Asked in Immigration Law for New Jersey

Q: Using foreign earned income to meet the requirements of Affidavit of Support (Form I-864)

1. Can I use my current foreign earned income to meet the requirements of the Affidavit of Support (Form I-864) for sponsoring my wife if this income is not expected to continue after entering US?

2. I also note that my adjusted gross income (AGI) reported on my tax returns for the past 3 years is less than 125% of the Federal Poverty Guidelines due to the "foreign income exclusion".

If the answer to the 1st question is "No", then can I "exclusively" use savings in my US bank accounts, which are more than 5 times of 125% of the Federal Poverty Guidelines to meet the requirements of the Affidavit of Support?

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will expand again starting on November 19, 2018. The U.S. Immigration and Citizenship Services (USCIS) recently announced that its officials will have more leeway to issue so-called Notices to Appear (NTA) if an immigration benefit request has been denied. USCIS started to implement a new protocol on October. 1, 2018 that expanded the number of reasons for issuing NTAs — a document issued to non-citizens instructing them to appear in immigration court. The NTAs traditionally mark the beginning of a deportation procedure. But now if their application, petition or benefit request gets turned down, their presence in the United States becomes immediately unlawful. So now more than ever you need an experienced immigration attorney for any immigration benefit that you seek or you could be deported. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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