Questions on Affidavit of Support (I-864)

[bodypumpkaren 0]

Hey y'all... I am looking for some help regarding the Affidavit of Support. I moved to South Africa late last year. My adjusted gross income for my 2006 tax return is well over the poverty limits so I am good there. However, I live and work in SA now. My current income (in Rands) is still well over the poverty limit. Now, I know there is the domicile requirement, which is fine. I have no problem meeting that. I have a residence, bank accounts, a job offer, and plenty of other evidence to prove my move was temporary. I am just hung up on the income... Can I claim my South African income now? I write that in the space for current yearly income? And, do I convert it to dollars? One last hitch... I have a job offer back at home... I assume I use that just for proof of my planned return... it can't really be counted as potential income in any other way for the form's sake, correct?

My parents are willing to be co-sponsors, but that is a hell of a lot more paperwork and trouble if my income will suffice. They will have to complete an additional I-864 plus the contract between household members as it will take both of them to meet the poverty line.

Lastly, does anyone have any opinions on submitting tax returns? Is it "better" to submit 3 years worth? I was married during 2 of the prior year's returns, so the returns are muddy. I. alone, still made plenty above the poverty limit, but it just seems messy to have my ex's income muddied in with mine for these purposes... Any opinons or experiences?

Thanks, everyone!

[Arinola 0]

Hey y'all... I am looking for some help regarding the Affidavit of Support. I moved to South Africa late last year. My adjusted gross income for my 2006 tax return is well over the poverty limits so I am good there. However, I live and work in SA now. My current income (in Rands) is still well over the poverty limit. Now, I know there is the domicile requirement, which is fine. I have no problem meeting that. I have a residence, bank accounts, a job offer, and plenty of other evidence to prove my move was temporary. I am just hung up on the income... Can I claim my South African income now? I write that in the space for current yearly income? And, do I convert it to dollars? One last hitch... I have a job offer back at home... I assume I use that just for proof of my planned return... it can't really be counted as potential income in any other way for the form's sake, correct?

My parents are willing to be co-sponsors, but that is a hell of a lot more paperwork and trouble if my income will suffice. They will have to complete an additional I-864 plus the contract between household members as it will take both of them to meet the poverty line.

Lastly, does anyone have any opinions on submitting tax returns? Is it "better" to submit 3 years worth? I was married during 2 of the prior year's returns, so the returns are muddy. I. alone, still made plenty above the poverty limit, but it just seems messy to have my ex's income muddied in with mine for these purposes... Any opinons or experiences?

Thanks, everyone!

Hi bodypumpkaren,

From what I know and have read on this board, if you have a solid job offer in the States that should suffice for potential income purposes and it can be use on the form. It is up to you if you want to include your current South Africa's income on the form. On the other hand, including your current overseas income is a plus too.

The past income tax statements will show your earning power and definitely validate what you are able to command salary wise within that specific job market. It is always a good thing to show 3 to 5 years of previous tax clearance. Past tax filings will help to solidify your affidavit of support and also proves that the chances of your beneficiary becoming a public charge or burden on the tax payers are minimal. Good luck on your journey. That is my 2 cent!

Cheers.

!

[john_and_marlene 162]

You can't include your foreign income unless it will continue after your are back in the U.S.

[homesick_american 1]

Hey y'all... I am looking for some help regarding the Affidavit of Support. I moved to South Africa late last year. My adjusted gross income for my 2006 tax return is well over the poverty limits so I am good there. However, I live and work in SA now. My current income (in Rands) is still well over the poverty limit. Now, I know there is the domicile requirement, which is fine. I have no problem meeting that. I have a residence, bank accounts, a job offer, and plenty of other evidence to prove my move was temporary. I am just hung up on the income... Can I claim my South African income now? I write that in the space for current yearly income? And, do I convert it to dollars? One last hitch... I have a job offer back at home... I assume I use that just for proof of my planned return... it can't really be counted as potential income in any other way for the form's sake, correct?

You cannot use your South African income unless that income is going to continue once you're in the USA, which it won't.

I don't know if you can use the income from the job you were offered.

My parents are willing to be co-sponsors, but that is a hell of a lot more paperwork and trouble if my income will suffice. They will have to complete an additional I-864 plus the contract between household members as it will take both of them to meet the poverty line.

