Affidavit of Support Questions

[hps84]

My wife and I live in China and are planning on moving to the USA and are in the process of obtaining the spouse visa for her. We have already gone through the first steps at the Ganzhou consulate and she is scheduled to do the immigration interview. We are preparing our documents and I had a few questions about what exactly we will need, especially with regard to filling out the I-134, the affidavit of support. I would greatly appreciate any advice anyone has on it.

 

1- First of all, we are currently living in China but I obviously have residency status in the USA. When I am filling out the sections on the affidavit of support for my physical and mailing address which address goes where? In other words, I am living in China but does "physical address" refer to my official residence in the USA? I assume the mailing address just refers to where I get my mail in China.

 

2- My next question is about employment. I am currently working in China but will not have a job in the USA when I return. Should I fill in the section on employment with my current employer and income with my current income? Or should I leave them blank because I won't have them in the USA and they are useless for determining my ability to support my wife in the USA? I have heard different advice on this question and thought this would be a good place to ask for more. ( I know the specifics of financial support and can meet them with a co-sponsor so the job isn't how I'll reach the threshold).

 

Thank you very much!

[Randy W]

If you are married, you need to file the I-130 for a spousal visa. The I-864 is the Affidavit of Support you will file - it is a "contract" between yourself and the federal government stating what resources are available to support your wife.

 

Answer the questions truthfully, including questions about your employment.

 

The Consular official is required by law to look beyond the I-864 in making a determination of whether your wife might become a public charge in the U.S. Evidence of an ongoing career and/or an active job search will help your case, as will a domicile. Where will you hang your hat when she first arrives in the U.S.?

[dnoblett]

I-134 is only used for non-immigrant visas such as B-2 and K-1 fiance visas. You will be required to provide an I-864 for sponsoring an immigrant.

 

Study topics tagged I-864 and also tagged Domicile.

 

http://candleforlove.com/forums/tags/forums/I-864/

http://candleforlove.com/forums/tags/forums/Domicile/

[hps84]

Okay, I'm now filling out the correct paperwork ( the I864) and not the I 134, which would be completely useless for the immigrant visa we are applying for. Having done some research on the I-864 i still have some questions about it which from what I've seen haven't been dealt with specifically on here yet.

 

1. For current annual income I planned on filling in what I earned in 2015 since I currently have the same job and salary. Obviously I intend to move to the USA and won't earn that exact amount but is there any better way to fill in that question?

 

2. Like many people who work abroad for a few years and then come back I will not have a job lined up before my return. Is this some kind of red flag for the consulate? On a related note, if I use assests to meet the financial requirements or have a cosponsor help me how much focus will there be on my tax information? My jobs in China and Russia and my income there say absolutely nothing about my ability to support my wife in the US. Also, my domicile in the US is my parents house and we will be staying there when we arrive. Hopefully that suggests support and the idea that she won't become a "public charge"

 

3. I have copies of my 1040's, all made before they were signed and sent to the IRS (an accountant sent them to me along with the copies that were signed and sent out). Is that going to be a problem? Everyone seems so worried about clerical errors and things that aren't errors but that the consulate "might not like" so I thought i would see if thats some kind of outrageous error on my part.

 

Thanks again!

[Randy W]

Okay, I'm now filling out the correct paperwork ( the I864) and not the I 134, which would be completely useless for the immigrant visa we are applying for. Having done some research on the I-864 i still have some questions about it which from what I've seen haven't been dealt with specifically on here yet.

 

1. For current annual income I planned on filling in what I earned in 2015 since I currently have the same job and salary. Obviously I intend to move to the USA and won't earn that exact amount but is there any better way to fill in that question?

 

2. Like many people who work abroad for a few years and then come back I will not have a job lined up before my return. Is this some kind of red flag for the consulate? On a related note, if I use assests to meet the financial requirements or have a cosponsor help me how much focus will there be on my tax information? My jobs in China and Russia and my income there say absolutely nothing about my ability to support my wife in the US. Also, my domicile in the US is my parents house and we will be staying there when we arrive. Hopefully that suggests support and the idea that she won't become a "public charge"

 

3. I have copies of my 1040's, all made before they were signed and sent to the IRS (an accountant sent them to me along with the copies that were signed and sent out). Is that going to be a problem? Everyone seems so worried about clerical errors and things that aren't errors but that the consulate "might not like" so I thought i would see if thats some kind of outrageous error on my part.

 

Thanks again!

 

 

1. Always answer the questions and tell the truth. Simple enough.

 

2. Many people "work abroad for a few years and then come back" - the consulate is aware of this. Hopefully, you have a CAREER in mind and can show some evidence of an active job search - contacts, job possibilities, interviews, salary expectations, etc. Many line up a co-sponsor. The Consulate is required to look to the "totality of circumstances" BEYOND the I-864 in making a determination of whether the intending immigrant might become a public charge.

 

3. Your tax returns are REQUIRED. This is not a problem. If you don't have the tax returns, the IRS transcripts can be submitted instead. You are, in effect, submitting EVERYTHING signed under oath.