I-864 (AOS) doubt

[Amorim 0]

Hello guy, I've just received the NOA2 yesterday and I am getting ready with all the documents needed in this NVC step.

1. Affidavit of Support- since I live in Brazil with my wife, what can I do about that? Do I have to fill an I-864 in my name and another one on co-sponsor's name?

2. Should I contact NVC now or should I wait around 30 days as they said in the NOA2?

thanks for now

[oohpartiv 484]

1. If you're making enough money abroad and have filed taxes, then you don't need a cosponsor. If you're like me, and haven't been working abroad (and thus hadn't filed taxes), then you'll need to fill in an I-864 for yourself with an attached letter explaining why you haven't been required to file taxes for the past X amount of years, and then your cosponsor will also have to fill out an I-864 with all of their corresponding tax info.

2. I would start calling NVC a week from NOA2 date to see if they've received your case yet.

[dwheels76 5,468]

Hello guy, I've just received the NOA2 yesterday and I am getting ready with all the documents needed in this NVC step.

1. Affidavit of Support- since I live in Brazil with my wife, what can I do about that? Do I have to fill an I-864 in my name and another one on co-sponsor's name?

2. Should I contact NVC now or should I wait around 30 days as they said in the NOA2?

thanks for now

Since you are living in Brazil looks like you need to start setting up some domicile things. Here is the NVC filers thread read Post #1 and #2. And Congratulations And yes you call now.

http://www.visajourney.com/forums/topic/417050-nvc-filers-march-2013/

[Amorim 0]

Since you are living in Brazil looks like you need to start setting up some domicile things. Here is the NVC filers thread read Post #1 and #2. And Congratulations And yes you call now.

Thanks, I am going to take a read at those threads.

[Judy2Rock 7]

Hello guy, I've just received the NOA2 yesterday and I am getting ready with all the documents needed in this NVC step.

1. Affidavit of Support- since I live in Brazil with my wife, what can I do about that? Do I have to fill an I-864 in my name and another one on co-sponsor's name?

2. Should I contact NVC now or should I wait around 30 days as they said in the NOA2?

thanks for now

Go to this website:www.immigrantvisas.state.gov/

When u call NVC they will tell u to allow 20 days for updates.

[Amorim 0]

Still didnt find anything about the AOS for people who live outside of US, that clearly explains where should I fill 2 forms (for me and the joint sponsor) or just for the joint sponsor.

[oohpartiv 484]

Still didnt find anything about the AOS for people who live outside of US, that clearly explains where should I fill 2 forms (for me and the joint sponsor) or just for the joint sponsor.

Didn't I already answer that question in the first post? You have to fill out an I-864 regardless, because you're the petitioner. If you haven't filed taxes or your income isn't enough to sponsor your spouse, then you'll need a cosponsor who will always have to fill out an I-864. If you haven't filed taxes in the past three years, you'll need to attach a letter explaining why.

[Penguin_ie 5,994]

1. If you're making enough money abroad and have filed taxes, then you don't need a cosponsor.

This is incorrect. Unless the OP is that rare case where their income continues when they move back to the USA (ie his company moves him to a US office), foreign income does not count for the affadavit of support, as that income will not continue when the beneficiary may need it, ie when they are in the USA. Only current AND CONTINUED income counts, so a co=sponsor will still be needed unless they have enough assets to sponsor that way.

It is correct that the petitioner needs to file taxes with the IRS even when living abroad.

[oohpartiv 484]

This is incorrect. Unless the OP is that rare case where their income continues when they move back to the USA (ie his company moves him to a US office), foreign income does not count for the affadavit of support, as that income will not continue when the beneficiary may need it, ie when they are in the USA. Only current AND CONTINUED income counts, so a co=sponsor will still be needed unless they have enough assets to sponsor that way.

It is correct that the petitioner needs to file taxes with the IRS even when living abroad.

Thanks for the correction.

[Amorim 0]

Thanks for all the informations.

So far, I have find out that I do need to fill a form as the main sponsor and another one with the join sponsor. I don't work here in Brazil(actually a sell clothes but its not really a job, just an additional money at end of the month), so there is no way for me to show any incometax.

[oohpartiv 484]

I don't work here in Brazil(actually a sell clothes but its not really a job, just an additional money at end of the month), so there is no way for me to show any incometax.

Then, like I've mentioned twice now, you'll need to write a letter explaining why you haven't filed with the IRS for the past three years, and attach it to your I-864. I had to do the same thing. I can be relatively simple, just address the fact that you've been living abroad and haven't been working.

[Amorim 0]

Then, like I've mentioned twice now, you'll need to write a letter explaining why you haven't filed with the IRS for the past three years, and attach it to your I-864. I had to do the same thing. I can be relatively simple, just address the fact that you've been living abroad and haven't been working.

Ok, thanks for all the replies! =)

[Amorim 0]

hella again,

I have been making a checklist for the AOS packet, so I want to know if there is anything missing from the following list:(I will be using a joint sponsor, since and I don't live in US).

- Last 3 years of IRS tax transcripts

- Original employment letter

- Pay stubs.

- Citizenship proof.

And from a me letter explaining my situation.

Thanks for all the help so far...God bless you all

[oohpartiv 484]

hella again,

I have been making a checklist for the AOS packet, so I want to know if there is anything missing from the following list:(I will be using a joint sponsor, since and I don't live in US).

- Last 3 years of IRS tax transcripts

- Original employment letter

- Pay stubs.

- Citizenship proof.

And from a me letter explaining my situation.

Thanks for all the help so far...God bless you all

Apart from the letter, you're going to need to include proof of domicile, showing that you intend on moving back to the States once your wife gets her visa.

[Amorim 0]

Apart from the letter, you're going to need to include proof of domicile, showing that you intend on moving back to the States once your wife gets her visa.

what can I use as a proof of domicile, could you give me any clue?

and for the joint sponsor will the w-2 form and 1099s be needed?

Edited March 30, 2013 by Amorim