If I were you I'd go ahead and have them fill one out. You can't use your SA income and if you can't use the income from your job offer and you don't have sufficient liquid assets to cover your household (which will be several times the poverty limit) then you will require a co-sponsor. I'd tell them to go ahead and get started filling out the paperwork. If at the interview it turns out you don't need a co-sponsor, then your parents haven't lost anything but time and the notary public's fee. If you don't have a co-sponsor but are told at the interview that you need one, then you'll be rushing around and stressed out. Overprepared is better than underprepared.

In our case, we did a DCF in London for my husband. I've lived in the UK for six years and was not domiciled in the USA (London doesn't seem to care about that) and my UK income would not count at all. Neither would his. I sponsored him with the value of our house here in the UK; we'll make six figures in profit off the sale of our house combined with our bank accounts...basically we had twice as much money as what was required, which was $80k according to the guy who interviewed my husband. We still had my parents fill out an I-864 as co-sponsors just in case, even though we knew there was basically no way we'd need it. Can't put a price on peace of mind.

Lastly, does anyone have any opinions on submitting tax returns? Is it "better" to submit 3 years worth? I was married during 2 of the prior year's returns, so the returns are muddy. I. alone, still made plenty above the poverty limit, but it just seems messy to have my ex's income muddied in with mine for these purposes... Any opinons or experiences?

Thanks, everyone!

When we interviewed in London in September 2006 they only wanted the previous year's tax return, but I brought the last three with me because the I-864 instructions said that I had to. I would read the instructions on the form and bring the number of returns that it requests. It's better to be overprepared than underprepared. It does seem the US gov't delights in constantly tweaking the rules.

[bodypumpkaren 0]

Can I just add, how in the heck did you get to do DCF that quickly? I'm in the UK and I've been told on these boards that I can't do DCF unless I've been here for at least 1.5-2 years. I came to UK in October 2006 and was married 5 days after you were.

Are the DCF rules different for each consulate?

I'm so confused.

Yes, it is different per consulate. The rules for establishing "residency" are different at each consulate. Here is SA you just need to establish something other than a tourist residence, i.e. Perm SA residence, Spousal Residence, work permit, etc.

Sorry you have to wait so long there!

[bodypumpkaren 0]

Hey y'all... I am looking for some help regarding the Affidavit of Support. I moved to South Africa late last year. My adjusted gross income for my 2006 tax return is well over the poverty limits so I am good there. However, I live and work in SA now. My current income (in Rands) is still well over the poverty limit. Now, I know there is the domicile requirement, which is fine. I have no problem meeting that. I have a residence, bank accounts, a job offer, and plenty of other evidence to prove my move was temporary. I am just hung up on the income... Can I claim my South African income now? I write that in the space for current yearly income? And, do I convert it to dollars? One last hitch... I have a job offer back at home... I assume I use that just for proof of my planned return... it can't really be counted as potential income in any other way for the form's sake, correct?

You cannot use your South African income unless that income is going to continue once you're in the USA, which it won't.

I don't know if you can use the income from the job you were offered.

My parents are willing to be co-sponsors, but that is a hell of a lot more paperwork and trouble if my income will suffice. They will have to complete an additional I-864 plus the contract between household members as it will take both of them to meet the poverty line.

If I were you I'd go ahead and have them fill one out. You can't use your SA income and if you can't use the income from your job offer and you don't have sufficient liquid assets to cover your household (which will be several times the poverty limit) then you will require a co-sponsor. I'd tell them to go ahead and get started filling out the paperwork. If at the interview it turns out you don't need a co-sponsor, then your parents haven't lost anything but time and the notary public's fee. If you don't have a co-sponsor but are told at the interview that you need one, then you'll be rushing around and stressed out. Overprepared is better than underprepared.

In our case, we did a DCF in London for my husband. I've lived in the UK for six years and was not domiciled in the USA (London doesn't seem to care about that) and my UK income would not count at all. Neither would his. I sponsored him with the value of our house here in the UK; we'll make six figures in profit off the sale of our house combined with our bank accounts...basically we had twice as much money as what was required, which was $80k according to the guy who interviewed my husband. We still had my parents fill out an I-864 as co-sponsors just in case, even though we knew there was basically no way we'd need it. Can't put a price on peace of mind.

