re: Affadavit of Support

[hibbs02]

Howdy,

 

I'm an American living in China. I met my wife here and we've been married for the last 2.5 years. We are ready to move back to the U.S. and start the long ordeal of getting her permission to immigrate.

 

My question is concerning the Affadavit of Support. Having lived in China I don't qualify right now for this and one of my brothers has agreed to do the forms for us. But since I last looked the official websites seem to have changed and I'm can't find the information on a relative signing the affadavit of support. Is it just the standard I-134 form and then under relationship to petitioner he puts "Brother's Wife?" or is there a different form for him to fill out?

 

Could anyone point to an official website with the latest information addressing this question as well as the appropriate forms?

 

Thanks!

 

Gerald Hibbs

Xi'an, China

[Randy W]

The USCIS deleted all their old web pages, before creating these new ones:

 

USCIS website

[hibbs02]

Yeah, I've been to that website. Previously the concept of not personally being able to fill in the I-139 due to low income (I work in China for heavens sake, when I lived in America it wouldn't have been a problem) was specifically addressed. Now it just says, "Here's the form, have fun!"

 

Also, what is the difference between the I-139 affadavit of support and the I-864 affadavit of support?

[hibbs02]

Might I also add that I've been truly wrapping my brain around this process for the last several hours and my response has been, "What fresh hell is this?" I've been married to my wife for years now and am a U.S. citizen, but it's looking like its going to be a 6-9 month ordeal to get her a visa. Call me dangerously naive but previously I had imagined it more like a 1-2 month thing. Fill out some forms, show proof of marriage and bingo Bob's your brother welcome to America honey.

 

It's my fault for not doing the appropriate research sooner, I guess. I just figured there are a million people coming to the U.S. every year and the US government looks like they are going to arrange for another 50 million Mexicans to come in the next decade or so while I'm an American citizen wanting to bring my wife of several years home with me. I thought we'd move to the front of the line and it would be fairly simple.

 

I should have remembered when they wanted $30 to notarize a required document when we got married and extrapolated.

[Guest Duke]

Howdy,

 

I'm an American living in China. I met my wife here and we've been married for the last 2.5 years. We are ready to move back to the U.S. and start the long ordeal of getting her permission to immigrate.

 

My question is concerning the Affadavit of Support. Having lived in China I don't qualify right now for this and one of my brothers has agreed to do the forms for us. But since I last looked the official websites seem to have changed and I'm can't find the information on a relative signing the affadavit of support. Is it just the standard I-134 form and then under relationship to petitioner he puts "Brother's Wife?" or is there a different form for him to fill out?

 

Could anyone point to an official website with the latest information addressing this question as well as the appropriate forms?

 

Thanks!

 

Gerald Hibbs

Xi'an, China

 

Since you are married and living in China, you will probably find it best to file for an IR1 visa through a Direct Consular Filing. In this case, you will not use the I-134. The sponsor will file an I-864 or 864a. Good luck. Be prepared for up to about 9 months of processing, 6 if you get real lucky.

[sweattrl1]

Howdy,

 

I'm an American living in China. I met my wife here and we've been married for the last 2.5 years. We are ready to move back to the U.S. and start the long ordeal of getting her permission to immigrate.

 

My question is concerning the Affadavit of Support. Having lived in China I don't qualify right now for this and one of my brothers has agreed to do the forms for us. But since I last looked the official websites seem to have changed and I'm can't find the information on a relative signing the affadavit of support. Is it just the standard I-134 form and then under relationship to petitioner he puts "Brother's Wife?" or is there a different form for him to fill out?

 

Could anyone point to an official website with the latest information addressing this question as well as the appropriate forms?

 

Thanks!

 

Gerald Hibbs

Xi'an, China

 

Since you are married and living in China, you will probably find it best to file for an IR1 visa through a Direct Consular Filing. In this case, you will not use the I-134. The sponsor will file an I-864 or 864a. Good luck. Be prepared for up to about 9 months of processing, 6 if you get real lucky.

i know how you fellows feel , i was thinking as you did to , but now i know the china to usa route is very hard and flustrating , but the mexico to usa route is just a hop and a dash across the border deal,proud to be a america

[dnoblett]

Yeah, I've been to that website. Previously the concept of not personally being able to fill in the I-139 due to low income (I work in China for heavens sake, when I lived in America it wouldn't have been a problem) was specifically addressed. Now it just says, "Here's the form, have fun!"

