Affidavit of Support (I-864) for US citizen living abroad

[Reverfortune 1]

Hi everyone,

 

I was just wondering how can I as a US citizen living with my husband abroad file for the Affidavit of support without living in the US. My husband is the one working and has enough savings and a good salary but we are currently planning to apply for the CR1 visa. Any idea if this is possible?

 

If not, what is the best approach for us to move to the US together.

 

Thanks.

 

 

[SteveInBostonI130 3,319]

If your husband's job is transferable when he immigrates, you can combine his income in your AOS.  You can also combine his assets on the form.

 

If his current income will not continue after immigration, you will need a joint sponsor.  Please note, the AOS is not required until after the I-130 is approved and your case is at the NVC stage.

[Reverfortune 1]

13 minutes ago, SteveInBostonI130 said:

If your husband's job is transferable when he immigrates, you can combine his income in your AOS.  You can also combine his assets on the form.

 

If his current income will not continue after immigration, you will need a joint sponsor.  Please note, the AOS is not required until after the I-130 is approved and your case is at the NVC stage.

 

Thank you so much for your reply!

 

So correct me if I'm wrong but is the AOS the same as Form I-485? If so, do you fill this form after getting approval from the USCIS on form I-130? And when do we have to fill the affidavit of support?

 

His job will be transferable but this isn't guaranteed until he talk to his management in the US. Otherwise a joint sponsor is possible for me as I have all my family.

 

Just out of interest, would sending money to my saving account in my US bank account also be a solution for the affidavit of support?

 

Thanks,

[Hilde 381]

1 hour ago, Reverfortune said:

Hi everyone,

 

I was just wondering how can I as a US citizen living with my husband abroad file for the Affidavit of support without living in the US. My husband is the one working and has enough savings and a good salary but we are currently planning to apply for the CR1 visa. Any idea if this is possible?

 

If not, what is the best approach for us to move to the US together.

 

Thanks.

 

 

Hi there,

 

I had the same situation. I am the US citizen and both of us live abroad.

 

I filled out the 864 knowing that since my job would change when we moved, my income would be equivalent to zero. We had enough assets and property in the US. Still, upon NVC review that stated that I did not have enough financials and it would be the discretion of the interviewing officer to approve or not based on the information we submitted.

 

We ended up getting a joing sponsor, re-filling out the 864 and bringing with us to the interview IN CASE they asked for one. They didn´t ask. It was a lot more work for me and very annoying, but it was also allowed me not to worry.

 

If you choose not to get a joint sponsor you risk going to the interview and being asked for one. Then you will have to find one, get all the paperwork (it´s a lot to scramble) and you will be placed on hold until they review it again - who knows how long that could take...

 

That was my personal experience. Hope it helps and feel free to ask away.

[Reverfortune 1]

25 minutes ago, Hilde said:

Hi there,

 

I had the same situation. I am the US citizen and both of us live abroad.

 

I filled out the 864 knowing that since my job would change when we moved, my income would be equivalent to zero. We had enough assets and property in the US. Still, upon NVC review that stated that I did not have enough financials and it would be the discretion of the interviewing officer to approve or not based on the information we submitted.

 

We ended up getting a joing sponsor, re-filling out the 864 and bringing with us to the interview IN CASE they asked for one. They didn´t ask. It was a lot more work for me and very annoying, but it was also allowed me not to worry.

 

If you choose not to get a joint sponsor you risk going to the interview and being asked for one. Then you will have to find one, get all the paperwork (it´s a lot to scramble) and you will be placed on hold until they review it again - who knows how long that could take...

 

That was my personal experience. Hope it helps and feel free to ask away.

 

Thank you so much for this insight!

 

Yes I techincally have zero income as its only my husband who work but still have full ties with the US.

 

I will definitely be getting joint sponsor so I don't have to worry about any of that.

 

Really appreciate you reaching out to me, have a lovely day.

[Reverfortune 1]

47 minutes ago, Hilde said:

Hi there,

 

I had the same situation. I am the US citizen and both of us live abroad.

 

I filled out the 864 knowing that since my job would change when we moved, my income would be equivalent to zero. We had enough assets and property in the US. Still, upon NVC review that stated that I did not have enough financials and it would be the discretion of the interviewing officer to approve or not based on the information we submitted.

 

We ended up getting a joing sponsor, re-filling out the 864 and bringing with us to the interview IN CASE they asked for one. They didn´t ask. It was a lot more work for me and very annoying, but it was also allowed me not to worry.

 

If you choose not to get a joint sponsor you risk going to the interview and being asked for one. Then you will have to find one, get all the paperwork (it´s a lot to scramble) and you will be placed on hold until they review it again - who knows how long that could take...

 

That was my personal experience. Hope it helps and feel free to ask away.

Just out of curiosity, how long did the whole process take you from A to Z? If you dont mind asking.

 

Did you have to file the 864 when filing the 130 form or after? Sorry I am bit confused but want to be clear before proceeding.