Lastly, does anyone have any opinions on submitting tax returns? Is it "better" to submit 3 years worth? I was married during 2 of the prior year's returns, so the returns are muddy. I. alone, still made plenty above the poverty limit, but it just seems messy to have my ex's income muddied in with mine for these purposes... Any opinons or experiences?

Thanks, everyone!

When we interviewed in London in September 2006 they only wanted the previous year's tax return, but I brought the last three with me because the I-864 instructions said that I had to. I would read the instructions on the form and bring the number of returns that it requests. It's better to be overprepared than underprepared. It does seem the US gov't delights in constantly tweaking the rules.

Thanks for the info... I think I'll go to the trouble with the docs from my folks. I'll kick myself later if I don't do it and need it. One further question, does the income (US income) from my 2006 tax return mean anything? Or only my current income? If it is only my current income, then why do they care about your previous years? I guess just to establish an income history??

So, as far as you know then, I'll need the I-864 for me, an I-864 from my mother and an I-864A for my father (contract between household members), correct? Do both the I-864 from my mothe and the I-864A for my father need to be notorized? I haven't gotten that far...

Thanks again, you have been very helpful!

~Karen

[homesick_american 1]

Thanks for the info... I think I'll go to the trouble with the docs from my folks. I'll kick myself later if I don't do it and need it. One further question, does the income (US income) from my 2006 tax return mean anything? Or only my current income? If it is only my current income, then why do they care about your previous years? I guess just to establish an income history??

I think it's only your current income. I don't know why they ask for 3 years of tax returns! Your current income in South Africa won't count anyway since I presume you'll be leaving that job and going to a new one in the USA.

So, as far as you know then, I'll need the I-864 for me, an I-864 from my mother and an I-864A for my father (contract between household members), correct? Do both the I-864 from my mothe and the I-864A for my father need to be notorized? I haven't gotten that far...

Thanks again, you have been very helpful!

~Karen

My parents filled out an I-864A jointly, and their taxes are filed jointly...since we didn't use their affadavit I don't know if theirs was filled out correctly or not. You will definitely have to fill out the I-864 even if you're not eligible to sponsor your SO.

I did not have the I-864 that I filled out notarized and they did not seem to care, though I would have it notarized if the instructions request it.

Sorry I can't be more help!

[Mary G. 0]

Hi Karen,

When my husband and I applied for his visa through Frankfurt, we were in a similar situation as yourself. I, the U.S.C., had qualifying income from 2006, but no current income in Germany. When I emailed the Consulate about our case, I received an email back saying:

You do actually already qualify with your 2006 income. Please bring

your three most recent Taxes (1040 & W2) & your most recent bank

statements, mutual fund statements, etc. on the appointment day along

with your contract for the job in the US.

From this response, and from everything that happened at the interview, it seems we were able to qualify based on my 2006 income and the fact that I had a job contract for the U.S. We had information about our assets, but that didn't seem important or very necessary to them. I'm not even sure that the job contract was necessary, although it did seem to help.

Of course, I think it's largely up to their discretion what they decide to do. We did have an I-864 filled out from my parents in case we needed it (but we never even pulled it out of our big folder). It was a lot of work, but we felt better having it in case something went wrong.

Hope this helps!

Best wishes,

Mary

Thanks for the info... I think I'll go to the trouble with the docs from my folks. I'll kick myself later if I don't do it and need it. One further question, does the income (US income) from my 2006 tax return mean anything? Or only my current income? If it is only my current income, then why do they care about your previous years? I guess just to establish an income history??

I think it's only your current income. I don't know why they ask for 3 years of tax returns! Your current income in South Africa won't count anyway since I presume you'll be leaving that job and going to a new one in the USA.

So, as far as you know then, I'll need the I-864 for me, an I-864 from my mother and an I-864A for my father (contract between household members), correct? Do both the I-864 from my mothe and the I-864A for my father need to be notorized? I haven't gotten that far...

Thanks again, you have been very helpful!

~Karen

My parents filled out an I-864A jointly, and their taxes are filed jointly...since we didn't use their affadavit I don't know if theirs was filled out correctly or not. You will definitely have to fill out the I-864 even if you're not eligible to sponsor your SO.

I did not have the I-864 that I filled out notarized and they did not seem to care, though I would have it notarized if the instructions request it.

Sorry I can't be more help!