 

Also, what is the difference between the I-139 affidavit of support and the I-864 affidavit of support?

Yes there is a difference between the I-134, and I-864.

 

The I-134 is used for non-immigrant visas, like K-1, and K-3

The I-864 is used for immigrant visas, like CR-1, IR-1, and DCF cases. (You will probably be doing the DCF for and IR-1 visa)

 

They are not interchangeable.

 

A few more pointers, if you have not filed with the IRS thinking out of country income dose not count, you need to file late, the consulate will request copies of your past years returns to be included with your Affidavit of support, or a good reason why you claim you are exempt.

 

Also you need to maintain domicile in the states, claim parent's home.

 

Finally you will probably need to show a co-sponsor that can support you and your wife back in the states, a parent again makes a good co-sponsor, they will also do an I-864 or I-864A

 

http://travel.state.gov/visa/immigrants/info/info_1328.html

http://travel.state.gov/visa/immigrants/info/info_1329.html

 

USCIS Forms

 

I-864

I-864A

Edited November 17, 2006 by dnoblett (see edit history)

[hibbs02]

Thanks for the clarification re: the affadavit of support. Regarding income taxes. I'm a teacher making less than $4000 per year (when I was actually working, as I lived the first year or so off of savings). My understanding was that I was indeed exempt and need not file income taxes with the US especially as the first like. . .what $60-75,000 or so weren't taxed by the US.

[dnoblett]

Thanks for the clarification re: the affadavit of support. Regarding income taxes. I'm a teacher making less than $4000 per year (when I was actually working, as I lived the first year or so off of savings). My understanding was that I was indeed exempt and need not file income taxes with the US especially as the first like. . .what $60-75,000 or so weren't taxed by the US.

 

From instructions included with form I-864:

 

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

 

It sounds like your income is below the line for single, or Married filling jointly, but for married filing separately you may have a problem. Form 1040 instructions chart A on page 12 shows, minimum income for Single is $8450, Married/Joint file is $16,900, but Married with Separate filings is $3,300. I don't know what tax filing status the, counselor officer will consider you since your wife is not yet a U.S. LPR, it is a gray area that your income falls into.

 

You may want to late file a 1040, you wont pay any taxes, but your income will be recorded by the IRS, or make a note explaining why no filing and see what the Counselor officer says at your visa interview.

 

http://www.irs.gov/pub/irs-pdf/i1040.pdf

[david_dawei]

This is a little dated.. but I think the parts I quote still hold... Although this is USCIS, I would think the DOS holds the same position.

 

http://www.immigrationlinks.com/news/news214.htm

 

"Generally after April 15, a sponsor can be expected to have completed the Federal tax return for the previous year. If an extension was requested the sponsor should provide proof of filing for the extension. If a sponsor did not file tax returns, he or she must prove that there was no obligation to file. Note that U.S. citizens generally have an obligation to file Federal tax returns on non-U.S. earnings, even if there was no tax liability.

 

If a sponsor should have filed, they must file retroactively and provide proof of filing. Note that U.S. citizens employed abroad must file U.S. tax returns on foreign earnings, even if they have no tax liability.

 

Offices should encourage submission of IRS transcripts of tax returns in place of photocopies of tax returns. Photocopies of Forms W-2 and 1099 must still be submitted. Tax transcripts provide proof that the returns were filed with IRS, are easier to read, take up less room in the file, and are easily obtained. The most desirable way to obtain these documents is to order them, free of charge, by sending IRS Form 4506 to IRS. (It is also possible to get transcripts by phone or by going to a local IRS office in person, but the transcripts obtained through these means are somewhat less desirable.)"

[hibbs02]

Thanks for all the info. I've contacted my tax person and will arrange to file to meet demands.