Affidavit of support .. confused

[palomino 3]

Hi everyone,

We have not even started the process yet but just trying to get an understanding of everything before we start filling out forms. Am currently searching through VJ forums which is proving extremely helpful. Our situation is we are living in Ireland. My husband is USC so he will have to file I 130 for myself and my daughter (his stepdaughter). Our other daughter will have US passport soon as we reported her birth here so thats on the way. How does the affidavit of support work as we are both living here and were hoping to move over together. We were hoping to have our visas first and then move but does this mean that he will have to go over first if he has to prove that he can support us? And do we have to have an address over in the States on our visa application after the I130 is approved?

Any info would be great

[Cathi 5,771]

Your husband must be domiciled(living) in the US , and have proof of this by the date you intend to immigrate. He must have means to support you and your family according to the current poverty guidelines, if he can't he must obtain a joint sponsor. Here are the instructions for the i 864 affidavit of support. http://www.uscis.gov.../i-864instr.pdf. Also follow and study the guides at the top of this page. Good luck!!!

Edited October 11, 2012 by mimolicious

[palomino 3]

Thanks for the reply, I didn't realise he would have to go over first. But then we might not be able to join him for maybe eight months. Seems a long time. Would it make sense to go over together and apply over there or would we be illegal then?

Edit: I meant to say would myself and my daughter be illegal? (obviously I know my husband wouldn't be!)

Your husband must be domiciled(living) in the US , and have proof of this by the date you intend to immigrate. He must have means to support you and your family according to the current poverty guidelines, if he can't he must obtain a joint sponsor. Here are the instructions for the i 864 affidavit of support. http://www.uscis.gov.../i-864instr.pdf. Also follow and study the guides at the top of this page. Good luck!!!

Edited October 11, 2012 by palomino

[Penguin_ie 5,994]

*** Moving from DCF to CR-1 spousal visa forum as DCF is no longer available in Ireland and OP's husband will need to file his petition via the Chicago LOckbox ****

It's ilegal to go over on the visa waiver program with the intent to stay, but your husband doesn't necessarily have to leave you. If you do not want to be separated, you have two options:

- find a co-sponsor; a US based US citizen or greencard holder (maybe one of his family or a close friend?) who will stand guarantoor for you.

- Sponsor on assets (that is what we did); you will need three times as much in assets as you'd need in income such as savings, rental property stocks etc.

Your husband does need to show intent to re-establish domicile; so for example looking for a job, buying a home over there, registering as a voter and getting a new drivers license during a vacation there before your interview, enrolling your child into school for the next school year etc.

Edited October 11, 2012 by Penguin_ie

[palomino 3]

*** Moving from DCF to CR-1 spousal visa forum as DCF is no longer available in Ireland and OP's husband will need to file his petition via the Chicago LOckbox ****

It's ilegal to go over on the visa waiver program with the intent to stay, but your husband doesn't necessarily have to leave you. If you do not want to be separated, you have two options:

- find a co-sponsor; a US based US citizen or greencard holder (maybe one of his family or a close friend?) who will stand guarantoor for you.

- Sponsor on assets (that is what we did); you will need three times as much in assets as you'd need in income such as savings, rental property stocks etc.

Your husband does need to show intent to re-establish domicile; so for example looking for a job, buying a home over there, registering as a voter and getting a new drivers license during a vacation there before your interview, enrolling your child into school for the next school year etc.

Thanks so much for this info, its very helpful. I don't think I would ask anyone to do that for us but we own a house here in Ireland so would that count as assets? Our savings will be gone as we will be using them for the move

[Penguin_ie 5,994]

Foreign assets rarely count, especially if it is your only/ family home, and with how depressed the Irish housing market is right now. If you can sell the house ahead of time and move the money to a US account, that would be better. Savings do count, even if you use a lot of it in moving costs, as that is after the interview. But keep in mind that you would need around $85'000 in assets/ savings for your family of 4. A co-sponsor is the way most people go that do not want to be separated.

[palomino 3]

thanks for all the advice. Its cleared up a lot for me. So after thinking about this yesterday I guess the way we would go would be for him to travel first and secure employment and set up home for us. (Just don't feel comfortable asking someone to sponsor us and give their personal details) If he does this and earns enough to satisfy the I 864 , does he have to work for a minimum period of time? Or once he is in a permanent job is it acceptable? I hope Im explaining this right. He is worried that he wont be working long enough to satisfy the criteria. Another question I have is does he have to file tax returns in the US for the last three years ? (We only just found out he was supposed to be doing this when working here ) He has actually been working here since 2002. Sorry for all the questions , just want to have things right before we start

[pushbrk 12,978]

thanks for all the advice. Its cleared up a lot for me. So after thinking about this yesterday I guess the way we would go would be for him to travel first and secure employment and set up home for us. (Just don't feel comfortable asking someone to sponsor us and give their personal details) If he does this and earns enough to satisfy the I 864 , does he have to work for a minimum period of time? Or once he is in a permanent job is it acceptable? I hope Im explaining this right. He is worried that he wont be working long enough to satisfy the criteria. Another question I have is does he have to file tax returns in the US for the last three years ? (We only just found out he was supposed to be doing this when working here ) He has actually been working here since 2002. Sorry for all the questions , just want to have things right before we start

There is not specific period of time he must be working if it a permanent job but it's a judgment call by a Consular Officer when the time comes. Yes, he must file tax returns but may not owe any taxes.

