K-1 visa affadavit of support

[thaigift 0]

I currently live in Thailand and I am applying for my fiance to come back with me to The United States. I have not worked in The United States for the last 3 years while I have lived here with my fiance in Thailand. I have bank statements in the United States that add up to a grand total of about $2,500-$3,000. Since the economy in America collapsed a few years back, so did my business here in Thailand, as I was exporting. The 3 business that was buying from me went out of business and essentially, so did I. In consequence, I have no money left here as well. I have been living off of savings for the last 2 years. We decided that it would be best if we returned to America to save money. Since I have no proof of income and obviously not enough in the bank in America as well as Thailand, my father is going to sponsor my fiance.

Questions:

Do both of us (my father and I) need to fill out an Affadavit of Support for her? If so, should I just put down that I have no money in America or Thailand to make it easier and just leave everything blank? Does it look bad if I leave the entire document blank to the officer?

Under the, "Relationship to Sponsor", what should my father write in the blank?

Thank you.

[Ning 619]

You are in a difficult situation as you know. What you may not know is that the embassy in BKK doesnt allow co-sponsors for K1 cases in general. Having said that they did in two cases that I know of. Those cases were very different than yours. Others will offer opinions but in your case I dont think they will approve the visa as a K 1. If you decide to file for a K 1 you & the co-sponsor will use the 134 form.

You could consider marrying her in Thailand; then getting a CR1 visa. Doing that would allow the use of a co-sponsor. It would also allow your fiance to try to find work much sooner in the USA. CR1 cases require the use of the 864 form for you & 864a for the co-sponsor.

Do not leave the form blank in any area. A blank form will result in a denial.

You will need tax transcripts for 3 years that will be submitted with either support form. Your co-sponsor will need the same. You can get these from the IRS for free in about 2 to 3 weeks.

Remember they do not allow USC inside the embassy for the interview. Your fiance will need a complete understanding of the process prior to the interview. That includes the support situation.

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[thailen 0]

The last time I checked, IRS will supply you with past income tax filings for $54 for each form.

If you know different, please lead me to the correct web site.

Second, I'm considering following my upcoming marriage to a Thai, and after a few months,

filing for a CR1 visa. My understanding is a 2-yeargreen card is automatically mailed to

my U.S. address(where we will be staying for the next six months. Although it is not specifically

stated anywhere, the U.S. government assumes we will be staying in the U.S. for the entire two years

and 90 days prior to the end of the two years, she will be receiving via mail an application for a

10-year green card. If correct, she cannot leave the U.S. during that initial two years,

in order to qualify as a resident immigrant. If incorrect, how long and how often can she leave?

You are in a difficult situation as you know. What you may not know is that the embassy in BKK doesnt allow co-sponsors for K1 cases in general. Having said that they did in two cases that I know of. Those cases were very different than yours. Others will offer opinions but in your case I dont think they will approve the visa as a K 1. If you decide to file for a K 1 you & the co-sponsor will use the 134 form.

You could consider marrying her in Thailand; then getting a CR1 visa. Doing that would allow the use of a co-sponsor. It would also allow your fiance to try to find work much sooner in the USA. CR1 cases require the use of the 864 form for you & 864a for the co-sponsor.

Do not leave the form blank in any area. A blank form will result in a denial.

You will need tax transcripts for 3 years that will be submitted with either support form. Your co-sponsor will need the same. You can get these from the IRS for free in about 2 to 3 weeks.

Remember they do not allow USC inside the embassy for the interview. Your fiance will need a complete understanding of the process prior to the interview. That includes the support situation.

[JimVaPhuong 4,863]

The last time I checked, IRS will supply you with past income tax filings for $54 for each form.

If you know different, please lead me to the correct web site.

