At the time of the application for my German husbands green card I had been working in the same job for 10 years. I recently lost my job unexpectedly. My husband's income is well above the poverty guidelines, but his comapny is based in Germany so he has been paying taxes in Germany (that will change once he has his green card) not in the US and is paid in euros. He will be keeping the same position but we are unsure if his income qualifies since he will not have w-2s etc to prove his income. Does anyone know if we can use this?
Lost my job
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austriacus
Registered Users (C)
I would think his income should generally qualify, and I'm sure he has some documentation to prove his income. I'm guessing you'll need to provide a translation and show evidence that X Euro = Y Dollar and meets the income requirement. Also, if his assets are 3x the poverty level you may just be able to use that; are his assets dollar denominated in the US? Not sure what significance it would have if the assets are Euro-denominated, I would guess they have to be readily convertible into Dollars to qualify. 
You'd be bringing your evidence and an updated I-864 with you to the interview. I'm somewhat surprised he works in the US, gets paid in Euros and pays tax in Germany. I'm curious, what's his current immigration status and his basis for paying tax in Germany, does he claim it as his tax home based on tax treaty? (and doesn't he pay a lot more tax than he'd pay in the US?) If I were you, I'd discuss the issue that his assets/income is in Euros with an immigration attorney, as well as what proof would be necessary to establish his income will continue from this source in the future (unless you base it completely on assets).
As far as W-2 is concerned, I don't think you even need to provide W-2's of your husband, the "intending immigrant", only you as the I-864 sponsor, if I read the I-864 instructions correctly. But even if you did need them, you can instead attach a sheet with the specific IRS publication (or tax treaty?) showing why your husband did not have to file taxes in the US.
You'd be bringing your evidence and an updated I-864 with you to the interview. I'm somewhat surprised he works in the US, gets paid in Euros and pays tax in Germany. I'm curious, what's his current immigration status and his basis for paying tax in Germany, does he claim it as his tax home based on tax treaty? (and doesn't he pay a lot more tax than he'd pay in the US?) If I were you, I'd discuss the issue that his assets/income is in Euros with an immigration attorney, as well as what proof would be necessary to establish his income will continue from this source in the future (unless you base it completely on assets).
As far as W-2 is concerned, I don't think you even need to provide W-2's of your husband, the "intending immigrant", only you as the I-864 sponsor, if I read the I-864 instructions correctly. But even if you did need them, you can instead attach a sheet with the specific IRS publication (or tax treaty?) showing why your husband did not have to file taxes in the US.
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tennis_court
Registered Users (C)
Another thought is regarding the income. I think the income is based on an yearly basis and not on a month by month. It's November now so let's say you don't find a new job in the next 2 months, you still have 10 months worth of income this year and you can file w-2. If that amount meets the limits of poverty than I don't see a reason not to be acceptable. I don't think there is a stipulation that someone needs to work non stop during a year.