[Penguin_ie 5,994]

Yes he needs to back-file taxes. Annoying, but not a major issues and no taxes/ penalties will apply as he is only required to file US taxes, not actually pay any.

To minimise time apart, what he may be able to do is look for a job now- travel over for interviews a couple of times but stay in Ireland until he has a job offer. Once he has a job offer, have him petition for you while still in Ireland by sending the I-130 and supporting docs to the Chicago lockbox. That should get the case auto expedited. By the time the I-864 is due he will have worked a couple of months and can send the paystubs and a letter from the employer detailing salary and that he will be there long term.

[pushbrk 12,978]

Yes he needs to back-file taxes. Annoying, but not a major issues and no taxes/ penalties will apply as he is only required to file US taxes, not actually pay any.

To minimise time apart, what he may be able to do is look for a job now- travel over for interviews a couple of times but stay in Ireland until he has a job offer. Once he has a job offer, have him petition for you while still in Ireland by sending the I-130 and supporting docs to the Chicago lockbox. That should get the case auto expedited. By the time the I-864 is due he will have worked a couple of months and can send the paystubs and a letter from the employer detailing salary and that he will be there long term.

We don't know if he'll owe taxes or not. It depends on the income.

The maximum amount of the Foreign Earned Income Exclusion under Internal Revenue Code (IRC) section 911 is now indexed to inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011, $95,100 for 2012). In addition, Section 515 of the Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) amends the computation of the Maximum Housing Amount Exclusion under IRC section 911. (Refer to Notice 2010-27)

[paitence 1]

*** Moving from DCF to CR-1 spousal visa forum as DCF is no longer available in Ireland and OP's husband will need to file his petition via the Chicago LOckbox ****

It's ilegal to go over on the visa waiver program with the intent to stay, but your husband doesn't necessarily have to leave you. If you do not want to be separated, you have two options:

- find a co-sponsor; a US based US citizen or greencard holder (maybe one of his family or a close friend?) who will stand guarantoor for you.

- Sponsor on assets (that is what we did); you will need three times as much in assets as you'd need in income such as savings, rental property stocks etc.

Your husband does need to show intent to re-establish domicile; so for example looking for a job, buying a home over there, registering as a voter and getting a new drivers license during a vacation there before your interview, enrolling your child into school for the next school year etc.

I'm sorry, but I was reading over this because I have a similar situation. In the part where you say "It's illegal to go over on the visa waiver program with intent to stay, but your husband doesn't have to leave." What do you mean by this? Currently, I'm going through the I-130 process and I am meant to be moving with our two daughters to the States in November. My husband will be traveling with us, but he is leaving the following week. My question though, is. You're saying he doesn't have to leave? Does that mean that there is a loop hole that he will be able to stay with (If wanted to?) Although he wouldn't be able to because he works for the police in the UK and needs to square off work, and get things taken care of. But in a technicality are you saying that if he wanted to just pack it all in and stay with us, he could? I read the part where you're stating the "Co sponsor" which we will have and have already agreed to help us out during the process. Also we are enrolling our 5 year old, at school the day after our arrival. He has a job lined up for him from the day he is ready to reside in the states and we also have a home we can live in as a single family. Im sorry if I'm being a pest, but can you give me some insight on this? It seems you know what you're talking about. Thank you.

[BoogyPup 1]

Hi everyone,

We have not even started the process yet but just trying to get an understanding of everything before we start filling out forms. Am currently searching through VJ forums which is proving extremely helpful. Our situation is we are living in Ireland. My husband is USC so he will have to file I 130 for myself and my daughter (his stepdaughter). Our other daughter will have US passport soon as we reported her birth here so thats on the way. How does the affidavit of support work as we are both living here and were hoping to move over together. We were hoping to have our visas first and then move but does this mean that he will have to go over first if he has to prove that he can support us? And do we have to have an address over in the States on our visa application after the I130 is approved?

Any info would be great

its voting season now....tell ur husband to register and vote - this could be a good step for domicile purpose too...he can vote online and print out the copies for the record to show when needed...

[Penguin_ie 5,994]

I'm sorry, but I was reading over this because I have a similar situation. In the part where you say "It's illegal to go over on the visa waiver program with intent to stay, but your husband doesn't have to leave." What do you mean by this?

You left the crucial bit, the last word of my sentence "you". I am saying the US citizen husband can stay with the foreign wife abroad. NOT that the foreign wife can stay with him in the USA. The wife can visit- as your husband is plannign to, for a few weeks, but to use the Visa Waiver Program with the intent to immigrate/ stay in the USA is fraud.