I-134 Affidavit of Support from USC fiance who resides outside US?

[Camie 72]

Hi all!

 

 

I was wondering if anyone would know how to go about I-134. My fiance is a dual citizen (US and PH) but has lived in the Philippines all his life. From what I understand, in a case like this, his income doesn't count as the affidavit of support needs to come from someone who resides in the US. Is the only way really to find a joint sponsor? How do we go about this? 

[Transborderwife 4,666]

Does he have domicile in the USA?  That may be a bigger issue.  Has he filed his taxes?

[Camie 72]

4 minutes ago, Transborderwife said:

Does he have domicile in the USA?  That may be a bigger issue.  Has he filed his taxes?

No, unfortunately. He obtained his citizenship from his father, which explains why he is a dual citizen. We plan to marry in the US and start our life together there.

 

His brother currently lives in California, but recently just beat cancer and has been out of work for quite a while due to it. We're not sure if we can rely on him for joint sponsor because he has a household of 3 already.

Edited June 4, 2017 by camiej

[Transborderwife 4,666]

8 minutes ago, camiej said:

No, unfortunately. He obtained his citizenship from his father, which explains why he is a dual citizen. We plan to marry in the US and start our life together there.

 

His brother currently lives in California, but recently just beat cancer and has been out of work for quite a while due to it. We're not sure if we can rely on him for joint sponsor because he has a household of 3 already.

He needs to file his back taxes first, he could be in for a hefty fine from the IRS.  Without established domicile it may be difficult to get a k1.  Him never living there before I reccomend him returning to the USA first and establish himself.  Does he have a US passport?  

Edited June 4, 2017 by Transborderwife

[Camie 72]

15 minutes ago, Transborderwife said:

He needs to file his back taxes first, he could be in for a hefty fine from the IRS.  Without established domicile it may be difficult to get a k1.  Him never living there before I reccomend him returning to the USA first and establish himself.  Does he have a US passport?  

He does have a US passport. 

 

Regarding the IRS, I believe he's exempt considering his domicile is PH and not US, if anything he would just need to catch up on filing those "exempt" claims. His brother moved from the Philippines to the US a few years ago with no problems. But he married his wife there so it seemed to be easier than getting a fiance visa like we are now.

 

 

[Transborderwife 4,666]

Just now, camiej said:

He does have a US passport. 

 

Regarding the IRS, I believe he's exempt considering his domicile is PH and not US, if anything he would just need to catch up on filing those "exempt" claims. His brother moved from the Philippines to the US a few years ago with no problems. But he married his wife there so it seemed to be easier than getting a fiance visa like we are now.

 

 

 Regardless of domicile he is not exempted.  No us citizen is unless they don't make enough money.  He must file those taxes before considering a k1.  Passport is good but he needs domicile, an address, taxes, voter registration etc

[Camie 72]

Just now, Transborderwife said:

 Regardless of domicile he is not exempted.  No us citizen is unless they don't make enough money.  He must file those taxes before considering a k1.  Passport is good but he needs domicile, an address, taxes, voter registration etc

I would guess he's exempt from the fact that he's self employed and not making enough money in US standards. They're well-off but unfortunately wages in the PH are low, and it's normal in Philippine culture to live with your parents until you marry, and so that is how he gets by fine. 

 

But we'll take your suggestion and I'll let him know! Thanks!

[Transborderwife 4,666]

2 minutes ago, camiej said:

I would guess he's exempt from the fact that he's self employed and not making enough money in US standards. They're well-off but unfortunately wages in the PH are low, and it's normal in Philippine culture to live with your parents until you marry, and so that is how he gets by fine. 

 

But we'll take your suggestion and I'll let him know! Thanks!

If he makes over $400 usd a year he's not exempt 

[Camie 72]

3 minutes ago, Transborderwife said:

If he makes over $400 usd a year he's not exempt 

Do you mean $4000?