Second, I'm considering following my upcoming marriage to a Thai, and after a few months,

filing for a CR1 visa. My understanding is a 2-yeargreen card is automatically mailed to

my U.S. address(where we will be staying for the next six months. Although it is not specifically

stated anywhere, the U.S. government assumes we will be staying in the U.S. for the entire two years

and 90 days prior to the end of the two years, she will be receiving via mail an application for a

10-year green card. If correct, she cannot leave the U.S. during that initial two years,

in order to qualify as a resident immigrant. If incorrect, how long and how often can she leave?

First, you're responding to a post that's more than two months old.

Second, an IRS transcript of a tax return is free. You only need to pay if you want the IRS to send you an exact copy of a previously filed tax return. The cost for a copy of a tax return is currently $57. It's not necessary, though. US consulates and USCIS will both accept transcripts, which are computer printouts of the information provided on the tax return. They're free, you can order them by phone or mail, and you'll receive them within a couple of weeks.

http://www.irs.gov/individuals/article/0,,id=110571,00.html

Yes, a conditional green card is sent to a CR1 visa holder's US address within a few weeks of their entry to the US. They must actually use the visa and enter the US before the green card will be sent.

A conditional green card holder is not prohibited from traveling abroad. They have the same restrictions as an unconditional green card holder. They can't stay abroad too long or spend a disproportionately large amount of their time abroad without risking the loss of their permanent resident status, and having their green card revoked. The determination is entirely up to the CBP officer when the immigrant returns to the US, but there are some cases where a decision is automatic. If the immigrant remains abroad for more than six months then they may suspect that they've abandoned their residence. If they remain abroad for more than a year without first obtaining a reentry permit then they'll be presumed to have abandoned their residence. If they remain abroad for more than two years, even with a reentry permit, then they've abandoned their residence.

You might not get any notification in the mail from USCIS that you need to apply to remove conditions within 90 days of the expiration of the conditional green card. It's the immigrant's responsibility to jointly file the I-751 with their US citizen spouse in the 90 day window, regardless of whether you receive any notice from USCIS.

[pushbrk 12,994]

You are in a difficult situation as you know. What you may not know is that the embassy in BKK doesnt allow co-sponsors for K1 cases in general. Having said that they did in two cases that I know of. Those cases were very different than yours. Others will offer opinions but in your case I dont think they will approve the visa as a K 1. If you decide to file for a K 1 you & the co-sponsor will use the 134 form.

You could consider marrying her in Thailand; then getting a CR1 visa. Doing that would allow the use of a co-sponsor. It would also allow your fiance to try to find work much sooner in the USA. CR1 cases require the use of the 864 form for you & 864a for the co-sponsor.

Do not leave the form blank in any area. A blank form will result in a denial.

You will need tax transcripts for 3 years that will be submitted with either support form. Your co-sponsor will need the same. You can get these from the IRS for free in about 2 to 3 weeks.

Remember they do not allow USC inside the embassy for the interview. Your fiance will need a complete understanding of the process prior to the interview. That includes the support situation.

The I-864a is for a joint sponsor who is also a household member. Unless the OP comes back to the USA and begins residing with his father, Dad will provide an I-864, not I-864a.

[thailen 0]

Thanks so much for answering my questions. Since I'm in Thailand and won't be returning to the States until late March,

I wouldn't get the transcripts mailed to my address in the States(the address on my IRS form), so I would have to have

the transcripts forwarded to me here(no problem).If I read correctly, if my soon-to-be-spouse leaves the States for,

say, 5 1/2 months, returns for six more months, applies for the 10-year green card, as soon as she gets it, she's free

to stay or leave according to her needs. While there are no guarantees, does this sound like a reasonable stay and travel

plan that should not alert immigration?

[pushbrk 12,994]

Thanks so much for answering my questions. Since I'm in Thailand and won't be returning to the States until late March,

I wouldn't get the transcripts mailed to my address in the States(the address on my IRS form), so I would have to have

the transcripts forwarded to me here(no problem).If I read correctly, if my soon-to-be-spouse leaves the States for,

say, 5 1/2 months, returns for six more months, applies for the 10-year green card, as soon as she gets it, she's free

to stay or leave according to her needs. While there are no guarantees, does this sound like a reasonable stay and travel

plan that should not alert immigration?

