Affidavit of Support Question

[cookiesandcream 7]

So I have been stalking this forum for awhile now, and even though it is going to be a few months before we start the visa process, I am really stressing about the Affidavit of Support.

Situation: I'm British and he's American. We both currently live in Japan. Next year I want/hope to go with him to the US, and get married there on a K1 visa. At the moment we both have well paying jobs in Japan. When we return to the USA, he will have guaranteed employment - do we just need a letter from the company (meeting the requirements on the website) confirming this? He also has $10,000 in bonds, and we will each have the equivalent of about $10,000 in savings each. In Japan, your bank account activity is monitored by a little book, I have one for my current account and one for my savings account, so it's not like I just took out a loan... can I use this as evidence?

But I am also confused since the US Japanese Embassy website states...

An applicant who is not required to submit Form I-864 (Affidavit of Support) may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

Relatives or friends in the U.S. will assure the applicant's support

The applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members

The applicant has, or will have, personal funds in the U.S. sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located

The applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members or

A combination of the above circumstances

and the USCIS website says....

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

I'm really confused :c Does this mean we only have to file an Affidavit of Support if the US Japanese Embassy requests one? Or should we file one anyway? Is it a good idea for his parents to be a joint sponsor regardless?

Also, when listing my address, should which addresses should we use? Neither of us are permanent residents of Japan, but obviously we want it to be sent to our Japanese addresses?

Thank you for any help!

[Moomin 292]

The i-134 is used at most embassies when it's time for the K1 interview but isn't needed until embassy stage. The i-864 is used later when filing for AOS after marriage.

Proof of income is employment letter, recent pay stubs and tax return(to sum it up). If your fiance isn't hired by a US employer now, then a co-sponsor is a good idea.

How long has your fiancee been living in Japan? If he's a resident there, you may want to look into DCF. Takes less time but requires for you to be married first.

[cookiesandcream 7]

The i-134 is used at most embassies when it's time for the K1 interview but isn't needed until embassy stage. The i-864 is used later when filing for AOS after marriage.

Proof of income is employment letter, recent pay stubs and tax return(to sum it up). If your fiance isn't hired by a US employer now, then a co-sponsor is a good idea.

How long has your fiancee been living in Japan? If he's a resident there, you may want to look into DCF. Takes less time but requires for you to be married first.

Thanks for your help!

He has been living in Japan for nearly 4 years now, and I have been living here for nearly 2. But I don't know if that really qualifies us for residence status, since we have work visas. Also I can't find anything about DCF on the Japanese embassy website (http://japan.usembassy.gov/e/visa/tvisa-ivpetition.html) It seems like since August 2011 all I-130 petitions must go to the USCIS offices in the US.

I still don't understand how to fill out the form for us. At the time he will have a job so should we put anything under No. 7 of the form, or should we write the details of his offered employment, or write his bonds values + savings, or write nothing and just fill out a second form for our joint sponsor? Do we need to include a cover letter or another form explaining we have a co-sponsor, or do we just file another form along with our application? Should we write a cover letter for the notarized employment offer letter?

Also, if we file for AOS in the US and he has a job, do we still need to include a co-sponsor on the new form?

EDIT: Do I need to include proof of my fiance's US citizenship at any point? I have read about people photocopying their partner's birth certificates/passport, but I can't see it as a requirement at any stage of the application process.

Edited February 23, 2012 by cookiesandcream

[Moomin 292]

Yes, so I see. They more or less recently made DCF available to less countries.

I've been reading a bit about the USC living overseas while submitting a petition on behalf of their spouse. As long as it clearly shows the USC's foreign address, the petition may get approved faster but no guarantee.

There are different requirements for the CR1 and K1 but your fiance will still have to fill out the affidavit of support with the information of income, and provide proof thereof - he can type in his information in #7 as it is at the present time. Assets can be used to make up for the the amount lacking but it's 3 times as much in assets as it would be in income. So if you're short 2000 dollars of being at the minimum income, it would require 3 x 2000 dollars in assets. Be prepared to show proof of everything you write on the affidavit. If your fiance claims to have assets, then he needs a bank statement showing those assets in his name, and that it's not just 10.000 dollars that were transferred to his account recently - that would look suspcious.

A co-sponsor(joint sponsor when it's the i-864) is needed when you can't show proof of a solid US income. You can use the same co-sponsor for the K1 interview and the AOS later but each sponsor has to fill out a new one for the AOS, and both submit proof of income and being citizens of US. You can try to gather employment letter for the job your fiance will have in the US, stating his salary but I'd still have a co- or joint sponsor lined up so you won't have to chase around looking for one later on. Usually you're asked to show paystubs too.

Your fiancee will need to show proof of being a USC when filing the petition, no matter which petition it is. Submitting either copy of his birth certificate or passport. Since you're both in Japan, I'd recommend copying all pages of his passport and using that as proof of being a USC and proof of having met within the last two years of filing the petition(passport stamps are primary evidence - two birds with one stone). Your passport stamps in your British passport will show you were in Japan the same time as your fiance so submitting copies of that won't hurt you since you met in Japan.

However, I hope more VJ members will take the time to reply - this is not my favorite category : ) And they'll be able to give you more details. So here's a bump to your post.