# I-864 Income Requirement



## rupps (Nov 18, 2014)

Hi all!

I am reading through the instructions for form I-864 and it would seem that I am allowed to use my income from my current job in the UK. I am a US citizen and the petitioner for my Scottish husband and we are both currently living and working in Scotland. However, obviously, we're moving back to the US. 

Can anyone clarify whether I am able to use my current income in the UK to meet the income requirement on form I-864? 

Thanks so much!!


----------



## Crawford (Jan 23, 2011)

Please provide a link to the instructions you are reading


----------



## rupps (Nov 18, 2014)

http://www.uscis.gov/i-864

The instructions I was reading are a pdf at this link


----------



## twostep (Apr 3, 2008)

Please read all the instructions. The sponsor has to live in the US or show effort to move to the US. The income has to be in the US or assets or co-sponsor. Use common sense. How can you support your spouse when both of you live in the US based on income generated through a UK job you did not take with you?


----------



## Crawford (Jan 23, 2011)

This question has come up on several forums because the I-864 form asks for current income and employer details and no-where on the form does it state do or don't input current income if that income is NOT going to continue.

However, the general response to these questions is that although you DO input your current income (even if you live outside of the US) the other answers you input on the form will clarify that you are not living in the US and *therefore this income will be ignored.
* 

The instructions do make it clear that you have to reach a certain level of income within the US to qualify

Also, you will have submitted with your own form (as principal sponsor) the details of the joint sponsor whose income must be used to meet the criteria.

The joint sponsors also submit an I-864 form (think its the I-864A)


----------



## Davis1 (Feb 20, 2009)

Poverty Guidelines | USCIS


----------



## rupps (Nov 18, 2014)

Thank you for the response Crawford! I knew i wasnt crazy! I am planning on using my mother's income as she lives and works in the US. So I still need to input my current income on my own 864 and she fills out her own as well. 

Does having my mother as a joint sponsor require us to live in the same household? My husband and I are planning on living in North Carolina and my mother and father (live together) in New York. 

Sorry if it seems like a silly question..This is all just a bit confusing and I want to make sure I clearly understand everything.


----------



## BBCWatcher (Dec 28, 2012)

rupps said:


> Does having my mother as a joint sponsor require us to live in the same household?


No.


----------



## Nate_Silver (Nov 22, 2015)

Here's an explanation for why a sponsor's foreign-earned income may not be sufficient for purposes of the I-864.

The sponsor must normally show that his or her CURRENT year’s household income is and FUTURE income likely will be at least 125% of the poverty guidelines.

Income means the “total income” for purposes of Federal income tax liability. “Total income” is listed Line 22 on IRS Form 1040.

In terms of proving the CURRENT year's income, for U.S. citizens and permanent residents employed abroad, if you claim a foreign-earned income and housing exclusion on your taxable income (up to $100,800 for 2015), this will be shown as a negative amount in the income section of your IRS 1040. As a result, it’s not uncommon for expats’ tax returns to not meet the income threshold specified by the poverty guidelines.

In terms of proving FUTURE income, it's important to realize that to qualify as a sponsor an individual who is domiciled abroad must prove he or she will re-establish domicile in the U.S. not later than when the sponsored immigrant becomes a permanent resident. So there's a factual question as to whether the sponsor--who is moving back to the U.S.--will be likely to be able to maintain his or her income at the minimum level. The foreign-earned income stream may stop. In the eyes of some adjudicators, then, just showing current foreign-earned income is not sufficient to prove it's likely the sponsor will have sufficient income in the future upon relocation to the U.S.

Source: Affidavit of Support Help Center at LawAndBorder dot com.


----------



## rupps (Nov 18, 2014)

Wow, thank you so much for that detailed response! I am going to be having my mom and dad be joint sponsors. They both have individual US incomes however they file their us tax returns jointly. So that means I need them to be joint sponsors correct? Or can I still just have 1 of them be a joint sponsor?


----------

