Affidavit of support... IC, K3 or what?

[Erthwhile 0]

Hi there,

I'm italian, and I'm gonna marry my wonderful fiancé (American) in Italy in September. We plan to live in Italy for a while and perhaps after then moving to the US. The question is: what's the best way for us to obtain an affidavit of support? I mean, she's going to take her residency here to Italy, to study for her master's degree and to work here in Italy. Can she sponsor me from Italy? Or is that a problem?

As she doesn't want to ask her family to sponsor us (the only one who would possibly sponsor us is her dad, American yes but living in Japan), what are our possibilities?

Also, should she go back to America, and start working there... How long should she work there in order to prove she has enough funds? Can't I transfer my funds to her bank account so that she can use them? (I have around 50000 eur in my bank account)?

Thanks a lot!

[YuAndDan 153]

She could file for DCF and file for immigrant visa for you directly at the US Consulate in Italy, however she needs to maintain US domicile to do so. SEE: http://italy.usembassy.gov/visa/immigrant/application.asp (This is the quickest and easiest way to do this, rather than file in the USA) This results in an immigrant visa, that allows work. K-3 is not work authorized.

In order to apply for an Immigrant visa the US Citizen spouse MUST sponsor the immigrant and file I-864 and this requires US domicile. So she should not give up US domicile, (She should maintain US drivers license, bank accounts, mail address, voter reg, file IRS returns, etc...)

US income level can be found here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Assets can also be used but they are only worth 1/3 income, that is if income falls below 125% poverty line by 1000 then 3000 in liquid assets will need to be shown. Yes you can transfer funds to a US bank account and they can be used as an asset.

Edited June 8, 2008 by YuAndDan

[MamaAsiya 8]

Hi Rob,

In addition to what was just mentioned, it is my understanding that your income and assets can be included in the I-864. She can include your income under household income and then file an I-864A (http://www.uscis.gov/files/form/I-864A.pdf), contract between sponsor and household member.

Hope that helps!

Edited June 9, 2008 by MamaMdoe

[YuAndDan 153]

Hi Rob,

In addition to what was just mentioned, it is my understanding that your income and assets can be included in the I-864. She can include your income under household income and then file an I-864A (http://www.uscis.gov/files/form/I-864A.pdf), contract between sponsor and household member.

Hope that helps!

Not correct, foreign person can only include income IF they are already in the USA and working in the USA, they cannot use I-864A on foreign income.

Example, a person enters the USA on a K-3, and files for EAD and get's a full time job, they can then use that income, and provide an I-864A as a member of the USC Spouse/Sponsor's household.

[pushbrk 12,898]

Hi Rob,

In addition to what was just mentioned, it is my understanding that your income and assets can be included in the I-864. She can include your income under household income and then file an I-864A (http://www.uscis.gov/files/form/I-864A.pdf), contract between sponsor and household member.

Hope that helps!

Not correct, foreign person can only include income IF they are already in the USA and working in the USA, they cannot use I-864A on foreign income.

Example, a person enters the USA on a K-3, and files for EAD and get's a full time job, they can then use that income, and provide an I-864A as a member of the USC Spouse/Sponsor's household.

An exception would be when the foreign income would continue from the same source after US arrival. This doesn't work for K visas.

[MamaAsiya 8]

Hi Rob,

In addition to what was just mentioned, it is my understanding that your income and assets can be included in the I-864. She can include your income under household income and then file an I-864A (http://www.uscis.gov/files/form/I-864A.pdf), contract between sponsor and household member.

Hope that helps!

Not correct, foreign person can only include income IF they are already in the USA and working in the USA, they cannot use I-864A on foreign income.

Example, a person enters the USA on a K-3, and files for EAD and get's a full time job, they can then use that income, and provide an I-864A as a member of the USC Spouse/Sponsor's household.

An exception would be when the foreign income would continue from the same source after US arrival. This doesn't work for K visas.

I see... thank you for clarifying. VJers like you have made everything so much easier

Edited June 10, 2008 by MamaMdoe

[shiri 0]

An exception would be when the foreign income would continue from the same source after US arrival. This doesn't work for K visas.

This shows how much of a newbie I really am... so with the K visas...they are only non-immigrant visas until the immigrant visa is approved right? I filed both in hopes he would get here quicker, but I want him to be able to work.

[TrueNorth 0]

"An exception would be when the foreign income would continue from the same source after US arrival. This doesn't work for K visas."

This is confusing. Say the foreign spouse is in the US and files AOS but has a job working online for a company in their original country. Can they still work that job considering it isn't a US job and they don't need authorization to work it? Or say, can they include that foreign income because they can continue to work it after they become a permanent resident?

I was wondering about online work because I work online and was told by a lawyer in Canada that it's a grey area and there are no laws right now saying you can't work your job online from the foreign country. For example if I go to say, England, I should still be able to work my job in the US online. My coworker went to Europe and worked her shifts while touring there.

COuldn't that income be included then, because it will continue from the same source?

Edited July 29, 2008 by TrueNorth

[pushbrk 12,898]

"An exception would be when the foreign income would continue from the same source after US arrival. This doesn't work for K visas."

This is confusing. Say the foreign spouse is in the US and files AOS but has a job working online for a company in their original country. Can they still work that job considering it isn't a US job and they don't need authorization to work it? Or say, can they include that foreign income because they can continue to work it after they become a permanent resident?

I was wondering about online work because I work online and was told by a lawyer in Canada that it's a grey area and there are no laws right now saying you can't work your job online from the foreign country. For example if I go to say, England, I should still be able to work my job in the US online. My coworker went to Europe and worked her shifts while touring there.

COuldn't that income be included then, because it will continue from the same source?

Working in the US is working in the US. The law doesn't state "work for US employer". I used to work in the US for a Canadian employer. I suppose in a way though, it is a gray area. My co-workers traveled to the US quite often to do consulting and help with trade shows and presentations but were paid in Canada for working in Canada.

Whether the income would be includable is another issue entirely. It would be as a immigrant (IR1/CR1) because the immigrant immediately becomes a US employee and becomes subject to US tax laws and witholding etc.

A passive income like a pension or investment income would certainly be considered but "earning and income" derived from work in the USA, when not work authorized, while a gray area legally, would not likely be considered "gray" by USCIS or a Consular officer.