Hi eveybody,


So, here's the situation...
We are going to be married in usa and then fill at the paris embassy

But i need some advices about this affadavit of support...
I'm the french citizen, she's the usc. We both reside abroad...

Last year she was a student, so she's just beginning to work with an amount of money witch is higher than the poverty guidelines ...
They ask for the 3 most recent tax years...how is she going to do...knowing that she's only beginning to work?...

My other question, is if we need another sponsor...for example her father who is married...
I know that the poverty guidelines are 16500$...so he has to earn more than 16500$ per year? That's really all?...


...My sweetie is living on her own appartement, so she'not in charge anymore with her parents...

Tha nks for all!!!!

R2NALD,

Do I understand correctly that your wife's employment is outside the USA? (You say that you both reside abroad - outside the USA.)

Will her employment with this employer continue when she returns to the USA, or will she have to resign and find new employment? And has she retained domicile in the USA or will she have to re-establish that? The former is not necessary if her father is going to be Joint Sponsor, but the latter is necessary.

To be Joint Sponsor her father's household will have to have sufficient income to support the entire household plus you. If the father is married (and is living with his wife) then $16,500 is not sufficient.

Yodrak

Hi yodrak, she's working in Usa, she's usc, i'm french....
So if the father is married, how much do we need?

R2NALD,

So then you do not "both reside abroad"... OK, that removes one potential issue.

How much your wife needs, to avoid having to get a Joint Sponsor, is $16,500.

How much her father needs if he is to be a Joint Sponsor I can't tell you as you haven't provided the necessary information. Have a look at an I-864, fill in the questions for Section 5 as your father-in-law would, and then look up the Household Size you calculate in form I-864P.

Yodrak

Once again I recommend that you read the I-864 and all of its instructions. The new rule is one year of tax returns, not three.
You also give conflicting information--sometimes you say your girlfriend is in the US, then you say 'we both reside abroad'.

If your (then) wife earn enough money for her household (just the two of you?) currently, that is the requirement. You said before that YOU have some money; you may add your cash in as 'assets'.

You said before that her father would be the Joint Sponsor. In that case, this task is very simple and you are making it very difficult.

Sorry if i made mistakes in my explanations, but english is not my native langage
"Both resides abroad" doesn't mean the same if translated in french, so I made a mistake.

So, i'm gonna explain it more simply


I live in france, i work here. She lives in Usa, she works there.

She earns like 30 000 $ a year wich is enough to sponsor me. But the problem, is that she began to work few
weeks ago. Last year she was a student. So, if it's one year of paying taxes, it has to be the last one. And she was a student...is it a problem, or is it what she currently earns which is important? -headache -
That's her first "real" job. Other thing, we don't have kids-for now -

The question is: do we need a sponsor in that case?
For my assets, i think it's better to forget this for now...

I'm really sorry, but my english is not good as yours, i use a dictionnary, and i think that i need to be supported for a while, so let's make it step by step . Soon i hope i'll be able to help other vj'ers!!!

I'm gonna read again, the informations about the affadavit, but it seems difficult for me to understand that.
Can you give me the link, because i think there's two affadavit, a new one and old one....And where did you see that new rule of one year paying taxes?

I really thank you Meauxana and Yodrak, for your patience...

Hello R2nald

I think I understand your question.

The income requirement and the requirement for the tax return are very related, but not the same thing. The 125% poverty level minimum is for current income, AND also the tax return(s) are to be provided.

They want to know that your fiance can support you NOW. Hence the income requirement. You do not need to have three past years of tax returns at the minimum income requirements.

In fact, the requirement is now only one year of tax returns (to my knowledge.)

I hope this helps!

Thanks a lot for your reply, candace, that means, that she just have to earn more than the minimum poverty income...she has it!!!

But why do they ask the last tax returns, if she is just beginning to work -few weeks ago- and if she was a student before?
It's weird!!!

R2NALD,

They ask because they are not mind readers, and don't know a person's financial situation until the person presents their information. Most people are going to have a previous year's tax return, even if they were students last year and have just started a first full-time job this year.

Yodrak

So, if understand well, she has only to provide the last year tax return, 2005 -when she wasn't working, with no income- and a letter from her employee...stating that she's earning more that 16500$ per year?

Do you think it's enough?...And what about the bank statements?...Does she needs to provide information about that?....She has debt -not a lot but debts-, so what kind of document from the bank would be helpful?

Thanks!!!

R2NALD,

If she did not work last year and had no income, or even if she did work but her total income was less than the minimum required for filing a tax return, then she does not have to submit a tax return with her affidavit of support. Instead, she has to submit a statement explaining why she was not required to submit a tax return.

If her present income is marginal, and since she's new at a first job (i.e. no history of sustained employment) then her income situation is weak and she would be best advised to supplement it to the extent possible with whatever assets she has.

If you've done your basic reading of the I-864 affidavit of support and it's instructions then you realize that debt information is not requested other than to establish the net value of assets. So why are you mentioning debts?