[Hilde 381]

38 minutes ago, Reverfortune said:

Just out of curiosity, how long did the whole process take you from A to Z? If you dont mind asking.

 

Did you have to file the 864 when filing the 130 form or after? Sorry I am bit confused but want to be clear before proceeding.

I filed the I130 in Dec 2018 and was approved in May 2021. You can see each step of the way on my Timeline (just click on it and it will show the dates).

 

My advice is for you to read as much as you can here on VJ about the process. Start by reading the guides:

 

You will find A LOT of good information and start getting well versed on the terminology. First you file the I130, wait for approval and then file the 864 at a later stage.

 

Good luck! People here are very friendly so you can also ask questions from people who have gone through it before.

 

Also, fill out your timeline so that you can get more country-specific answers. Makes a big difference - as the consulates require minimally different documents.

 

Edited July 22, 2021 by Hilde
Timeline filling out

[Reverfortune 1]

9 minutes ago, Hilde said:

I filed the I130 in Dec 2018 and was approved in May 2021. You can see each step of the way on my Timeline (just click on it and it will show the dates).

 

My advice is for you to read as much as you can here on VJ about the process. Start by reading the guides:

 

You will find A LOT of good information and start getting well versed on the terminology. First you file the I130, wait for approval and then file the 864 at a later stage.

 

Good luck! People here are very friendly so you can also ask questions from people who have gone through it before.

 

Also, fill out your timeline so that you can get more country-specific answers. Makes a big difference - as the consulates require minimally different documents.

 

Thank you so much dear! This is amazing.

 

I will go through all that for sure, really appreciate you going through this. All the best for you!

[SteveInBostonI130 3,319]

2 hours ago, Reverfortune said:

 

Thank you so much for your reply!

 

So correct me if I'm wrong but is the AOS the same as Form I-485? If so, do you fill this form after getting approval from the USCIS on form I-130? And when do we have to fill the affidavit of support?

 

His job will be transferable but this isn't guaranteed until he talk to his management in the US. Otherwise a joint sponsor is possible for me as I have all my family.

 

Just out of interest, would sending money to my saving account in my US bank account also be a solution for the affidavit of support?

 

Thanks,

 

AOS is an acronym for 2 different forms:  I-485, Adjustment Of Status, and I-864, Affidavit Of Support.  The latter applies in your case.

 

You fill it out after the I-130 is approved and is sent to NVC.  NVC will create a case number and invoice ID, and with those you can log in online to continue the process - AOS (Affidavit Of Support) and IV (Immigraction Visa application).  You will need to pay fees for both ($120 for AOS, $325 for IV):

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-3-pay-fees.html

 

Sending money to your US account makes no difference.  You and your husband can combine your assetts on the I-864.  If you send the money from his account to yours, then it is still the same total amount (deduct from him, add to you).

 

Generally NVC and the US Embassy prefer qualifying income.  But if your assetts are significant and is liquid (savings, checking, etc) then that could qualify by itself.  You can try with just one I-864 for yourself and your husband, but I suggest you line up a joint sponsor just in case the embassy requires it.

 

[P0907 127]

Just adding my own experience here as I was also in the same situation. My wife is a USC and we lived in Europe together for almost 7 years.

 

We filed with a joint sponsor in the US since none of our work/income was transferable and the entire process took about 15 months from preparing all the documents and filing the I-130 to me entering the US.

Edited July 22, 2021 by P0907

[Reverfortune 1]

33 minutes ago, SteveInBostonI130 said:

 

AOS is an acronym for 2 different forms:  I-485, Adjustment Of Status, and I-864, Affidavit Of Support.  The latter applies in your case.

 

You fill it out after the I-130 is approved and is sent to NVC.  NVC will create a case number and invoice ID, and with those you can log in online to continue the process - AOS (Affidavit Of Support) and IV (Immigraction Visa application).  You will need to pay fees for both ($120 for AOS, $325 for IV):

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-3-pay-fees.html

 

Sending money to your US account makes no difference.  You and your husband can combine your assetts on the I-864.  If you send the money from his account to yours, then it is still the same total amount (deduct from him, add to you).

 

Generally NVC and the US Embassy prefer qualifying income.  But if your assetts are significant and is liquid (savings, checking, etc) then that could qualify by itself.  You can try with just one I-864 for yourself and your husband, but I suggest you line up a joint sponsor just in case the embassy requires it.

 

 

Thank you so much for the response on this! 

 

I think ill just go with the joint sponsor to cut the chase. Have a great day!

[Reverfortune 1]

8 minutes ago, P0907 said:

Just adding my own experience here as I was also in the same situation. My wife is a USC and we lived in Europe together for almost 7 years.

 

We filed with a joint sponsor in the US since none of our work/income was transferable and the entire process took about 15 months from preparing all the documents and filing the I-130 to me entering the US.

Hi P0907,

 

Thank you so much for reaching out and thanks for sharing your experience. This definitely helps and yes I think a joint sponsor is the way to go even though we are doing very well financially.

Have a great day!

[Ryan H 3,791]

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