Affidavid of Support I-864 joint sponsor?

[NiLi 0]

My mom is a joint sponsor because I have been living with my husband in his country for the past year and a half. My parents filled together and I was wondering if my father also has to fill out the affidavid of support I-864 form. My mom included his 1099 along with her W-2 for 2007 because they filled together. My dad is retired. If my dad has to fill out the form, it would pretty much be simular being that they share their assets .. is that correct?

I was also wondering if the full tax forms had to be included (the deductions, exemptions, etc.) or just the main front pages.

Also, being that I currently am unemployed and did not have an income for this year (only half of 2007) would that also pose a threat for my husband to come with me? Or is the fact that my parents have made well above the poverty level income and is sponsoring him make it okay? I have included the past 3 years of tax returns as well which has been over the poverty level. Any information would be helpful. Thanks!

[YuAndDan 153]

First you posted this to the K-3 visa forum, yet your profile shows "DCF" which is CR-1 visa. You should have posted to "Direct Consular Filing (DCF) General Discussion", "The Foreign Embassy and Consulate General Discussion", OR "IR-1 / CR-1 Spouse Visa General Discussion". K-3 uses I-134 Affidavit of support.

To answer your question, one parent fills out I-864, and other fills out I-864A.

NOTE: You will need to show that you maintained US domicile, because you MUST provide an I-864 as primary sponsor, and I-864 REQUIRES US Domicile.

More info: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[YuAndDan 153]

You may want to correct profile and timeline to show CR-1 (DCF) NOT K-3, you cannot apply for a K-3 using DCF.

http://www.visajourney.com/forums/index.ph...rCP&CODE=01

Edited September 17, 2008 by YuAndDan

[NiLi 0]

My mom is a joint sponsor because I have been living with my husband in his country for the past year and a half. My parents filled together and I was wondering if my father also has to fill out the affidavid of support I-864 form. My mom included his 1099 along with her W-2 for 2007 because they filled together. My dad is retired. If my dad has to fill out the form, it would pretty much be simular being that they share their assets .. is that correct?

I was also wondering if the full tax forms had to be included (the deductions, exemptions, etc.) or just the main front pages.

Also, being that I currently am unemployed and did not have an income for this year (only half of 2007) would that also pose a threat for my husband to come with me? Or is the fact that my parents have made well above the poverty level income and is sponsoring him make it okay? I have included the past 3 years of tax returns as well which has been over the poverty level. Any information would be helpful. Thanks!

Sorry for the confusion.. thanks for your help!

First you posted this to the K-3 visa forum, yet your profile shows "DCF" which is CR-1 visa. You should have posted to "Direct Consular Filing (DCF) General Discussion", "The Foreign Embassy and Consulate General Discussion", OR "IR-1 / CR-1 Spouse Visa General Discussion". K-3 uses I-134 Affidavit of support.

To answer your question, one parent fills out I-864, and other fills out I-864A.

NOTE: You will need to show that you maintained US domicile, because you MUST provide an I-864 as primary sponsor, and I-864 REQUIRES US Domicile.

More info: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Sorry for the confusion.. thanks for your help! smile.gif

[DGAB2008 3]

First, if your interview is this year, Form i-864 requires you show 125% the 2007 poverty guidelines, which would mean you earned $17,113. If your interview is in 2009, 125% of 2008 poverty guidelines would equal $17,500 for a family of 2. To prove up your income, you would produce either a photocopy of your tax return (the entire filing), or a transcript provided by IRS.

However, before you did any of that, you would need to make sure you establish domicile in U.S. because no co-sponsor can do that for you.

How is domicile determined?

To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future.

Many U.S. citizens reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time.

• He/she intended to maintain a domicile in the United States, and

• He/she has evidence of continued ties to the United States.

Produce whatever evidence you have to show that you have maintained domicile even though you've lived abroad for 1 1/2 years. Do you have any rent receipts, utilities in your name, proof of voting absentee while abroad, proof your driver's license, bills, magazine subscriptions, etc. still go to your U.S. address. If this is a sticky point for you, maybe you should vote, by absentee ballot in this Presidential Election to at least show you have continued ties to U.S. If you can't prove up domicile, the rules state that you would have to come back to the U.S. and reestablish domicile before you submit your application for support.

As for your income. Assuming your interview is this year, you would produce your 2007 income tax. If you don't use a co-sponsor, having worked for half of 2007, you would have to show that you still earned the required income, or form I-864 instructions say that you can prove up enough assets. So you would take the difference between your income and 125% of the guidelines. So, say you made $10,000 in 2007 the difference is approximately $7,113. Multiply that by 5. So you would have to show you have an additional $35, 565 in assets.

OR,

Your parents would show that they made $17,113, or that their assets are at least valued at least 5 times the difference in income.

As your parents are co-sponsoring, it looks like the only issue is your ability to prove up domicile.

I'm keeping you in my prayers.