DCF London CR1 / Affidavit question

[Retriever 0]

Hi all,

Two weeks until my interview at the embassy. Excited and a bit nervous. Quick question about affidavit.

My wife (USC) having been a student this year, she doesn't meet financial requirements to sponsor me. We are obviously still submitting her I-864 as required. I do have a joint sponsor who meets financial requirements (my uncle), and we are submitting his I-864 too.

Now, this may sound like an overkill, but I am tempted to use my income on my wife's I-864 to sponsor myself on top of the joint sponsor, which would make our household meet the 125% poverty line. I know that for this to be considered satisfactory by them embassy, my income's source must remain the same, as stated the instructions sheet, and it would. My current employer could write a letter stating so.

The reason I want to do this is in case there is anything wrong with our joint sponsor's I-864, at least we would have that to "fall back on". But I don't want to confuse the embassy. (I.e have them thinking "If the household met financial requirements, why did they use a joint sponsor?").

What would you do?

1- Use my own income, not use joint sponsor

2- Use joint sponsor, not my income

3- Use both

The answer might seem obvious (1), if it wasn't for domicile requirements. My wife has been living outside of the US for 3 years now, and while she still has ties in the US (bank account, student loan), using joint sponsor was an easy way to not have to worry as much about that.

Thanks a lot, as always.

R

[gregcrs2 1,778]

2

2

[gregcrs2 1,778]

Maybe someone else can chime in on this but I thought a co-sponsor must be a permanent resident or US citizen.

[Retriever 0]

Hi, yes he is a US citizen, living in the US.

[Sand1818 3]

We were in a somewhat similar situation.

Do you have a W2 for your income that will continue by chance (ie is it a US company)?

I (the USC) live in the UK, but have a job through a US company and, therefore, had a W2. We used my income for the I-864. I had a letter from my employer, and a back up joint sponsor I-864, they didn't ask for anything beyond my I-864, W2 and tax returns for 2015 (not transcripts).

Personally, I think it is always better to have more than enough support, I even filled out the assets section, incase they questioned my income.

[Retriever 0]

Hi Sand1818,

Thank you for your answer. I work for a British company. I could show my offer letter and have them write me a letter saying I will be working remotely from the moment I relocate.

One question for you: From what I understand about the interview process, when you are at the embassy you are called once to submit your documents, and then a second time for the actual interview, right? So when you say they didn't ask for your backup sponsor's I-864, do you mean that you didn't give it to them the first time, OR did you give them the documents for them to review and then they said "we don't need this" at the actual interview?

[Sand1818 3]

Hi Sand1818,

Thank you for your answer. I work for a British company. I could show my offer letter and have them write me a letter saying I will be working remotely from the moment I relocate.

One question for you: From what I understand about the interview process, when you are at the embassy you are called once to submit your documents, and then a second time for the actual interview, right? So when you say they didn't ask for your backup sponsor's I-864, do you mean that you didn't give it to them the first time, OR did you give them the documents for them to review and then they said "we don't need this" at the actual interview?

I think it is worth a try to show your offer letter and have a letter confirming you'll be working remotely. I think the key is to include salary and that there will be no change in job. I can't guarantee it will work, as it isn't our exact situation.

Just to verify - did your wife file her 2015 (and previous) taxes while in the UK? She still must have done this unless she earned under the reporting threshold.

At the first window I gave him my I-864 and the support folder I had. He only pulled out the tax return and W2. After I sat back down I regretted not explaining our situation to him, although he didn't seem to want to know it either (ha!), but in the end it didn't matter. At the second window he asked if this was my I-864, I said yes, I have a letter from my employer if you want it, he said no.

I think with your situation you should try to explain at the first window.

[Retriever 0]

I see, thanks a lot for sharing your experience with me.

My wife filed her taxes for 2015 but not for 2014 and 2013 because she didn't hit the threshold (student life). We have evidence to support these claims of course (university transcripts, etc). I think there will be a fair bit of explaining to do on my part when I reach the first window!

I guess I'll say: "a- Here is our household's I-864, with supporting documentation AND should this not be satisfactory, b-here is the joint sponsor's I-864".

[Nich-Nick 3,354]

I see, thanks a lot for sharing your experience with me.

My wife filed her taxes for 2015 but not for 2014 and 2013 because she didn't hit the threshold (student life). We have evidence to support these claims of course (university transcripts, etc). I think there will be a fair bit of explaining to do on my part when I reach the first window!

I guess I'll say: "a- Here is our household's I-864, with supporting documentation AND should this not be satisfactory, b-here is the joint sponsor's I-864".

The first window is purely document collecting. They have no decision making authority and don't need to hear your story. Wasted words really. When you get back to the real consulate officer, do any explaining you feel the need to do and pull out any additional documents you wish to show.

Your wife has to fit the domicile thing or intent to reestablish domicile to even do an I-864 with zero income. She MUST be your foremost sponsor and in order to fill out an I-864 must do the domicile thing if living abroad. So there is no reason why you can't add on your income to her form. Turn that in without discussion. Then if the officer interviewer (2nd window) finds a problem, reach in your bag of backup stuff and pull a joint sponsor out. If yours is accepted, then he's off the hook.

[Retriever 0]

Ah, thanks Nich-Nick, very kind of you to answer, as ever.

As long as I am given a chance to pull out extra documents then it's fine. I was just worried that if the 2nd window officer was to consider the documents submitted at window 1 as non-satisfactory, then that would be it for me.

I will follow your advice, add my income on my wife's I-864, submit that at window 1 with supporting documentation, and if the officer at window 2 asks questions, pull out the joint sponsor's affidavit.

Regarding domicile requirements, do you think that it would be in our interest to put down her parent's address in the US as her "mailing address"? The physical address being our current one in London.