Affidavit of Support concerns, please help!

[emmieme 0]

Hi everyone,

Our approved K-1 application is on its way to the U.S embassy in London! Yippy! It was approved faster then we thought!

My fiance and I are trying to prepare for the interview, my main concern being the Affidavit of Support. I am the petitioner from the U.S. We have been living together in Spain for over 2 years. I only have a tax return from 2006. I have not worked in the U.S for 3 years or worked legally in the EU. I am currently looking for a job in the U.S, but I am not moving back until December, so I am almost positive I won't have a job in time for my fiance's interview.

Here are my questions:

My mother and sister are going to be co-sponsors, which together, they exceed the poverty level amount. Would their income be sufficient to prove financial support for my fiance, even if I don't have a job?

Does our co-sponsor have to be in the same state in which my fiance and I will reside?

If I have letter from an employer that says I just got a job close to my fiance's interview, would that satisfy the authorities? Or do I need proof over time that I have worked there (i.e pay stubs)?

Should I fill out an affidavit of support if I don't have a job if I have money in my savings account?

Any other ideas/suggestion on what I can do?

I would really appreciate any help, Thanks!!!!

Best, Emilyx

[Penguin_ie 5,986]

If you were under the income guidelines for having to file taxes in the USA, you will need to provide a letter explaining that this is so. My husband was unemployed while living with me in Ireland, and that is what he did, it caused no problems.

Yes, as long as your mom and sister exceed the poverty level amount for their households (their husbands, kids and any other dependants) plus your fiancee, you will be ok. That being said, some embassies do not like multiple co-sponsors, maybe someone with experience from Spain will chime in on this. You will still be the primary sponsor, even without income, and will need to fill in a I-864; you can list your assets there, though technically you do not need to if you have a co-sponsor. They do not need to live int he same state, as long as they are legal US residents all is fine.

Paystubs tend to be prefered; if you do find a job, you can leave Spain as soon as the I-130 is filed and start working, so you'll have a couple of paystubs to send her for the interview. Usually, embassies will not accept offer letters as proof of jobs, unless it is a transfer within a company. Again, embassies have a lot of leeway to do their own thing with DCF and I do remember reading a recent case on here from London where the offer letter was accepted, but having a co-sponsor lined up would be better.

[Otto 83]

Hi everyone,

Our approved K-1 application is on its way to the U.S embassy in London! Yippy! It was approved faster then we thought!

My fiance and I are trying to prepare for the interview, my main concern being the Affidavit of Support. I am the petitioner from the U.S. We have been living together in Spain for over 2 years. I only have a tax return from 2006. I have not worked in the U.S for 3 years or worked legally in the EU. I am currently looking for a job in the U.S, but I am not moving back until December, so I am almost positive I won't have a job in time for my fiance's interview.

Working abroad doesn't necessarily excuse a USC from filing taxes - you may want to file amended returns at some point.

Here are my questions:

My mother and sister are going to be co-sponsors, which together, they exceed the poverty level amount. Would their income be sufficient to prove financial support for my fiancé, even if I don't have a job?

Presumably it would - I take it they will be including your fiancé when they calculate their household size?

Does our co-sponsor have to be in the same state in which my fiance and I will reside?

No

If I have letter from an employer that says I just got a job close to my fiance's interview, would that satisfy the authorities? Or do I need proof over time that I have worked there (i.e pay stubs)?

A letter of intent does nothing to prove income.

Should I fill out an affidavit of support if I don't have a job if I have money in my savings account?

You have to - no choice in the matter - you are the primary sponsor.

[pushbrk 12,155]

My mother and sister are going to be co-sponsors, which together, they exceed the poverty level amount. Would their income be sufficient to prove financial support for my fiance, even if I don't have a job?

Best, Emilyx

The answer to your question is "no". An individual must qualify on their own. Joint sponsors for a K visa cannot combine income. Even for an immigrant visa or your later adjustment of status process they must be a part of the same household to combine income. You need one person who qualifies based on their own household size plus the intending immigrant.

[amykathleen2005 441]

If you were under the income guidelines for having to file taxes in the USA, you will need to provide a letter explaining that this is so. My husband was unemployed while living with me in Ireland, and that is what he did, it caused no problems.

Yes, as long as your mom and sister exceed the poverty level amount for their households (their husbands, kids and any other dependants) plus your fiancee, you will be ok. That being said, some embassies do not like multiple co-sponsors, maybe someone with experience from Spain will chime in on this. You will still be the primary sponsor, even without income, and will need to fill in a I-864; you can list your assets there, though technically you do not need to if you have a co-sponsor. They do not need to live int he same state, as long as they are legal US residents all is fine.

Paystubs tend to be prefered; if you do find a job, you can leave Spain as soon as the I-130 is filed and start working, so you'll have a couple of paystubs to send her for the interview. Usually, embassies will not accept offer letters as proof of jobs, unless it is a transfer within a company. Again, embassies have a lot of leeway to do their own thing with DCF and I do remember reading a recent case on here from London where the offer letter was accepted, but having a co-sponsor lined up would be better.

The mother and sister together cannot combine income. It has to be one or the other.

The OP's fiance is not from Spain, they just lived there I belive.

The OP needs to fill out the I-134 form at the consulate stage, not the I-864. They filed a K-1, not a K-3.....

[Gary and Alla 3,694]

Hi everyone,

Our approved K-1 application is on its way to the U.S embassy in London! Yippy! It was approved faster then we thought!

My fiance and I are trying to prepare for the interview, my main concern being the Affidavit of Support. I am the petitioner from the U.S. We have been living together in Spain for over 2 years. I only have a tax return from 2006. I have not worked in the U.S for 3 years or worked legally in the EU. I am currently looking for a job in the U.S, but I am not moving back until December, so I am almost positive I won't have a job in time for my fiance's interview.

Here are my questions:

My mother and sister are going to be co-sponsors, which together, they exceed the poverty level amount. Would their income be sufficient to prove financial support for my fiance, even if I don't have a job?

Does our co-sponsor have to be in the same state in which my fiance and I will reside?

If I have letter from an employer that says I just got a job close to my fiance's interview, would that satisfy the authorities? Or do I need proof over time that I have worked there (i.e pay stubs)?

Should I fill out an affidavit of support if I don't have a job if I have money in my savings account?

Any other ideas/suggestion on what I can do?

I would really appreciate any help, Thanks!!!!

Best, Emilyx

Your mother and sisters incomes cannot be combined for the I-134. ONE of them needs to make enough to qualify.