there was a 99% chance we’d be fine. She said ‘there’s no law that states you must be employed at the time of interview to be a sponsor, you just need a history of steady earnings and you’ve shown that the past six years’. So for what it’s worth that’s what she said, I’m still hoping to find a job relatively soon, but feel a little better about it now.
 
I believe you misread, he said “$85k each year”.

And yes, OP, you need to show current/sustainable income. If you do not have a new job by the time of interview you will need a joint sponsor.
Yes correct, my wife is not and has not been employed due to her student visa status.
 
Current income is what matters most, and your current income is 0, so yes, it would be a problem.
Current income for the year is over twice the threshold for a family of 2. Current income as of next week will be $0, yes, unless I’m able to collect unemployment.
 
From the horse’s mouth:

https://travel.state.gov/content/tr...e-nvc/step-4-collect-financial-documents.html

For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as:
  • retirement benefits;
  • other household members' income; or
  • other significant assets.
Current income for the year is over twice the threshold for a family of 2. Current income as of next week will be $0, yes, unless I’m able to collect unemployment.

Current income is what you are actually currently earning in any read of the i864 instructions (and your interview is after next week). It is not what you were earning previously. I presume you have significant savings if you are arguing that your past income is sufficient for the remainder of the year, and you can of course use assets to make up a shortfall in income, so there is an angle for you to pursue.
 
I have similar question, my situation is that my tax return was 0 in 2018, because moved and started working outside US till now, but in 2017 and 2016 income in US was sufficinet for sponsoring.
Also my income outside US is sufficient for sponsoring (considering convert in curreny), but can I use it? and how? bring this documents at interview or send with I-864?

Also as I read in I-864 instructions I can use assets if income is not sufficient, but the amount should be 5 times greater than difference between income and minimum line,
when calculating this assets income will be based only on 2018? than why they need 3 most recent years taxes in I-864 form?

Thank you
 
You can’t use income from outside the US unless you can show it will continue once you are in the US. Who are you sponsoring and when do you plan on re-establishing domicile?

I have similar question, my situation is that my tax return was 0 in 2018, because moved and started working outside US till now, but in 2017 and 2016 income in US was sufficinet for sponsoring.
Also my income outside US is sufficient for sponsoring (considering convert in curreny), but can I use it? and how? bring this documents at interview or send with I-864?

Also as I read in I-864 instructions I can use assets if income is not sufficient, but the amount should be 5 times greater than difference between income and minimum line,
when calculating this assets income will be based only on 2018? than why they need 3 most recent years taxes in I-864 form?

Thank you
 
If I'll continue working in my country remotely from US then letter from my emploer will be sufficient?

I'm sponsoring my spouse, now waiting for NVC welcome letter, then I'm plainning to move in US to start new job and use it as current income in I-864. Can I write in forms that my domicile country is US? I've permanent address (relatives), assets in US bank accounts and filled all recent years tax returns.
 
Can I write in forms that my domicile country is US? I've permanent address (relatives), assets in US bank accounts and filled all recent years tax returns.

Not unless you are actually physically residing in the US, or plan to alongside your spouse.
 
I have similar question, my situation is that my tax return was 0 in 2018, because moved and started working outside US till now, but in 2017 and 2016 income in US was sufficinet for sponsoring.
Also my income outside US is sufficient for sponsoring (considering convert in curreny), but can I use it? and how? bring this documents at interview or send with I-864?

Also as I read in I-864 instructions I can use assets if income is not sufficient, but the amount should be 5 times greater than difference between income and minimum line,
when calculating this assets income will be based only on 2018? than why they need 3 most recent years taxes in I-864 form?

Thank you

And in the future, we suggest starting your own thread and not hijack another member's.
 
If I'll continue working in my country remotely from US then letter from my emploer will be sufficient?

I'm sponsoring my spouse, now waiting for NVC welcome letter, then I'm plainning to move in US to start new job and use it as current income in I-864. Can I write in forms that my domicile country is US? I've permanent address (relatives), assets in US bank accounts and filled all recent years tax returns.
You can write whatever you want in forms but the embassy may want to see credible proof of intent to return, such as your own address (rental agreement etc, listing a relative’s address is not domicile), job offer, etc. Filing your tax returns is expected under the law - not doing it is a negative, but doing it is expected and not indicative of domicile.
 
Top