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I-864 requirements for self-employed alien

Santa Cruz, CA |

Hi, my spouse who lives in the USA would like to sponsor me but she does not have sufficient income.

I *do* have sufficient foreign income that will continue regardless of whether or not I am there or here in the USA.

I have my last 10 years of tax returns available to me showing continued income from my business, as well as 5 years of real estate rental income, either of which is sufficient to show income above the required poverty * 125% levels.

If I can document that can I avoid the i-864 process altogether? If so, what documents do I need to provide?

Thanks for all your answers so far. To clarify, my income is foreign but will continue regardless of where I'm located as it is a rental property and business income.

Attorney Answers 5

Posted

I-864 income requirements are complicated. Either you consult with an experienced immigration attorney to seek guidance on how it can be filed without delaying the process or seek a co-sponsor meeting the income requirements.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

your tax returns are from the US showing 40 quarters? Best to schedule an appointment with an experienced attorney and show him/her the documents for a better advice.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

The I-864 Affidavit of Support area is complex and it is not advisable that you file the form without the assistance of a competent immigration attorney. Having said that - you will not be able to "avoid the process altogether." Food for thought - Does your spouse own an interest in the business? Do you have equity equal to 5 times the amount listed on the I-864P that could be transferred to your spouse? There may be opportunities to support the I-864 requirements. If your spouse has insufficient income to meet the I-864 requirement - any U.S. Citizen or resident could with adequate income is eligible as a co-sponsor. If a co-sponsor is used - it is important that the co-sponsor be made aware of the responsibilities & liabilities they are agreeing to.

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Posted

You cannot avoid the I-864 process. You can either file an I-864A as an immigrant who is supplementing the income of the sponsor (your wife) for meeting the income guidelines. Or you should get another joint sponsor (who is either a permanent resident or U.S. citizen) to file another I-864 affidavit of support. As my colleagues have stated, you should consult or hire an attorney for this process.

Note: the above information is general in nature and for consumer education purpose only, not intended to be legal advice to be relied on, and does not create an attorney-client relationship.

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Posted

You would only be able to use your income if it was gained through authorized employment.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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