AOS without "domicile" ?

[Dr.Sailor 0]

Good Day everbody..

I have a question about filling AOS form I-864, my USC wife never lived or worked in US and she is abroad since her birth.. I do have a good income here and a good deal of liquid money in my bank account.. Is there anyway we can get over this AOS issue as we don't have a finicial sponser in US right now...

Plz help

[malego77 2]

Good Day everbody..

I have a question about filling AOS form I-864, my USC wife never lived or worked in US and she is abroad since her birth.. I do have a good income here and a good deal of liquid money in my bank account.. Is there anyway we can get over this AOS issue as we don't have a finicial sponser in US right now...

Plz help

The best choice is that you try to find someone as a co-sponsor, but if you don't have none I think that you can call to USCIS and ask for cancel/standby the AOS. If you will be able to find a co-sponsor your wife can attach an explanation letter where she explains the reason by she didn't work abroad. She can attach documentation extra -ex. school records- which shows that she wasn't able to work.

Good luck.

[trailmix 77]

Good Day everbody..

I have a question about filling AOS form I-864, my USC wife never lived or worked in US and she is abroad since her birth.. I do have a good income here and a good deal of liquid money in my bank account.. Is there anyway we can get over this AOS issue as we don't have a finicial sponser in US right now...

Plz help

The best choice is that you try to find someone as a co-sponsor, but if you don't have none I think that you can call to USCIS and ask for cancel/standby the AOS. If you will be able to find a co-sponsor your wife can attach an explanation letter where she explains the reason by she didn't work abroad. She can attach documentation extra -ex. school records- which shows that she wasn't able to work.

Good luck.

I have already answered Dr.Sailor in PM, but just wanted to add something here.

Assets are completely acceptable for the affidavit of support - as long as you have sufficient assets which follow the guidelines provided on the I-864, it shouldn't be a problem. There is no need for someone with those assets to also get a co-sponsor.

The CO may ask for all three years tax returns from the sponsor, to ensure that there is viability of support - but I am sure many people immigrate where the sponsor is either not employed or only employed part-time - a student etc..

Edited March 2, 2008 by trailmix

[trailmix 77]

I have already answered Dr.Sailor in PM, but just wanted to add something here.

Assets are completely acceptable for the affidavit of support - as long as you have sufficient assets which follow the guidelines provided on the I-864, it shouldn't be a problem. There is no need for someone with those assets to also get a co-sponsor.

The CO may ask for all three years tax returns from the sponsor, to ensure that there is viability of support - but I am sure many people immigrate where the sponsor is either not employed or only employed part-time - a student etc..

I also wanted to add this:

(A) Joint Sponsor Needed . If the petitioner or substitute sponsor cannot demonstrate the ability to maintain an income of at least 125% (or 100% when applicable) of the Federal Poverty Guidelines, the intending immigrant may meet the Affidavit of Support requirement by obtaining a joint sponsor who is willing to accept joint and several liability with the principal sponsor as to the obligation to provide support to the sponsored alien and to reimburse agencies who provide means-tested benefits to the sponsored alien during the per iod that the Affidavit is enforceable. The joint sponsor must demonstrate income or assets that independently meet the requirements to support the sponsored immigrant(s). It is not sufficient for the combination of incomes of the primary sponsor, sponsored immigrant and joint sponsor to meet the threshold. [/b]

Therefore in his wife's (the sponsor's) case, it will probably be a good idea to at least have the paperwork from the Joint Sponsor available.

I am the sponsor in our visa petition and I am not currently working. We used assets but in addition I did have sufficient income in the last 3 years to prove the ability to maintain an income etc (albeit it was Canadian income, however I believe they did take that in to account as they requested the other 2 years of tax returns at my Husband's interview).

In a nutshell what I am saying is that they are looking at 2 things with the affidavit of support - assets or income to prove ability to support AND the sponsors ability to maintain that support.

I think every consulate/embassy has their own way of dealing with the AOS. It would be good if there was some input here from someone where the sponsor has not been employed for some time and the couple used assets only.

Edited March 2, 2008 by trailmix

[Dr.Sailor 0]

thanx for this great input trailmix...

I would really appreciate an input from somebody who went thru the same issue, ie, using the assests only for AOS...