Affidavit of Support Exclusion of Foreign Income

[Lynds946 0]

The I-130 for my husband has been approved and the NVC has requested that I submit my I-1864 Affidavit of support. I had a co-sponsor lined up but he has pulled out as he is worried about the legal implications of signing. I make the income required to sign, but it will be considered foreign earned income as I live abroad with my husband. I am wondering if I will need to have a full year of US income or if having a job and providing a few pay stubs will suffice as meeting the requirements with the addition of the tax return including my foreign income. I am also confused about the domicile rules for signing the affidavit of support as they clearly state that I must reside in the US, however when I spoke to a lawyer he said that this does not apply to US citizens. Basically we are hoping that we do not need to spend an entire year separated while I meet the requirements to sign the form.

[lost_at_sea 995]

Is your foreign income continuing once you move back to the USA?

The US citizen does need to be able to prove US domicile or the intent to re-establish one. See: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html (search down, it's about half way and there's an FAQ).

See also the I-864 instructions: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf (Part 4, Item Number 5).

Edited November 14, 2014 by lost_at_sea

[Lynds946 0]

No, my foreign income will not continue as my job cannot relocate me. I am wondering if they will take into consideration a new job if I can supply employment letters and pay stubs.

Thanks for the info on the domicile!

[Kolewenoik31 57]

If your income will not continue you will need a income in the US to qualify for the poverty guidelines. As for the new job when you submit the AOS it does ask for current income "amount" but you will only be submitting tax info 4 the previous yr and just to be safe the last 3 yrs. tax transcripts.

[NikLR 13,227]

You dont need a job for a year, but too new doesn't help either. A job in the USA is one of the best things for proving re-establishment of domicile.