AFFIDAVIT OF SUPPORT....PLEASE HELP US

[TennesseeRed 0]

i'll try to make this as brief as possible...my husband and i who got married in november need to file our affidavit of support for his EAD and AOS. i don't make enough money so we asked my dad who has said he can't do it. to keep this short, just trust me when i say that there are absolutely no other problems with our case, we have a lawyer and everything and all we need is the AFFIDAVIT OF SUPPORT and everything else is filed. basically, last week he went for his biometrics and about 2 days later we recieved a request for initial evidence...I-865, affidavit of support. we spoke to my dad again to see if he changed his mind and he hasnt because he isn't comfortable with the responsibility it puts on him and for the length of time the contract is valid. he told me i may have to make the difficult decision of quitting school for a while to work full time and doing the affidavit of support myself, which i am willing to do, but i thouht you need 3 years of previous tax returns. does anyone know if there is a way to prove that you just started working full time but with the money you are earning you will make 125% of the poverty level? if i can do this my dad and i could file jointly. our lawyer has said that the sponsor and immigrant can draw up a private contract with certain conditions regarding the affidavit of support, such as, "if we get divorced, i break this contract with you" or "if i go a certain length of time, the contract is broken" etc. has anyone else encountered this or done anything else when filing the affidavit of support. this is the ONLY thing standing in our way. if anyone has any suggestion please, we are desperate.

[scy 0]

i'll try to make this as brief as possible...my husband and i who got married in november need to file our affidavit of support for his EAD and AOS. i don't make enough money so we asked my dad who has said he can't do it. to keep this short, just trust me when i say that there are absolutely no other problems with our case, we have a lawyer and everything and all we need is the AFFIDAVIT OF SUPPORT and everything else is filed. basically, last week he went for his biometrics and about 2 days later we recieved a request for initial evidence...I-865, affidavit of support. we spoke to my dad again to see if he changed his mind and he hasnt because he isn't comfortable with the responsibility it puts on him and for the length of time the contract is valid. he told me i may have to make the difficult decision of quitting school for a while to work full time and doing the affidavit of support myself, which i am willing to do, but i thouht you need 3 years of previous tax returns. does anyone know if there is a way to prove that you just started working full time but with the money you are earning you will make 125% of the poverty level? if i can do this my dad and i could file jointly. our lawyer has said that the sponsor and immigrant can draw up a private contract with certain conditions regarding the affidavit of support, such as, "if we get divorced, i break this contract with you" or "if i go a certain length of time, the contract is broken" etc. has anyone else encountered this or done anything else when filing the affidavit of support. this is the ONLY thing standing in our way. if anyone has any suggestion please, we are desperate.

Are you going to disclose this "private" contract between the sponsors and the immigrant to USCIS? In essence you are changing/adding onto the terms of the I-864 contract. If USCIS knows about this, it's not gonna fly. They are not going to allow you to unilaterally change the terms of the sponsor's I-864 contract. If USCIS doesn't know about it and later on it is litigated, then it's not gonna fly. You should get a second opinion on this "private" contract thing with a different attorney.

You don't need to submit three years of tax returns, although it is helpful. You can submit last year's tax return.

If I was in your situation I would submit as many tax returns as I can, as many current paystubs as I can, and write a nice letter explaining your situation that you just started work full time but expect to make above the poverty guidelines for your household. I take it the immigrant can't work because he doesn't have an EAD. Once he starts working legally, you use his income on the I-864.

[TennesseeRed 0]

anyone else...come on. please. any suggestions would help.

[TennesseeRed 0]

oh, and one question...how are we supposed to use my husband's eventual income on the I-864? he won't get his EAD until we have filed the I-864 and it's been approved.

[tom_g 3]

It might be worth getting the lawyer to meet with your dad, to explain the technicalities of the affidavit.

Its only until your husband is a naturalised US citizen - which isn't too far in the future, well short of the ominous sounding "40 qualifying quarters...", and he's only really liable for big medical bills picked up by the state. There have only been a couple of cases of the beneficiary sueing the petitioner for continued support through the I864, and neither of those cases have involved a co-sponsor. Basically, its not like he's got to open up his retirement fund and let the pigs feed at the trough

I feel your pain, at first both my in-laws refused, with the same lame "i don't feel comfortable with this..." excuse. (And I'm sorry but if you're not "comfortable" with your child's commitment to a future spouse, then you've got issues. (personal rant, there, sorry)). Anyway, my mother-in-law gave in after speaking to her brother who'd gone through the k1 process already, and basically told her the I-864 is a bunch of #######, and don't worry about it.

[Niels Bohr 72]

According to the I-864, you must file one with I-864a from your father if you need a co-sponsor. I don't understand why your father woudn't trust you since you are in school planning your future. Your judgement is trust-worthy; however, I don't know your current situation.

Anyway, if something happens between you and your spouse, you will no longer be responsible for him. The I-864 and I-864a is only an agreement between the head of household (you), and the sponsor (father). If you don't have enough to sustain the cost of living for your husband, your father will be there to act as a cushion.

As far as three year tax returns, I am not sure. But, you will be receiving a notice to whether or not they'll need more tax returns. I'd suggest for now to use your recent tax returns. Don't include paystubs unless they ask for it. It's more clearer to the adjudicator if an employment letter is used. The employment letter is more secure into locking you with the I-864. I have no proof on this, but, it seems to me to be much more clearer than a paystub.

Technically, all you need is NOA 1 to file for EAD. EAD is an employment authorization which has no bearing on whether or not he'll be able to adjust status. Please fill in your timeline, this may help other experienced members evaluate your options.

Edited March 13, 2008 by consolemaster