afidaviat of support

[globetrotter 0]

1. Just checking that the minimum earnings required to be allowed to be the sponsor is $12,000 per annum based on supporting 2 people.

2. My fiance has a job that is due to end in June.. do they take into account whether it is a fixed term contract or not? If they do what should we do in this case? He has the offer of a job to start some time in the summer but am not sure of details yet...

[john_and_marlene 162]

1. Just checking that the minimum earnings required to be allowed to be the sponsor is $12,000 per annum based on supporting 2 people.

#.....................100%......125%

2.....................13,200....16,500

Edited May 3, 2006 by john_and_marlene

[globetrotter 0]

1. Just checking that the minimum earnings required to be allowed to be the sponsor is $12,000 per annum based on supporting 2 people.

#.....................100%......125%

2.....................13,200....16,500

Thanks for replying... but I don't understand what you are saying..??? sorry!

[john_and_marlene 162]

1. Just checking that the minimum earnings required to be allowed to be the sponsor is $12,000 per annum based on supporting 2 people.

#.....................100%......125%

2.....................13,200....16,500

Thanks for replying... but I don't understand what you are saying..??? sorry!

The guidelines for support require 125% of the poverty level. For a family of 2 that is $16,500 ... not the $12,000 you stated.

[globetrotter 0]

Thanks for the reply... anyone got any advise on part 2 of my question?

2. My fiance has a job that is due to end in June.. do they take into account whether it is a fixed term contract or not? If they do what should we do in this case? He has the offer of a job to start some time in the summer but am not sure of details yet...

[TracyTN 237]

They take into account whether or not your fiance can support you when you get here. If his job has ended, they will want to know what $ he has in the bank and what other assets or means he has at his disposal to support you, or if he is getting a new job - what would that pay be and when would it start?

Failing that, then you'll need a cosponsor.

Edited May 3, 2006 by TracyTN

[Yodrak 7]

globetrotter,

They certainly do. How's your fiance going to support you if his contract has ended and he's out of work?

Jobs can be terminated, offers can be terminated even more easily so might not be of any use. As they say, "show me the cash".

Yodrak

...

2. My fiance has a job that is due to end in June.. do they take into account whether it is a fixed term contract or not? If they do what should we do in this case? He has the offer of a job to start some time in the summer but am not sure of details yet...

[globetrotter 0]

so what is with the fact that I am a modern girl who can support myself!!?? My job will not end when I go to the USA thanks to the flexible employers I have.....

globetrotter,

They certainly do. How's your fiance going to support you if his contract has ended and he's out of work?

Jobs can be terminated, offers can be terminated even more easily so might not be of any use. As they say, "show me the cash".

Yodrak

...

2. My fiance has a job that is due to end in June.. do they take into account whether it is a fixed term contract or not? If they do what should we do in this case? He has the offer of a job to start some time in the summer but am not sure of details yet...

Edited May 4, 2006 by globetrotter

[TracyTN 237]

You didn't state that about your job before, globetrotter. We were replying about your fiance's contract job ending and what issues that may present you.

If you will still be employed when you get to the States, that may be taken into consideration. You'd probably have to get temporary EAD - via JFK airport - (and then apply for EAD right away) in order to do that, though.

And I'm not sure how that would be documented for them to see in London, but I'm sure someone here has done that before.

[globetrotter 0]

NO, no, no... I am not going to be employed in the USA... I will be employed in the UK, just working from home (which happens to be in the USA)..... I did not think this was going to be an issue...

You didn't state that about your job before, globetrotter. We were replying about your fiance's contract job ending and what issues that may present you.

If you will still be employed when you get to the States, that may be taken into consideration. You'd probably have to get temporary EAD - via JFK airport - (and then apply for EAD right away) in order to do that, though.

And I'm not sure how that would be documented for them to see in London, but I'm sure someone here has done that before.

Edited May 4, 2006 by globetrotter

[TracyTN 237]

I've seen conversations and threads about this before (living in the US and 'working' from the UK or Canada). Seems like the consensus was that the IRS and the government would see it as an issue, but I'll defer to others to come in and refresh my memory.

[Yodrak 7]

globetrotter,

It is an issue - as you say, you will be working in the USA. Who you are working for does not change anything - there are a lot of foreign employers here in the USA.

As Aussiewench recommended to you in your other thread, read 9 FAM 40.41 Notes, in particular N4.6-2.f(1) (I think that paragraph may apply to your circumstances).

Yodrak

NO, no, no... I am not going to be employed in the USA... I will be employed in the UK, just working from home (which happens to be in the USA)..... I did not think this was going to be an issue...

You didn't state that about your job before, globetrotter. We were replying about your fiance's contract job ending and what issues that may present you.

If you will still be employed when you get to the States, that may be taken into consideration. You'd probably have to get temporary EAD - via JFK airport - (and then apply for EAD right away) in order to do that, though.

And I'm not sure how that would be documented for them to see in London, but I'm sure someone here has done that before.

Edited May 4, 2006 by Yodrak

[globetrotter 0]

OK so now I am worrying about something I did not even know I had to worry about before. How can I find out if this really will be an issue? I am confused because I would say that I will NOT be working in the USA......

yet you seem to say that I am...???

Man! Now I am all stressed and worried about if we will make it through everything in time for the wedding in October ...

globetrotter,

It is an issue - as you say, you will be working in the USA. Who you are working for does not change anything - there are a lot of foreign employers here in the USA.

As Aussiewench recommended to you in your other thread, read 9 FAM 40.41 Notes, in particular N4.6-2.f(1) (I think that paragraph may apply to your circumstances).

Yodrak

NO, no, no... I am not going to be employed in the USA... I will be employed in the UK, just working from home (which happens to be in the USA)..... I did not think this was going to be an issue...

You didn't state that about your job before, globetrotter. We were replying about your fiance's contract job ending and what issues that may present you.

If you will still be employed when you get to the States, that may be taken into consideration. You'd probably have to get temporary EAD - via JFK airport - (and then apply for EAD right away) in order to do that, though.

And I'm not sure how that would be documented for them to see in London, but I'm sure someone here has done that before.

[TracyTN 237]

OK so now I am worrying about something I did not even know I had to worry about before. How can I find out if this really will be an issue? I am confused because I would say that I will NOT be working in the USA......

yet you seem to say that I am...???

Man! Now I am all stressed and worried about if we will make it through everything in time for the wedding in October ...

I don't see the confusion. You said that you will be working once you physically arrive in the US - that your employer will be your current employer. As Yodrak said, who you work for is of no consequence. You will still be here, working, without work authorization. If you would 'say' that you will NOT be working, then that is a misrepresentation.

As I suggested above (but was ignored), you could use JFK airport as your point of entry into the US and request to receive a temporary work authorization (EAD) stamp. It is only valid for 90 days, so you could legally work during that time.

However, once that 90 days is up, you would have to cease work until your AOS work authorization is approved (assuming you would apply for AOS as soon as possible). This 'gap' is why most folks don't bother with temporary EAD. But, at least you would have 90 days of earning money under your belt (and in the bank).

[Yodrak 7]

globetrotter,

Yet you say that you will be in the USA and you will be working.

Call the White House - 'W' could use a speech writer like you.

Yodrak

... I would say that I will NOT be working in the USA......

...