Yodrak

I'm talking about debts, because, she has to provide, bank statement with her affadavit??? It's what i understood.
The other point: she began to work in september -few weeks ago- and it's a good job with enough income, it's really stable. And she will earns more than 16500 dollars per year.

We are going to go through dcf at the american ambassy in france in next january...

So, knowing all these stuffs, do you think we need another sponsor?...Or, does her situation is enough to the reach the requirements?....

here is what we have-just financially for now-

-her job, witch is like 35 000 dollars per year/ letter from her employee.
-and maybe, the last year tax or a statement explaining why she was not required to submit a tax return.
-no assets at the end we had problems with that, so we have to forget it-(.

I don't think it's enough

So do you think we need another sponsor?
Thanks for your support

R2NALD,

I do not see the connection between debts and bank statements that you apparently see. You may be thinking of a different kind of bank statement than is called in the context of the affidavit of support.

I can't predict how the consular officer who processes your visa application will decide after reviewing the financial material that you and your wife provide.

Yodrak

So, what is tha bank statement called in the context of affadavit?

R2NALD,

I should have written 'called for', I appologize for the omission.

Statements showing information about deposit accounts - checking or savings accounts. Not loan accounts.

Yodrak

R,
A US bank account statement show the 1) balance in the account 2) activity in the account that month.

Debts are recoreded individually with each creditor.

Some of your problem in understanding is coming from not being familiar with the US financial terms. I really recommend that even if you will be the primary person completing the forms to remember that the I-864 is completed by the USC, and that you will understand the terms better if you discuss this with your USC fiancee.

Meuxana, i you...yes, you understood all!!! i'm not familiar with the way that the us bank are working!!!
But I'm so gald, because, now i understand more the things....
Yodrak, i you too!!
Sorry, France is the country of love so-).......

Thanks, you're awesome-)

Read the I-864 form very carefully to see what is required and what is not.
On the typical bank statement (we will use a checking account as an example), the statement will show each deposit of money IN, and each withdrawal or check that takes money OUT. The Consular Officer can use that to see that she has been making deposits over a period of time; this will help to confirm her job (because she deposits her pay into her checking bank account).

Debts are not mentioned in the I-864--it's true! I could be earning $5000 per month and have lots of debt, but all they will look at is my income: I earn $5000 per month. It's strange, but they don't care how you spend it after you earn it!



Today is September 14, so "a few" weeks ago would be in August. Regardless, you are saying that she recently started her new job. By January (brrr in Paris!) she will have been working in her job for about 4 months. She will present a letter from her employer in the I-864 that says that she has worked at XYZ Company since September 2 (whatever) and is not on probation or a temporary employee. That is the best anyone can do.



Her situation meets the current income requirement. She can include information about her college degree if it contributes to her current career, but that is not required.
It seems like having a Joint Sponsor would make YOU more comfortable. I'll tell you what I did, which I copied from other people. Your (then) wife can take her I-864 to the interview and present it to the CO. IF, after reviewing it and speaking to your wife, the officer does not want to accpet it (I do not think that will happen, but that is my opinion only), he would say something indicating that her income history is too short or whatever (these excuses are not supposed to apply, but they always can). AT THAT TIME, your wife can pull an envelope out of her bag and present a Joint Sponsor I-864. You have indicated before that her father does not have a problem with this.
With this method, you only use a Joint Sponosor IF required. If you do not use Dad's I-864, you simply return it to him when you get to the US.]

None of us can give you an answer in black and white about what will happen. The process is too individual. However, in order to not have a delay, take the most conservative approach.



Why do you not think this is enough? Maybe it's time to get to that instead of more threads.

PS: there is no "maybe" about the last year's tax return. She must either give the tax return, or an explanation of why she does not have one.

What happened to your assets? Or it wasn't really your money, but a loan? If you have assets, you can put them on her I-864.

Also: in the US, our tax year follows the calender: January to December. At the end of each year, the employer gives the worker a statement (called a W-2) that shows how much salary the worker was paid, and how much was held back for taxes. The worker uses the W-2 to file an income tax return (called a 1040). Employers MUST give the W-2 in January, so your wife will have a record of her earnings that will be helpful. She *can* file her income tax return in January, so she will actually have her most recent year's tax return.

There will be a lot of weird little things like this to learn over the next years. My husband and I are buying a house now, and it is very interesting to learn how that is different in the UK than it is in the US. I can't tell yet which way is easier, but I think both are easier than buying a house in France!

This is part of the Guide for New Immigrants that uscis puts out: http://www.uscis.gov/graphics/citizenship/settled.htm

It is written in very simple English to explain some of these differences. Even though some of it will seem overly simple too you (I'm sure you already use credit cards, for example), there is some very good information here to help explain how things might be different. It will give you a good laugh, at the very least!

I don't know how to thank you ...
I can now understand, the process, of this thing ...
I'm going to keep on reading, and soon, i hope, i'll be able to help the others...

For now, i have to practice and read more and more...
Merci Meauxna, bises de Paris.

Ooooh, my first French boyfriend!
Don't tell my husband.. it's a long French tradition, right? Good luck, R!