864 Question

[avpvr]

Hi,

My wife and I have filed an I130 in the US Consulate embassy in Delhi. We now need to fill in the I864.

My wife is a US Citizen and is presently employed in Delhi earning an Indian income.

Our combined income in India ( converted to USD) meets the income guidelines. AS per from 864P.

I want to know if this income earned in India can be used to meet the income requirements. Please note that either of US do not have an US incomes at this moment.

The only assets in the US that we have is our Bank Accounts. ( but are not equal to 5 times the minimum income requirement)

What im confused about is the clause that states that the income should continue from the same source .. does that make our income earned in India unusable ?

Any help on this will be appreciated!

Thanks
Anupam

[visjig]

Hi,

My wife and I have filed an I130 in the US Consulate embassy in Delhi. We now need to fill in the I864.

My wife is a US Citizen and is presently employed in Delhi earning an Indian income.

Our combined income in India ( converted to USD) meets the income guidelines. AS per from 864P.

I want to know if this income earned in India can be used to meet the income requirements. Please note that either of US do not have an US incomes at this moment.

The only assets in the US that we have is our Bank Accounts. ( but are not equal to 5 times the minimum income requirement)

What im confused about is the clause that states that the income should continue from the same source .. does that make our income earned in India unusable ?

Any help on this will be appreciated!

Thanks
Anupam

Hi Anupam,

Let me be the first one to answer you.

Filing I-130 means you are applying to get a Permanent Residence in the US. This means that after you get your Green card you are expected to start a life in the US.

Now the clause you are talking about specifically wants US income or it asks if you can continue on the same income after migrating to the US. So you need to ask the following question to yourself and your spouse - after you gain your Green card and settle in US would you be on the same income with your employer in India. If your answer is yes then you and your wife are good. If not then you need assets and/or hard cash which satisfies the requirement of being 5x as per the I-864 instructions.

I hope this answers your question.

Good luck.

[avpvr]

Hi Anupam,

Let me be the first one to answer you.

Filing I-130 means you are applying to get a Permanent Residence in the US. This means that after you get your Green card you are expected to start a life in the US.

Now the clause you are talking about specifically wants US income or it asks if you can continue on the same income after migrating to the US. So you need to ask the following question to yourself and your spouse - after you gain your Green card and settle in US would you be on the same income with your employer in India. If your answer is yes then you and your wife are good. If not then you need assets and/or hard cash which satisfies the requirement of being 5x as per the I-864 instructions.

I hope this answers your question.

Good luck.

Thanks for your reply.. I guess that is where im confused. Is it ok to say that my Income will continue from the same source when they expect me to move to the US.

We want to be in India till the end of of 2011 and then move to the US. Is it ok to state that we will be moving to the US sometime end of next year even if they approve my case. Is that negative points against my case ?

I was in the US for the last year and a half on an L1 visa with the same company im with now. (my visa is still active.)

Thanks
AV