 

Either way, I have checked and for 2016 it was at $10,300.

[Transborderwife 4,666]

Just now, camiej said:

Do you mean $4000?

 

Either way, I have checked and for 2016 it was at $10,300.

No.  Self employed is $400.  He needs to get his taxes dealt with 

[Jojo92122 1,924]

11 hours ago, Camie said:

He does have a US passport. 

 

Regarding the IRS, I believe he's exempt considering his domicile is PH and not US, if anything he would just need to catch up on filing those "exempt" claims. His brother moved from the Philippines to the US a few years ago with no problems. But he married his wife there so it seemed to be easier than getting a fiance visa like we are now.

 

 

US citizens have a right to enter the US.  That's why his brother didn't have a problem.  Neither does your fiancé, he doesn't have a problem entering the US.

 

The brother's fiancee didn't need a fiancee visa.  It was easy because she didn't need a fiancee visa.  You do.  This makes your situation completely different.  To get you a fiancee visa, your fiancé must 1) file US tax returns, and 2) establish a US domicile.  Your fiancee will also need a Joint Sponsor since he does not have a US income to sponsor you for a fiancee visa.

 

11 hours ago, Camie said:

He does have a US passport. 

 

Regarding the IRS, I believe he's exempt considering his domicile is PH and not US, if anything he would just need to catch up on filing those "exempt" claims. His brother moved from the Philippines to the US a few years ago with no problems. But he married his wife there so it seemed to be easier than getting a fiance visa like we are now.

 

 

US citizens are taxed on worldwide income, so being domicile in the PH and not the US dose not excuse him from having to file.  Being able to take the Foreign Earned Income Exemption leaving no tax liability does not exempt the need to file.

 

There is no such thing as "exempt" claims.  Not a tax thing.

[Jojo92122 1,924]

11 hours ago, Camie said:

Do you mean $4000?

 

Either way, I have checked and for 2016 it was at $10,300.

https://www.irs.gov/individuals/self-employed

[Camie 72]

3 hours ago, Jojo92122 said:

US citizens have a right to enter the US.  That's why his brother didn't have a problem.  Neither does your fiancé, he doesn't have a problem entering the US.

 

The brother's fiancee didn't need a fiancee visa.  It was easy because she didn't need a fiancee visa.  You do.  This makes your situation completely different.  To get you a fiancee visa, your fiancé must 1) file US tax returns, and 2) establish a US domicile.  Your fiancee will also need a Joint Sponsor since he does not have a US income to sponsor you for a fiancee visa.

 

US citizens are taxed on worldwide income, so being domicile in the PH and not the US dose not excuse him from having to file.  Being able to take the Foreign Earned Income Exemption leaving no tax liability does not exempt the need to file.

 

There is no such thing as "exempt" claims.  Not a tax thing.

 

Thanks for your input. 

 

I found someone on my Facebook who had the same issue as I. Turns out his affidavit of support can be his own taxes filed in the Philippines, and not necessarily the US. Her fiance (the petitioner) was also a dual citizen and has lived in the Philippines all his life. They had no problems, as long as they had a joint sponsor who was an American citizen or resident. 

[mallafri76 1,012]

6 hours ago, Camie said:

 

Thanks for your input. 

 

I found someone on my Facebook who had the same issue as I. Turns out his affidavit of support can be his own taxes filed in the Philippines, and not necessarily the US. Her fiance (the petitioner) was also a dual citizen and has lived in the Philippines all his life. They had no problems, as long as they had a joint sponsor who was an American citizen or resident. 

I think you're confused. The sponsor, i.e the person filing the petition, ALWAYS fills out an affidavit of support, regardless of their income. However, if the sponsor don't meet the financial requirements, then you need a joint sponsor that does. 

 

So since you're doing the k-1, your fiancé fills out an I-134 but because he doesn't meet the financial requirement, you then need a joint sponsor in the US who meets the financial requirements for his/her household size fill out another I-134.