Is a US citizen living abroad under the financial affidavit requirement?

12-03-2006, 12:34 AM

That is, while awaiting my wife's GC or K3 visa...

My wife and I are considering for me to move down to DR and file her
GC/visa at the DR embassy instead.

Thus, will I need to provide some sort of income? I hope I explained
myself correctly. Thank you all.

Any opinions?

G.

12-03-2006, 01:03 AM

> That is, while awaiting my wife's GC or K3 visa...
>
> My wife and I are considering for me to move down to DR and file her
> GC/visa at the DR embassy instead.
>
> Thus, will I need to provide some sort of income? I hope I explained
> myself correctly. Thank you all.
>
>
> Any opinions?
>
>
> G.

Not an opinion, but fact. The USC spouse has to file an approvable
affidavit of support for the spouse they are sponsoring.

__________________
I'm not an attorney. This disclaimer is valid in NYS!

12-03-2006, 01:12 AM

> Not an opinion, but fact. The USC spouse has to file an approvable
> affidavit of support for the spouse they are sponsoring.

Thanks Rete, this brings a question: Which income do they consider? Is
it the most current one with recent paystubs or the one from the year
before (ie. 2005 tax docs)

Also, are there any legal loopholes to live there and still provide an
approvable affidavit? For example, begin the filing here in the States
and at least wait here until it's time to file the affidavit of support
AND THEN moving there?

Best regards,

G.

12-03-2006, 01:22 AM

> Thanks Rete, this brings a question: Which income do they consider? Is
> it the most current one with recent paystubs or the one from the year
> before (ie. 2005 tax docs)
>
> Also, are there any legal loopholes to live there and still provide an
> approvable affidavit? For example, begin the filing here in the States
> and at least wait here until it's time to file the affidavit of
> support AND THEN moving there?
>
> Best regards,
>
> G.

Current income. You do need to provide your last 3 years tax
returns (probably...depends on the consulate whether they require
all 3 past years, but most likely yes). But they base the I-864 on
your current income. You will provide pay stubs and an employment
letter to prove this.

I don't follow you here...live where? Move where? You must be
employed, and show the approved amount for the I-864, at the time of her
consulate interview. If you yourself don't meet those requirements,
you'll have to have a joint sponsor.

Rene

12-03-2006, 01:23 AM

> That is, while awaiting my wife's GC or K3 visa...
>
> My wife and I are considering for me to move down to DR and file her
> GC/visa at the DR embassy instead.
>
> Thus, will I need to provide some sort of income? I hope I explained
> myself correctly. Thank you all.
>
>
> Any opinions?
>
>
> G.

You won't be waiting for your wife's GC. You'll be waiting for her
Immigrant Visa interview or K3 interview.

Rene

12-03-2006, 01:26 AM

> Thanks Rete, this brings a question: Which income do they consider? Is
> it the most current one with recent paystubs or the one from the year
> before (ie. 2005 tax docs)
>
> Also, are there any legal loopholes to live there and still provide an
> approvable affidavit? For example, begin the filing here in the States
> and at least wait here until it's time to file the affidavit of
> support AND THEN moving there?
>
> Best regards,
>
> G.

Are you saying begin the I-130 process in the USA, and then after
turning in the I-864 here in the USA, you will MOVE to the DR? If you
move there, why would she be coming to the USA? Or did you just mean go
stay in the DR until she gets her visa? You can go stay there until she
gets her visa, but you will have to show that you're still currently
employed and earning the correct amount. If you can take vacation time
from work, or a leave of absence and still keep your job, that would be
OK. But you wouldn't be able to turn in the I-864, then quit your job
to go to the DR to wait it out with her....why, because at the
interview, your I-864 will not reflect your current employment and
income status.

Rene

12-03-2006, 01:32 AM

> Are you saying begin the I-130 process in the USA, and then after
> turning in the I-864 here in the USA, you will MOVE to the DR? If you
> move there, why would she be coming to the USA? Or did you just mean
> go stay in the DR until she gets her visa? You can go stay there
> until she gets her visa, but you will have to show that you're still
> currently employed and earning the correct amount. If you can take
> vacation time from work, or a leave of absence and still keep your
> job, that would be OK. But you wouldn't be able to turn in the I-864,
> then quit your job to go to the DR to wait it out with her....why,
> because at the interview, your I-864 will not reflect your current
> employment and income status.
>
> Rene

Makes perfect sense. However, would a considerable bank savings account
($50k) be able to provide some sort of affidavit support waiver?

G.

12-03-2006, 01:53 AM

> That is, while awaiting my wife's GC or K3 visa...
>
> My wife and I are considering for me to move down to DR and file her
> GC/visa at the DR embassy instead.
>
> Thus, will I need to provide some sort of income? I hope I explained
> myself correctly. Thank you all.
>
>
> Any opinions?
>
>
> G.

Most people doing DCF (Direct Consular Filing) who wish to be the sole
sponsor themselves, use assets to qualify. Assets must be 5 times the
shortfall in the required income for your household size. $50k is not
enough -- even assuming you only have a household of two (you and your
wife), you would need 5 x $16,500, or $82,500. BUT -- you may also use
the equity you have in real estate you own, value of stocks/bonds/other
financial instruments, etc. It has to be things that are considered
fairly "liquid".

Other than assets, you may use income in the US, which you probably
don't have if you are living abroad. Finally, if you don't meet the
requirements, you may enlist the help of a joint sponsor.

12-03-2006, 01:56 AM

> Makes perfect sense. However, would a considerable bank savings
> account ($50k) be able to provide some sort of affidavit
> support waiver?
>
> G.

Read the instructions to form I-864 (Affidavit of Support form) on USCIS
website (www.uscis.gov). It will answer many of your questions.

12-03-2006, 01:57 AM

> Most people doing DCF (Direct Consular Filing) who wish to be the sole
> sponsor themselves, use assets to qualify. Assets must be 5 times the
> shortfall in the required income for your household size. $50k is not
> enough -- even assuming you only have a household of two (you and your
> wife), you would need 5 x $16,500, or $82,500. BUT -- you may also
> use the equity you have in real estate you own, value of
> stocks/bonds/other financial instruments, etc. It has to be things
> that are considered fairly "liquid".
>
> Other than assets, you may use income in the US, which you probably
> don't have if you are living abroad. Finally, if you don't meet the
> requirements, you may enlist the help of a joint sponsor.

I am thinking they lowered that to 3X recently. The OP should double
check what the I-864 says about using assets.

Rene