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Questions and Answers > EB-5 Investments

How flexible is USCIS on the income requirements for I-864?

I have questions about the income requirements for I-864. I do not meet the income requirements based on my total income reported on the IRS form 1040, because it was foreign-earned income. I only meet the requirement with foreign income for 2017 and will again in 2020, but not if I must report the “total income” from the 1040, as it all earned as foreign income. I do have pay stubs available for the year till now, but a large part of it will not be paid until January. If I report assets, I meet the requirement if I can use the “current income” as either my projected 2020 income or what I have earned so far this year.

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you are an EB-5 investor, you do not need an I-864.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The I-864 is interpreted fairly literally. If your income does not qualify, use your assets or get a joint sponsor.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can report current income but unless you can substate it with valid evidence, you will have a problem. They appear to be particularly difficult with this issue.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    EB-5 beneficiaries are not required to file the I-864 in most cases. What kind of case are you talking about?

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    Stephen Berman

    Immigration Attorney
    Answered on

    They are not flexible. If you do not meet the requirements, USCIS will deny the application.