Regarding the Affidavit of Support

[MayzieMcgrew 5]

Hello!

I have a question regarding the affidavit of support.

 

I'm a US citizen living abroad (and have been doing so for the past 19 years).  I'm married to a foreigner, and we have a daughter who is also a foreigner (both from Argentina). 

We've already filed the I-130 for both him and our daughter.  We're waiting for it to be approved.

 

My question is a bit further down the process.  I understand that, since I don't meet the minimum income requirements (I don't reside in the US even), we must have a joint sponsor.  My uncle has agreed to co-sponsor my husband's petition.  What form would he have to file? Would I have to file an affidavit of support as well?

 

It's my understanding that I'd have to complete a I-864W for my kid, since she has a citizenship claim upon entry, right?

 

Thanks!

 

 

[Crazy Cat 39,381]

You are the primary sponsor, and you will file an I-864.  Also, the joint sponsor must file an I-864.  In addition, you must have file your US taxes as per law.

[MayzieMcgrew 5]

How do I file them if I've never worked in the US? Sorry, I'm totally out of the loop!

[Crazy Cat 39,381]

1 minute ago, MayzieMcgrew said:

How do I file them if I've never worked in the US? Sorry, I'm totally out of the loop!

US citizens must report world-wide income.  You may or may not have to pay taxes, but you must report income you received anywhere regardless of where you reside......at least for the last 3 years.

[accumbyte 148]

4 minutes ago, MayzieMcgrew said:

How do I file them if I've never worked in the US? Sorry, I'm totally out of the loop!

From the last page of your US passport:

[MayzieMcgrew 5]

Thank you!!

 

I've been a stay at home mom for the past four years.  So I have no income to report! What financial evidence do I have to submit in this case?

[Crazy Cat 39,381]

1 minute ago, MayzieMcgrew said:

Thank you!!

 

I've been a stay at home mom for the past four years.  So I have no income to report! What financial evidence do I have to submit in this case?

You can submit a letter explaining that you had no income for those tax years.

[accumbyte 148]

16 minutes ago, MayzieMcgrew said:

and we have a daughter who is also a foreigner (both from Argentina).

So she isn't a dual citizen? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

[Crazy Cat 39,381]

From https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf

 

[MayzieMcgrew 5]

2 minutes ago, accumbyte said:

So she isn't a dual citizen? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

No, because I don't meet the minimum requirements of residency in the US.

 

"For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen."

[pushbrk 12,152]

17 minutes ago, MayzieMcgrew said:

Thank you!!

 

I've been a stay at home mom for the past four years.  So I have no income to report! What financial evidence do I have to submit in this case?

None.  Simply hand write in the applicable section of the form, " Not required to file.  No income."

[accumbyte 148]

34 minutes ago, MayzieMcgrew said:

My uncle has agreed to co-sponsor my husband's petition.  What form would he have to file? Would I have to file an affidavit of support as well?

 

It's my understanding that I'd have to complete a I-864W for my kid, since she has a citizenship claim upon entry, right?

For your husband:

• An I-864 with a letter from you explaining that you had no income for the last 3 tax years
• An I-864 plus supporting documentation from a co-sponsor (your uncle in his case)

For your daughter:

• An I-864W since she is exempt of the I-864 requirement

Edited January 12, 2019 by accumbyte

[pushbrk 12,152]

31 minutes ago, MayzieMcgrew said:

It's my understanding that I'd have to complete a I-864W for my kid, since she has a citizenship claim upon entry, right?

 

 

This would be correct if you do not meet the physical presence requirements to pass citizenship to your kid NOW.  If you do, then that I-130 is worthless, and you'll need to do a Consular Report of Birth Abroad and get the "kid" a US Passport.

 

Hopefully, you already know whether you qualify, and have that sorted out.

[MayzieMcgrew 5]

3 minutes ago, pushbrk said:

This would be correct if you do not meet the physical presence requirements to pass citizenship to your kid NOW.  If you do, then that I-130 is worthless, and you'll need to do a Consular Report of Birth Abroad and get the "kid" a US Passport.

 

Hopefully, you already know whether you qualify, and have that sorted out.

Unfortunately, I don't meet the physical presence requirements now.  I looked into that as soon as she was born. 

 

7 minutes ago, pushbrk said:

None.  Simply hand write in the applicable section of the form, " Not required to file.  No income."

Great! Thank you for your help :).

[MayzieMcgrew 5]

5 minutes ago, accumbyte said:

For your husband:

• An I-864 with a letter from you explaining that you had no income for the last 3 tax years
• An I-864 plus supporting documentation from a co-sponsor (your uncle in his case)

For your daughter:

• An I-864W since she is exempt of the I-864 requirement

Thanks!

Now I guess I have to wait and see if I can submit all of this electronically, or if I have to send it in via postal service.