Jump to content
Sign in to follow this  
Lynds946

Affidavit of Support Exclusion of Foreign Income

5 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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 by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites
Country: Kenya
Timeline

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.


Met online 9/2012

Courtship 3/1/2013

ClockWatch2.gif

Passport for USC 6/10 thru 28/2013 19 days

First face to face meeting Nov. 4th 2013 dancin5hr.gif

Married 19 November 2013 heart.gif

:energy: USCIS-TSC

5/3/2014 Filed I-130

11/3/2014 NOA-1

24/7/2014 NOA-2 {135 days} :dancing:

12/8/2014 Case Shipped {NVC} :dancing:

:energy: NVC

20/8/2014 NVC received

29/8/2014 NVC case #

31/8/2014 DS-261 submitted

3/9/2014 NVC billed AOS & paid

19/9/2014 AOS sent

30/9/2014 IV invoiced

3/10/2014 IV paid

21/10/2014 IV package sent

21/11/2014 Case complete :dance:(L)

03/12/2014 Interview scheduled

08/12/2014 NVC shipped to Embassy "In Transit"

12/12/2014 Ceac shows "Ready"

:energy:Consulate

15/12/2014 Consulate received

07-08/01/2015 Medical {Passed!!!!}

26/01/2015 Interview results {APPROVED} :dance:(L)

26/01/2015 DHL Air Waybill created online

28/01/2015 Air Waybill shows "In Transit" :yes:

29/01/2015 Visa ready for pick up {DHL}

02/02/2015 Visa in hand

26/02/2015 POE

The warmth of true friendship and the love that binds the hearts of husband and wife are a foretaste of heaven. God has ordained that there should be perfect love and perfect harmony between those who enter into the marriage relation. Let bride and bridegroom in the presence of the heavenly universe pledge themselves to love one another as God has ordained they should. {LYL}

Thought to share our journey for those who need the encouragement!

Share this post


Link to post
Share on other sites

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.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...