Affidavit of support co-sponsor question

[Ineke 0]

Hi everyone,

first of all, to all Fiancées reading this, congratulations on the engagement and lots of good luck and courage with this Visa.

I myself am a Belgian Fiancée waiting to get to her US fiancé, and we are currently getting ready for the medical exam and interview. Everything seems to be going just fine, I have but one backstabber: the Affidavit of support. Since I have been unemployed since february, I will definatly need my fiancé to submit the I-134. BUT he has only been self-employed in the US himself from january '09 and cannot submit his copy of last income tax return or report of commercial rating concern. I have read on this forum that this could definatly delay our Visa issuance, so my other option was to have his dad (my future father in law) to fill in the I-134 as a co-sponsor. Just in case. Now, his dad is an American citizen residing and working in Belgium, with more then sufficient income to be a sponsor. Could it be a problem that his income is foreign sourced and cannot be legally touched by American government, seeing that if I ever become a public charge, they want to be able to sue him to recover the cost of the assistance?

Help with is would be very appreciated, thanks!

Ineke

[JimVaPhuong 4,863]

Hi everyone,

first of all, to all Fiancées reading this, congratulations on the engagement and lots of good luck and courage with this Visa.

I myself am a Belgian Fiancée waiting to get to her US fiancé, and we are currently getting ready for the medical exam and interview. Everything seems to be going just fine, I have but one backstabber: the Affidavit of support. Since I have been unemployed since february, I will definatly need my fiancé to submit the I-134. BUT he has only been self-employed in the US himself from january '09 and cannot submit his copy of last income tax return or report of commercial rating concern. I have read on this forum that this could definatly delay our Visa issuance, so my other option was to have his dad (my future father in law) to fill in the I-134 as a co-sponsor. Just in case. Now, his dad is an American citizen residing and working in Belgium, with more then sufficient income to be a sponsor. Could it be a problem that his income is foreign sourced and cannot be legally touched by American government, seeing that if I ever become a public charge, they want to be able to sue him to recover the cost of the assistance?

Help with is would be very appreciated, thanks!

Ineke

The consulate can establish pretty much any rules they want for the I-134, so take any advice you get with a grain of salt. It will ultimately be a judgment call by the CO. However, since consulates often seem to apply the same, or similar rules as the I-864, that's usually a good place to start for guidance.

First, your income is usually irrelevant, unless your income will continue from the same source after you immigrate to the US. Your fiance will need to submit an I-134 with supporting evidence regardless of whether or not you get a co-sponsor. Not having a tax return for last year is usually not a problem, providing he was not required to file a return (e.g., his income was not sufficient to require that he file a return), and that he submits a letter explaining why he wasn't required to file a return. He can qualify on his current income, providing it is sufficient for the size of his household (usually 125% of the poverty level), and the CO believes there's a reasonable expectation his income will continue (i.e., it's not a temporary or contract job). He can use recent paystubs and a letter from his employer as evidence. If his annualized income is not enough to qualify then he'll probably need a co-sponsor.

The I-864 rules require that a sponsor or co-sponsor be domiciled in the US at the time the immigrant enters. They meet this requirement if they are living in the US. They also meet this requirement if they are living abroad, but their absence from the US is temporary and they have maintained a domicile in the US during their absence. They can also meet this requirement if they've abandoned their domicile in the US, but have taken concrete steps to re-establish domicile before the immigrant goes to the US (e.g., they have rented an apartment in the US). In the latter case, they usually must have returned to the US prior to the immigrant's entry, or they must enter at the same time as the immigrant. If they are still living abroad when the immigrant enters the US then they don't qualify. Bear in mind that these are the I-864 rules, and the consulate doesn't have to abide by them. They could disqualify his father simply because he is living and working abroad. It's entirely up to them.

[Ineke 0]

Hi everyone,

first of all, to all Fiancées reading this, congratulations on the engagement and lots of good luck and courage with this Visa.

I myself am a Belgian Fiancée waiting to get to her US fiancé, and we are currently getting ready for the medical exam and interview. Everything seems to be going just fine, I have but one backstabber: the Affidavit of support. Since I have been unemployed since february, I will definatly need my fiancé to submit the I-134. BUT he has only been self-employed in the US himself from january '09 and cannot submit his copy of last income tax return or report of commercial rating concern. I have read on this forum that this could definatly delay our Visa issuance, so my other option was to have his dad (my future father in law) to fill in the I-134 as a co-sponsor. Just in case. Now, his dad is an American citizen residing and working in Belgium, with more then sufficient income to be a sponsor. Could it be a problem that his income is foreign sourced and cannot be legally touched by American government, seeing that if I ever become a public charge, they want to be able to sue him to recover the cost of the assistance?

Help with is would be very appreciated, thanks!

Ineke

The consulate can establish pretty much any rules they want for the I-134, so take any advice you get with a grain of salt. It will ultimately be a judgment call by the CO. However, since consulates often seem to apply the same, or similar rules as the I-864, that's usually a good place to start for guidance.

First, your income is usually irrelevant, unless your income will continue from the same source after you immigrate to the US. Your fiance will need to submit an I-134 with supporting evidence regardless of whether or not you get a co-sponsor. Not having a tax return for last year is usually not a problem, providing he was not required to file a return (e.g., his income was not sufficient to require that he file a return), and that he submits a letter explaining why he wasn't required to file a return. He can qualify on his current income, providing it is sufficient for the size of his household (usually 125% of the poverty level), and the CO believes there's a reasonable expectation his income will continue (i.e., it's not a temporary or contract job). He can use recent paystubs and a letter from his employer as evidence. If his annualized income is not enough to qualify then he'll probably need a co-sponsor.

The I-864 rules require that a sponsor or co-sponsor be domiciled in the US at the time the immigrant enters. They meet this requirement if they are living in the US. They also meet this requirement if they are living abroad, but their absence from the US is temporary and they have maintained a domicile in the US during their absence. They can also meet this requirement if they've abandoned their domicile in the US, but have taken concrete steps to re-establish domicile before the immigrant goes to the US (e.g., they have rented an apartment in the US). In the latter case, they usually must have returned to the US prior to the immigrant's entry, or they must enter at the same time as the immigrant. If they are still living abroad when the immigrant enters the US then they don't qualify. Bear in mind that these are the I-864 rules, and the consulate doesn't have to abide by them. They could disqualify his father simply because he is living and working abroad. It's entirely up to them.

Thank you for your answer. It relaxes me to read this, because my fiance's income is sufficient, and only his tax return is the problem here. Following your advice on the I-864 co-sponsor, I will probably see to it that my fiance gathers as much evidence of his income as possible (he is self-employed). I was thinking:

- bankstatement with date the account opened

- total amount deposited the past year

- present balance

- value of what is in his possesion now (through his company)

- form I-134

According to the instructions on I-134, if self-employed, he should submit a copy of last income tax return filed or a report of commercial rating concern. This last will not be present, let's just hope what we will submit will be sufficient.

So if his annual income is nothing to worry about, I might get through without this?

I will let you know how it went. People with other advise/ experience, certainly welcome to share!

Thanks a lot!