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ambularanne

I-130 Affidavit of Support- living abroad

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anyone have any experience with the I-130 affidavit of support while living abroad? I am currently living with my husband in Morocco- so had to quit my job. My parents have agreed to be our financial support for the affidavit of support, and I do own a home (currently being rented) but I am worried that since I am currently not working in the US that our case will be either denied or stretched out. My lawyer didn't seem to think it would be a problem, but I have heard other people with concerns. 

 

Thanks!!!

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The rent you are earning from your house should still count as income, though I do not know if you are earning enough from that to meet the poverty bar. 


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USCIS Stage

I-130 Sent to Phoenix: 09/14/2016
I-130 NOA1: 2016-09-21
Transferred to Texas

I-130 NOA2: 2016-10-11

Sent to NVC: 2016-10-25

 

NVC Stage

*Delayed due to 2.5 week trip to Copenhagen to visit the hubby!*

NVC Received: 2016-11-01

NVC Case Number Assigned: 2016-11-10

IV Bill Received: 2016-11-01

DS-261/AOS Bill Received: 2016-11-15

AOS Bill Paid: 2016-11-28

IV Bill Paid: 2016-11-28

DS-261 Submitted: 2016-12-01

AOS Package Sent: 2016-12-05

AOS/Support Documents Scan Date: 2016-12-14

NVC Sent to Supervisor Review: 2017-01-26

NVC Sent to review Department: 2017-02-10

NVC Case Complete: 2017-03-06

 

Embassy Stage - Stockholm

Interview Scheduled: 2017-04-11

 

Entered the Country: 2017-06-20

 

 

ROC:

Package Delivered to PHX/Recieved Date: 2019-04-19

Creditcard Charged for Case: 2019-04-24

Text of Recieved date: 2019-04-25

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An I-130 is not an affidavit of support.

After I-130 approval, an I-864 affidavit of support will be needed at NVC, and then be reviewed again by the CO at/after the interview.

 

Rental income is income. The amount that can be considered is what you claimed on your 2018 taxes.

 

Nobody can guarantee what the CO will decide as that's based upon the totality of the circumstances, not minimums. But having a suitable joint sponsor is typically sufficient.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

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1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

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10/17/18: Interview

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10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Have you filed tax returns on the rental income?   over $100,000 exclusion but you still need to pay into SS and medicare at time of filing

have you paid into SS and medicare when filing ?   If not ,  you owe for these 

you need to look up IRS requirements

you can't owe anything to IRS when you interview

 

You put K1 visa here which is fiancee but say your husband and I 130

 

You will need a US address for the paperwork

that will be asked of him in an interview and at POE

living with family is ok

look into using assets for the affadivit as you say you own the house

 

and don't trust the lawyer completely / they may know immigraiton laws but most don't know what the Casa embassy expects to hear for immigrant and that they want to see commingling of finances to be approved

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11 minutes ago, adil-rafa said:

Have you filed tax returns on the rental income?   over $100,000 exclusion but you still need to pay into SS and medicare at time of filing

have you paid into SS and medicare when filing ?   If not ,  you owe for these 

you need to look up IRS requirements

you can't owe anything to IRS when you interview

 

You put K1 visa here which is fiancee but say your husband and I 130

 

 You will need a US address for the paperwork

that will be asked of him in an interview and at POE

living with family is ok

look into using assets for the affadivit as you say you own the house

 

and don't trust the lawyer completely / they may know immigraiton laws but most don't know what the Casa embassy expects to hear for immigrant and that they want to see commingling of finances to be approved

I updated my profile but it wasn't updated on here- we are now married. Our K-1 was denied so I moved to Morocco in Dec. 2018 to marry him- haven't filed taxes for the rental property yet as the lease started in 2019. Thanks

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17 hours ago, ambularanne said:

Thank you all so much- I didn't even think about the rental income as income. I am feeling better. We were denied the K-1 visa and we weren't told why- I am just too nervous! lol

People with "rental income" are self employed so it is only "revenue" until it appears on the "total income" line of a personal tax return.  Your rental income is IN the US, so it is NOT exempt from taxes as foreign income would be.

 

Living abroad, having a well qualified joint sponsor with a plausible reason for being willing to act as a sponsor, will probably carry the day regardless of your income.


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