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Penguin_ie

Affidavit of support based on assests

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Filed: Citizen (apr) Country: Ireland
Timeline

We are going to file IR1 for me (Swiss/ Irish citizen) via DCF next year. My USC husband has been living here in Ireland and we'll have been married for 3 years by the time we file, but he has not worked here for that time, so no income tax returns. To satisfy the financial/ affidavit of support requirements of my visa, and to show our serious intent of moving to the USA/ re-gain domicile there, we will be purchasing a property (which will also be our US address). My question is, does the property have to be in his name only (as he needs to fill in the affidavit), or can it be in joint names?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

My wife is a Chinese citizen, and I am US citizen.

We purchased property in USA.

The property could be in either my name, or in both names, and I requested it in both names, no problem.

I had to get her power of attorney to sign her name on the documents since she could not yet come to america (no visa).

The loan for the property, the bank REQUIRED both our names be on it. They want to be able to go after us both I guess if we don't pay.

As for the tax returns, american law requires you file a return, even if it is to say you have no income.

I suggest he file all the returns for these past years, and then files for this coming year as well.

That will get you the tax returns you need to provide. Obviously you will have to come up with some assets or income to meet the I-864 form, but I presume you have that if you can buy property.

Hope that helps. I know it is not your exat situation, but I think it is close.

Edited by Credzba

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Filed: Other Country: China
Timeline
As for the tax returns, american law requires you file a return, even if it is to say you have no income.

I suggest he file all the returns for these past years, and then files for this coming year as well.

That will get you the tax returns you need to provide. Obviously you will have to come up with some assets or income to meet the I-864 form, but I presume you have that if you can buy property.

I think you mean "even if there would be no tax liability".

US law does not require a tax return when there is no income. There is a minimum income threshold for filing whether living in the US or abroad. If there are no tax returns because there is no income, then a letter citing the minimum and claiming any income from zero to that minimum can be substituted for a tax return.

Of course the sponsorship requirements still need to be met.


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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

From the I-864, Part 7, page 8:

Part 7. Use of Assets to Supplement Income.

If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant's assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement.

So no problem at all.

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Filed: AOS (apr) Country: Chile
Timeline
As for the tax returns, american law requires you file a return, even if it is to say you have no income.

This is incorrect. There are income thresholds to satisfy that require filing of returns. If you are under those thresholds, no return is required. For 2007, the IRS income limits are:

Single: 65 or under: $8,750

Single: 65 or older: $10,050

Married filing jointly: (under 65 both spouses) $17,500

Married filing jointly: 65 or older (one spouse) 18,550

Married filing jointly: 65 or older (both spouses) 19,600

Married filing separately: $3,400

Head of household under 65 $11,250

Head of Household: 65 or older 12,550

If you did not file a return, the instructions say you can attach a letter explaining the reason for non filing.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: India
Timeline

hi,

You can buy in Joint name, that will be good. And you can show it as in I-864. You can file the tax returns with the IRS and when you obtain the tax transcript from them it will show 0. With it you can attach a letter stating your hubbys residence was in Ireland for the pass 3 years. I hope this helps...... and if you this it would be still insufficient.. there can be chance of finding a co-sponsor... may ur hubbys parents or relatives.

Jigi


Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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Filed: Citizen (apr) Country: Ireland
Timeline

Thanks for the info guys. I wouldn't have minded the house being in my husband's name only, but I think for our credit it would be better to have it in both names. We know the house will be asset enough to qualify for the affidavit of support (and we have the flat here in Dublin too, though not sure that counts), so we'll be grand.

Colorado Springs here we come! :)


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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