Key Considerations for EB-5 Investors Providing Affidavit of Support While Residing Abroad

If the applicant has not recently resided in the U.S. and is temporarily working abroad, they may need to submit a letter of application to explain their situation. ThisThe letter of application needs to show that the applicant's stay outside the U.S. is temporary and that he or she will eventually return to the U.S. and that the U.S. is his or her place of permanent residence.. Examples of proof include: voting records for elections in the U.S., tax records.

What if the green card applicant is not in the United States?

This type of situation is particularly common among applicants who obtain U.S. green cards through the EB-5 immigrant investor program, as most of them work and pay taxes primarily in China. Despite the fact that the U.S. has a global tax policy and they have a record of filing tax returns in the U.S., they are not officially working in the U.S. In this case, if this EB-5 green card holder wants to sponsor a green card for his or her spouse (beneficiary), the situation may be complicated by the fact that they do not have a stable source of income locally in the United States.

Generally, the U.S. government requires the green card applicant to sponsor the beneficiary in order to prevent the beneficiary from becoming a public burden on the U.S. for U.S. welfare and underinsurance. For more information, please refer to the article in the previous issueHow to Ensure Financial Sponsorship for Your Marriage Green Card Application?

For such cases, applicants need to provide appropriate documentation to prove that theySufficient financial means to support spouse despite not residing in the U.S.. This may include providingProof of local employment, income, and assets in the U.S.The

It is important to note that even if the applicant has a job and income abroad, they will need to meet the USCIS income requirements for sponsors, i.e., the applicant's income in the U.S. needs to be at least at the Federal Poverty Level (FPL) of 1251 TP3 T. If they do not meet the requirements, they will need to find a cosponsor to sponsor them.

In the past, we have successfully dealt with a related case, here attached the detailed background and situation description, hoping to give a reference to the similar situation of the partners, encountered difficulties in the partners can also contact us to obtain support and help~

One,Applicant's background

Mr. Chen passedEB-5 Immigrant Investor Programsucceeded in obtaining a U.S. green card, but due to his longtime business activities in China, hisTax records do not meet USCIS requirements for financial sponsorsMr. Chen has been married for many years to his wife, Ms. Wang. Mr. Chen and his wife, Ms. Wang, have been married for many years and have a daughter. As his daughter was about to start her college life in the United States, Mr. Chen decided to file an immigration petition for Ms. Wang.

Two,Case details

Initially, Ms. Wang attempted to apply for a green card for herself through a DIY approach.In August 2017, when Ms. Wang submitted her DS260 formRequested for additional documents. Since Mr. Chen has been in China for a long time, the amount of U.S. tax returns is very small.Failure to meet the criteria for financial sponsorship, and Mr. Chen does not have a job and a stable source of income in the United States.The

In the face of this predicament, Mr. Chen immediately contacted Yinsen & Partners on the recommendation of a friend, and received timely and professional legal help.

III. Solutions

After understanding Mr. Chen's situation in detail, the lawyers of Yinsen Law Firm worked out a solution for him-Use Mr. Chen's investments and assets in the U.S. to prove his financial capacitymaybeSeeking a joint guarantorGuarantee. Since Mr. Chen does not have any suitable relatives or friends in the U.S. to act as co-sponsors, we suggested that Mr. Chen take the first option, and the following is the detailed process of our application for Mr. Chen:

1. Let Mr. Chen remit a sum of money to the U.S. account in a timely manner and ensure that the deposit meets the deposit requirement after dividing the deposit by 5 toProve that he has sufficient assets in the United States.

2. Submitted proof of Mr. Chen's property in the United States, including property certificates and appraisal reports.Prove that he has sufficient assets.

Note to self:When using a property as an asset, the net value of the property must be deducted from the loan on the property in order for it to be used as a secured asset, and it is usually necessary to divide this net value by five in order to calculate the annual income contribution.

3. Assisted Mr. Chen in filing Form 864 and prepared a letter from his attorney explaining in detail Mr. Chen's financial situation, including his investments, assets and sources of income, and hisWhy you can meet the financial guarantee requirement.

IV. Case outcomes

In January 2018, we submitted a supplemental I-864 economic sponsorship narrative and supporting information for Mr. Chen. After a period of review, USCIS accepted Mr. Chen's proof of economic sponsorship. Soon after, Ms. Wang successfully passed the interview to get her green card to successfully enter the United States.

Before finding us, Ms. Wang was very worried that her inability to immigrate to the United States would affect her daughter's education and family plans. However, with our help, Mr. Chen's problem was satisfactorily resolved.