I 864 Unemployed Sponsor Please help.

[Happycamper]

My wife and I have been married almost a year. I was working for the Air Force as a cook on a base in Germany when we decided to get married. I gave up my job so we could be together in the final year of her contract work in Belgium. Our plan was to move to the states after she completes her contract and begin our life together. Now we are going through the visa process and Im filling out the I864 form. Im concerned because I have not worked in almost a year, and I do not know how this will reflect on the visa process? I have a considerable amount of money in savings thanks to working as a contractor in Afghanistan, and my wife has even more than me in her savings. Does this savings have any effect on the process? I don't know if I should ask a parent to co-sponsor or try to apply on my own merit? We want to be approved on the first application because it's getting very close to the end of her contract and we aren't looking forward to spending time apart (if this process drags out) since we already did that while I was in Afghanistan. I need advice on the best way to proceed?

Thanks in advance.

[rayb]

You can substitute your cash for proof of employment income on your I-864, and include a note explaining use of liquid assets in place of income.

Your substituted cash should be at least 5 times the income requirement ($100,000+) to satisfy the reviewers.

--Ray B

My wife and I have been married almost a year. I was working for the Air Force as a cook on a base in Germany when we decided to get married. I gave up my job so we could be together in the final year of her contract work in Belgium. Our plan was to move to the states after she completes her contract and begin our life together. Now we are going through the visa process and Im filling out the I864 form. Im concerned because I have not worked in almost a year, and I do not know how this will reflect on the visa process? I have a considerable amount of money in savings thanks to working as a contractor in Afghanistan, and my wife has even more than me in her savings. Does this savings have any effect on the process? I don't know if I should ask a parent to co-sponsor or try to apply on my own merit? We want to be approved on the first application because it's getting very close to the end of her contract and we aren't looking forward to spending time apart (if this process drags out) since we already did that while I was in Afghanistan. I need advice on the best way to proceed?

Thanks in advance.

[Happycamper]

Thanks so much for the reply Ray. We are just wondering, what is the exact dollar amount required for this exemption? Is it anything over 100,000 or is there a number that is more exact? Cheers

You can substitute your cash for proof of employment income on your I-864, and include a note explaining use of liquid assets in place of income.

Your substituted cash should be at least 5 times the income requirement ($100,000+) to satisfy the reviewers.

--Ray B

[rayb]

This is not an "exemption" from the income requirement. It is a substitution of available case or assets which can be converted to cash. If the beneficiary is a spouse or child and the petition is a U.S. citizen, the cash value of assets must be at least 3 times the income deficit. If the petitioner is not a U.S. citizen or if a co-sponsor is being used, the cash value of assets must be at least 5 times the income deficit. For example, the income requirement for a household of two, petitioner and his spouse, is an annual income of $19,662.

Keep in mind that USCIS reviewers have discretionary authority to ask for proof of sustained income, as cash or cash value alone is not guaranteed to be accepted for complete sponsorship.

I've had sponsorship packages where broker statements showing $200,000 to $400,000 value (stocks and mutual funds) were provided, and the NVC asked for additional evidence of tax filing and ongoing income. Trying to use equity in one's home is an uphill battle, as real estate equity is not easily provable.

--Ray B

Thanks so much for the reply Ray. We are just wondering, what is the exact dollar amount required for this exemption? Is it anything over 100,000 or is there a number that is more exact? Cheers

[Happycamper]

Hello Ray, The dollar amount will not be an issue in any case. This is cash savings, not stocks, realistate or another type of assets. I just need to make sure I file this paperwork correctly the first time, and get any issues worked out beforehand. The major issue is that I did not get my taxes done in for 2013. I only worked for 3 months and I planned to file them late when I return home this summer. The reason being it's not always easy to find someone to file your taxes overseas, and I did not know that this would be an issue. How will this effect my situation? I have my taxes completed for every previous year but this year in question.

The other issue is that I have not worked, and can't show ongoing income. If they accept what we have in our accounts individually or bundled together, then we will be ok. If they don't except it, then I guess our only option is for us to wait for me to being working before she joins me in the states?

Thanks so much for answering our questions. We thought we were towards the end of this visa process but it seems we are only beginning. Your advice helps to reduce the stress.

This is not an "exemption" from the income requirement. It is a substitution of available case or assets which can be converted to cash. If the beneficiary is a spouse or child and the petition is a U.S. citizen, the cash value of assets must be at least 3 times the income deficit. If the petitioner is not a U.S. citizen or if a co-sponsor is being used, the cash value of assets must be at least 5 times the income deficit. For example, the income requirement for a household of two, petitioner and his spouse, is an annual income of $19,662.

Keep in mind that USCIS reviewers have discretionary authority to ask for proof of sustained income, as cash or cash value alone is not guaranteed to be accepted for complete sponsorship.

I've had sponsorship packages where broker statements showing $200,000 to $400,000 value (stocks and mutual funds) were provided, and the NVC asked for additional evidence of tax filing and ongoing income. Trying to use equity in one's home is an uphill battle, as real estate equity is not easily provable.

--Ray B

[Happycamper]

Im working to get this tax issue resolved ASAP. But Im still wondering what barring it will have on my case?

[rayb]

Despite evidence of available cash, the NVC expects a copy of the most recent Federal income tax return OR A STATEMENT EXPLAINING WHY A RETURN WAS NOT FILED. A request from the National Visa Center during the sponsorship review step for either the tax return or the "statement" stops your processing in mid-stream.

Even if you worked only 3 months during 2013, you have reportable income. Unless the gross income is less than the amount you are required to report, get a Federal tax return completed and filed, even if paper-filed if EFiling is not convenient from your location.

If the amount of income you earned during 2013 is less than required to report (which I doubt), be prepared to offer a signed statement explaining this, with the IRS citation supporting your report.

--Ray B

Im working to get this tax issue resolved ASAP. But Im still wondering what barring it will have on my case?