K-3 Spouse Visa: Affidavit of Support

[PositivePower 0]

Hi VJ community,

 

I'm filing for the K-3 I-130 Spousal visa with my husband (Senegalese). I'm currently living in Dakar, Senegal working for a non-profit, so I'm not making enough money to claim that I am above the poverty line in the US, hence I cannot be an affidavit of support for him. I was also a Peace Corps Volunteer from 2014-2016, so again I was not making proper income to file taxes. My mom has offered to be an affidavit of support for us, but was wondering if I still need to be one as well. Maybe showing that I have "potential for employment" or providing evidence of my taxes before coming to Senegal.

 

Was just wondering what exactly people are experiencing regarding affidavits of support and if you have any advice.

 

Thank you!

[aleful 1,905]

hi

k3 is obsolete so your husband will go through consular processing

 

yes, as the petitioner you are the primary sponsor, so you will fill out the i864 regardless of income

 

your mom will file another i864 as your joint sponsor

 

for now you only need the i130 and i130A. the rest of the forms you will probably need them next year, as the process will most likely take over a year

 

you also have time to come back to the US and get a job if you decided to, that's an option

 

potential employment doesn't count

 

 

 

 

[PositivePower 0]

6 minutes ago, aleful said:

Hi @aleful

Thanks for your response and the info. Good to confirm that both myself and my mom will be filing the i864 as sponsors/affidavit of support. We have also considered the timely process and I am currently applying for jobs in the US and will most likely come back to the US before my husband. My only concern is that we would like to file the i130 by the end of the month and I have not yet secured a job in the US.  

 

6 minutes ago, aleful said:

 

hi

k3 is obsolete so your husband will go through consular processing

 

yes, as the petitioner you are the primary sponsor, so you will fill out the i864 regardless of income

 

your mom will file another i864 as your joint sponsor

 

for now you only need the i130 and i130A. the rest of the forms you will probably need them next year, as the process will most likely take over a year

 

you also have time to come back to the US and get a job if you decided to, that's an option

 

potential employment doesn't count

 

 

 

 

 

[aleful 1,905]

 

the i130 could take up to 9 or more months, so even if you had only 6 months of income it would be ok,  and you have your mom in case you need a joint sponsor

 

 

[Crazy Cat 39,227]

Don't bother with the I-129f at all.......It will be administratively closed, and the case will go forward as a CR-1.  The CR-1 is superior to the K-3 anyway.  No adjustment of status will be required when your spouse enters the US.

[Just Paul 4,591]

3 hours ago, NatElhadj said:

providing evidence of my taxes before coming to Senegal

You will need to show that you filed tax returns in the US for the last 3 years.