Joint Sponsor Dilemma

[voiceforGod 0]

Hi,

My husband doesn't have any tax returns because he has not lived in the U.S for long time.He is an American Citizen and his father agreed as my joint sponsor but last year he went to a different country for work but his mailing address, bills, bank accounts, statements etc. are still here in the U.S. We already have copies of his income tax returns (3 years). Can he still pass as my joint sponsor?

[dustyrah 13]

If he has not lived in USA, he can just file the 2555 along with 1040 for the past 3 years. He will not owe any taxes up to $95,000 earned outside the country as long as he has been out of the country 330 days out of 365 days. Saying he has NO tax returns to INS is not a good idea because regardless of income earned, all US citizens MUST file a tax return because its the law.

Your father can certainly be the co-sponsor as long as he is filing the tax return as US resident.

[voiceforGod 0]

My husband has lived in the U.S. for a year only but he was 6 or 7. How long does it take to get the 2555 and 1040? He only worked in religious organization outside the US and the payment was only free food and lodging and other basic needs.

Edited January 12, 2015 by voiceforGod

[VOL 425]

Have you tried to file a DCF Visa, only takes a few weeks.

If you do a spousal visa then Embassy has to accept co sponsor

[NikLR 13,227]

Hi,

My husband doesn't have any tax returns because he has not lived in the U.S for long time.He is an American Citizen and his father agreed as my joint sponsor but last year he went to a different country for work but his mailing address, bills, bank accounts, statements etc. are still here in the U.S. We already have copies of his income tax returns (3 years). Can he still pass as my joint sponsor?

The appropriate term for a the I-864 is "joint sponsor" not co-sponsor as you used later in the post but not in the title.

Yes his father can still be a joint sponsor if he makes over the poverty guidelines CURRENTLY. It doesn't matter if he did it last year, if he's not currently doing it. He also must be domiciled (living) in the USA, which it sounds like he is but is also working abroad?

[voiceforGod 0]

@Proudly Canadian. My bad, it should be joint sponsor then I will edit the title soon. Yes, my father-in-law is outside the U.S. right now working temporarily in religious group.

I read this last night :

What kinds of employment abroad can be counted as U.S. domicile?

• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with a U.S. institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with a U.S. firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

@VOL My family is in the US right now. I just came here for visit while husband for meetings religious group/board. But something unexpected happen that he has to wait until this year to meet them. We got married in the Philippines and has a kid now. I want to go back to the Philippines with my son but of course my husband doesn't want me to do that and decided to work in getting permanent residency here.

When my son and I with my husband were interviewed by US embassy Manila for tourist Visa. The officer said we could apply for that DCF visa that would only take for few weeks.But of course we declined because we were just coming here temporarily and our work is in the Philippines as Missionaries.

Edited January 12, 2015 by voiceforGod

[Ryan H 3,812]

My bad, it should be joint sponsor then I will edit the title soon.

**Topic title edited (it is too late for you to do so as there is only a window of 5 minutes from the time a post is made for members to do edits).**

*Moderator hat off*

For everyone's information that may be reading this thread, DCF is not a visa as was previously posted, it is a filing method available to US Citizens living in countries that have a USCIS field office and can only be utilized if certain conditions are met.

[NikLR 13,227]

Just something to keep in mind (btw my user name is "NLR" not "Proudly Canadian"...) that the affidavit of support is not needed until you reach the NVC. So if you haven't even started the process with the I-130 petition and documentation, I invite you to do so now and worry about the AOS at a later date. You can always delay a visa because you need a joint sponsor or your spouse needs to get a job etc... but it's very hard to speed one up.

Edited January 12, 2015 by NLR

[voiceforGod 0]

@ NLR I am a newbie here so forgive me lol. Anyway. We are planning in filing concurrently (I-130 and AOS) We already started filling out forms and other documentation but we did not pass them yet as we are still waiting for our consultant/lawyer for their call this week. Do you mean it is okay to pass those Form I-130 without the joint sponsor yet?

[NikLR 13,227]

that makes more sense. You're posting in the wrong forum.

Let me move your thread to the correct forum so that you get the right answers. Our answers thus far has been based on you chasing a visa, not adjusting your status.

AOS = affidavit of support

AOS = adjustment of status.

In your case you mean it to be adjustment of status which means you are currently in the USA.

~~moved to AOS from tourist, work, and student forums from IR1/CR1 process and procedures~~

[voiceforGod 0]

Yes, I am currently in the U.S. right now with my family.