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kahlibarbie

Form i864 Affidavit Of Support

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To whom it may concern,

 

My husband and I both live in Melbourne AUS, he's an Australian citizen and I have dual citizenship (Australia and United States). Im a stay at home mom and have been since my son was born in January 2019, I was also at home for the majority of my pregnancy. My husband currently works two jobs and is well about the WA poverty threshold $29765 AUD. Although my husband makes well above the threshold amount its it still a good idea to provide a co-sponsor? My immediate family live in WA and are happy to cosponsor us if it means we will have a better chance. We have run into a problem filling out the i864 form as we have little to no savings because we have just had a baby in Jan 2019. My other concern is that because we both currently live outside the United States my husband will no longer earn Australian income come our departure to the US. Will they need to see some other sort of evidence that we both plan to work come us relocating?

 

Our latest update was on July 31st our Petition was received by the NVC and we are awaiting a case number in which we were advised we should receive within 30 days as it takes time for them to enter all the information into there system. While awaiting our case number so that we are able to move onto the next step I'm gathering all the information for the next documents that we are required to provide. If anyone has been in a similar situation and can offer advice on what to do or what comes next please reply to my post.

 

Thank you in advance.

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Posted (edited)

His income won't continue in the US, so it cannot be counted. You'll likely have to find a willing joint sponsor in the US who makes the 125% poverty level requirement for the amount of household members they will be responsible for (your husband + themselves + whoever is in their own household family, assuming your son is also a US citizen and doesn't need sponsorship), however you still will be the primary sponsor, though for your income on your I-864, it will be $0. It can take up to 8 weeks to get a case number for NVC so don't be concerned/surprised if you do not receive a case number after 30 days. Advice for the next step, prepare your I-864, and find a qualifying joint sponsor. PS it is by federal poverty guidelines, not state.

 

Income guidelines of how much is the minimum your joint sponsor will need to make to qualify based on household size (count their current household size + your husband):

"As of February 2019, for residents in the continental US the Financial Eligibility requirements for Spouse Visas are as follows.

Required Annual Income:
$21,138 if 2 Persons in Family or Household
$26,663 if 3 Persons in Family or Household
$32,188 if 4 Persons in Family or Household

For each Additional person add $5,525"

http://www.visacoach.com/cr1-spouse-visa-financial-eligibility.html

Edited by LilyJ

Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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Posted (edited)
25 minutes ago, kahlibarbie said:

To whom it may concern,

 

My husband and I both live in Melbourne AUS, he's an Australian citizen and I have dual citizenship (Australia and United States). Im a stay at home mom and have been since my son was born in January 2019, I was also at home for the majority of my pregnancy. My husband currently works two jobs and is well about the WA poverty threshold $29765 AUD. Although my husband makes well above the threshold amount its it still a good idea to provide a co-sponsor? My immediate family live in WA and are happy to cosponsor us if it means we will have a better chance. We have run into a problem filling out the i864 form as we have little to no savings because we have just had a baby in Jan 2019. My other concern is that because we both currently live outside the United States my husband will no longer earn Australian income come our departure to the US. Will they need to see some other sort of evidence that we both plan to work come us relocating?

 

Our latest update was on July 31st our Petition was received by the NVC and we are awaiting a case number in which we were advised we should receive within 30 days as it takes time for them to enter all the information into there system. While awaiting our case number so that we are able to move onto the next step I'm gathering all the information for the next documents that we are required to provide. If anyone has been in a similar situation and can offer advice on what to do or what comes next please reply to my post.

 

Thank you in advance.

They are more concerned about your intent to domicile (and work) than his.  Income earned overseas that will not continue counts as zero anyway.

If you worked in 2018/2019 make sure your US taxes were filed while you were over there.  

You can sponsor on your US income, your assets, or get a co-sponsor.  Sounds like you have a co-sponsor so you should be good to go.

Edited by Nitas_man

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The above replies ASSUME (Probably correctly) that your husband's income will not continue from the same source once he's in the US.  If that assumption is correct, their responses are correct.  Further, YOU will provide an I-864 showing zero current income, and most likely zero income from the last three tax returns as well.  Check your line 6 for 2018 if applicable or line 22 from prior years.

 

Joint sponsor (NO "cosponsors") will provide an I-864 and must have qualifying income for their own family plus your husband.  You and the baby do not count in the joint sponsor's household size.  If the joint sponsor is married, filing a joint tax return with a spouse, then the spouse will provide an I-864a whether they have any income or not.


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Posted (edited)
14 minutes ago, pushbrk said:

The above replies ASSUME (Probably correctly) that your husband's income will not continue from the same source once he's in the US.  If that assumption is correct, their responses are correct.  Further, YOU will provide an I-864 showing zero current income, and most likely zero income from the last three tax returns as well.  Check your line 6 for 2018 if applicable or line 22 from prior years.

 

Joint sponsor (NO "cosponsors") will provide an I-864 and must have qualifying income for their own family plus your husband.  You and the baby do not count in the joint sponsor's household size.  If the joint sponsor is married, filing a joint tax return with a spouse, then the spouse will provide an I-864a whether they have any income or not.

OP stated her husband’s income will not continue.  No assets.  Income in Australia will be discounted. 

OP did not say if the baby is USC

I said co- but meant joint.  My error.

Edited by Nitas_man

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3 minutes ago, Nitas_man said:

OP stated her husband’s income will not continue.  No assets.  Income in Australia will be discounted. 

OP did not say if the baby is USC

Good point on the baby.  Is the baby a US Citizen?  If NOT, then they are going to need to hold on the husband's process, file a petition for the baby and wait until the baby's petition is approved and at NVC before proceeding.  In a case like that the baby does NOT need a sponsor though.  He/she will be a US citizen upon arrival in the US with the USC parent.


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Firstly, I don't think Australia is as strict as some embassies but you will need assets or a joint sponsor unless your husband's income will continue when he moves to the USA.

 

My wife and I went through on assets, we were only a bit above the amount needed, but our lawyer prepared this package explaining I'd been the primary provider, I had a good job in Aus/already started interviewing in USA etc. No clue if it made a difference, but I was not asked any financial questions and we did not end up needing the joint sponsor packet we had prepped and ready to go.


12/26/17 - NOA1

06/27/18 - NOA2 (+183 days)

07/11/18 - Case sent to NVC (+14 days)

07/18/18 - NVC Received (+7 days)

08/10/18 - NVC Case Number (+23 days)

09/06/18 - All Docs Submitted (+27 days)

09/19/18 - Case Complete at NVC (+13 days)

10/18/18 -  Interview appointment letter received (+29 days)

11/20/18 - Interview Date (+33 days) - APPROVED!

11/26/18 - Visa Received 

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