Living outside of the USA / Affidavit of Support

[amber_eddy 1]

Hi everyone!! I'm new on here but have been following the posts for a while and you all are so extremely helpful...thank you!

I have so many questions because my situation is quite unlike others that I have seen on here...

Some background info:

I'm American but I've been living in Spain for the past 2 years. I originally came on a Fulbright Grant and now I'm here on a similar scholarship from the Spanish Education Department, teaching English (but it doesn't technically count as a "job", as it is a scholarship). I met my fiance when I arrived in 2010, and we are living together this year. We've recently started the 129-F and hope to mail everything in this week.

Since I moved to Spain straight out of college, I don't have a job in the US, nor a car or permanent residence. My scholarship ends in June however (as well as my Spanish student residency card, booo), and so I'll have to return to the US to my Mom's house for the time being while I look for a full-time job, place to live, and basically start my "American Life" while I wait for Eddy's visa to hopefully be accepted!

So my questions are the following:

- I know you have to have a US address, so I put my Mom's address on all the papers because that's where I'll return to in June. Is this ok? Also, I said that Eddy and I are currently residing together in Spain and am showing proof of that as proof of an ongoing relationship. Will this cause any confusion or problems with the 2 different addresses?

-I know I don't have to deal with this yet, but I'm worried about when it comes time to do the whole Affidavit of Support thing. Since I'm technically a student with a scholarship/internship and no real income I will need a co-sponsor, right? Does the co-sponsor have to be someone who lives with me (my Mom) or could it be a cousin or friend? My Mom is also under the poverty line so wouldn't be able to be a co-sponsor either.

Any advice or similar experiences? Thank you in advance!

-Amber

[ndu26 114]

I think it is ok to put ur mom's as your address since you say that is where you will return to...I guess you will then have to cordinate how to get important docmuents to you as arises.

The cosponsor does not have to live with you and yes could be family or friend above the poverty limit, US resident etc.

[amber_eddy 1]

Ok thanks! Do you think that the fact that we are both students/technically unemployed at the moment and my Mom being under the poverty line, will affect us in any way or make things difficult for the visa to be accepted? As long as we can find someone to be a co-sponsor?

Also, what exactly is the co-sponsor responsible for, besides filling out the paperwork?

[Rebecca Jo 1,962]

Ok thanks! Do you think that the fact that we are both students/technically unemployed at the moment and my Mom being under the poverty line, will affect us in any way or make things difficult for the visa to be accepted? As long as we can find someone to be a co-sponsor?

Also, what exactly is the co-sponsor responsible for, besides filling out the paperwork?

Your sponsor will file form I134 and produce documents proving their income. Form I134 is legally non-binding. So at this stage of the process, your sponsor is really responsible for nothing.

[sjmg 0]

Ok thanks! Do you think that the fact that we are both students/technically unemployed at the moment and my Mom being under the poverty line, will affect us in any way or make things difficult for the visa to be accepted? As long as we can find someone to be a co-sponsor?

Also, what exactly is the co-sponsor responsible for, besides filling out the paperwork?

Hi Amber, I am in almost your exact same position, American living in Cadiz came as an auxiliary -I assume that's what you're doing- well we're married now, here in Spain and trying to get him into the states. The affidavit of support is our big problem because I have job history and a personal property in the US, but because I have nothing on my 2011 tax returns nor is my main residence in the US, since I showed proof we live together, I am not eligble to sponsor him.

The legal responsibility of a sponsor is quite large actually.... they have to show proof that they could and will support your fianceé if he cannot support himself while in the states. Your sponsor will be legally tied to him for a minimum of 10 years, and that's 10 years of him working in the US for that sponsor to be removed. If at any time he files for any kind of government aid, your sponsor can be sued by the federal government to pay the money he was given in aid.

I don't know about your situation, my husband and I both have degrees and good jobs, but since we're not paying US taxes it counts for nothing and now we are faced with the dilema of having to ask someone in my family to do us this huge favor!

I know how stressful it can be, but you are doing the right thing- in my opinion- and planning ahead. Let me know if you have any questions.

[amber_eddy 1]

Hi Amber, I am in almost your exact same position, American living in Cadiz came as an auxiliary -I assume that's what you're doing- well we're married now, here in Spain and trying to get him into the states. The affidavit of support is our big problem because I have job history and a personal property in the US, but because I have nothing on my 2011 tax returns nor is my main residence in the US, since I showed proof we live together, I am not eligble to sponsor him.

The legal responsibility of a sponsor is quite large actually.... they have to show proof that they could and will support your fianceé if he cannot support himself while in the states. Your sponsor will be legally tied to him for a minimum of 10 years, and that's 10 years of him working in the US for that sponsor to be removed. If at any time he files for any kind of government aid, your sponsor can be sued by the federal government to pay the money he was given in aid.

I don't know about your situation, my husband and I both have degrees and good jobs, but since we're not paying US taxes it counts for nothing and now we are faced with the dilema of having to ask someone in my family to do us this huge favor!

I know how stressful it can be, but you are doing the right thing- in my opinion- and planning ahead. Let me know if you have any questions.

Hi ¨Sjmg¨ thanks for your reply, it´s nice to know of someone that is in a similar situation!!

1) So I have several questions... is it a bad idea to put that we are living together in Spain? I was planning on sending in a copy of our ¨empadronamiento¨ and our NIE´s with the same address, showing that we live together as proof of an ongoing relationship. I briefly included in the ¨how you met each other¨ question that I have been temporarily residing in Spain for the scholarship and that I will return to my permanent residence in June when the scholarship ends. And I put my address in USA on all papers. Is that ok do you think?

2) How did you show auxiliares or working in Spain on the tax return, if you did have to show it? All I have is the letter that says how much the scholarship pays me. As I said last year I was here with Fulbright and since it was partly American money I had to report it for taxes, so I have all of that info. But if we have a co-sponsor do we have to submit our own info?

3) After I establish myself in USA and have a full time job, would I be able to switch the co-sponsor off and have me be the sponsor?

4) Do you think it´s ¨easier¨ to marry in Spain and do the K-3 visa rather than the K-1 ?

Ahhh so many questions... thanks so much everybody for the advice and support!