I-130 Affidavit of Support- living abroad

[ambularanne 2]

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!!!

[BethyWink 96]

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. 

[geowrian 22,335]

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.

[Jeanne Adil 1,651]

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

[ambularanne 2]

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

[ambularanne 2]

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

[pushbrk 12,114]

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.