Google "Maintaining permanent resident status US". No, it's not that simple.

[thailen 0]

Can you elaborate on your comment "No, it's not that simple"?

Google "Maintaining permanent resident status US". No, it's not that simple.

[JimVaPhuong 4,863]

Can you elaborate on your comment "No, it's not that simple"?

There's a synchronicity to this forum in that the same questions often come up repeatedly over a very short span of time.

I summarized the requirements in my post above. The "conditions" on a conditional green card have absolutely nothing to do with the ability to travel abroad. They have to do with what the immigrant needs to do in order to maintain their permanent resident status beyond two years, which is to remain married to the US citizen sponsor and apply to remove conditions within the proper window of time. There are exceptions that would allow them to ask for a waiver and remove conditions prior to the two year deadline, or in the event the marriage ends, but that's a different subject.

A permanent resident, conditional or unconditional, is required to reside in the United States. It's that simple. Permanent resident status is for residents, not visitors. The restrictions on how long a permanent resident may remain abroad without CBP presuming they've abandoned their permanent resident status are the same for both conditional and unconditional residents. CBP is permitted to suspect they've abandoned their status if they remain abroad for more than six months, or make repeated trips abroad with only relatively brief return visits to the US. CBP will presume that the immigrant has abandoned their status if they remain abroad for more than one year without first obtaining a reentry permit. CBP will presume the immigrant has abandoned their status if they remain abroad for more than two years, even with a reentry permit. Note that if CBP presumes the immigrant has abandoned their status then they will seize the green card and refuse to allow them to enter the US. At that point, the alien is no longer a permanent resident.

From the above you can see that a permanent resident cannot leave for extended periods of time without risking the loss of their permanent resident status. This will be true as long as they are a permanent resident. They can resolve this by becoming a US citizen. The spouse of a US citizen can be eligible to apply for citizenship three years after becoming a permanent resident if they meet the requirements.

[thailen 0]

Now it's clear. Thanks.

There's a synchronicity to this forum in that the same questions often come up repeatedly over a very short span of time.

I summarized the requirements in my post above. The "conditions" on a conditional green card have absolutely nothing to do with the ability to travel abroad. They have to do with what the immigrant needs to do in order to maintain their permanent resident status beyond two years, which is to remain married to the US citizen sponsor and apply to remove conditions within the proper window of time. There are exceptions that would allow them to ask for a waiver and remove conditions prior to the two year deadline, or in the event the marriage ends, but that's a different subject.

A permanent resident, conditional or unconditional, is required to reside in the United States. It's that simple. Permanent resident status is for residents, not visitors. The restrictions on how long a permanent resident may remain abroad without CBP presuming they've abandoned their permanent resident status are the same for both conditional and unconditional residents. CBP is permitted to suspect they've abandoned their status if they remain abroad for more than six months, or make repeated trips abroad with only relatively brief return visits to the US. CBP will presume that the immigrant has abandoned their status if they remain abroad for more than one year without first obtaining a reentry permit. CBP will presume the immigrant has abandoned their status if they remain abroad for more than two years, even with a reentry permit. Note that if CBP presumes the immigrant has abandoned their status then they will seize the green card and refuse to allow them to enter the US. At that point, the alien is no longer a permanent resident.

From the above you can see that a permanent resident cannot leave for extended periods of time without risking the loss of their permanent resident status. This will be true as long as they are a permanent resident. They can resolve this by becoming a US citizen. The spouse of a US citizen can be eligible to apply for citizenship three years after becoming a permanent resident if they meet the requirements.

[pushbrk 12,994]

Can you elaborate on your comment "No, it's not that simple"?

No but what part of Google "Maintaining permanent resident status US" did you need elaborated upon?