CR1 DCF :problem with Affidavit of support.

[natstered 0]

we are having a hard time about Affidavit of support for our CR1.

I am Thai citizen and married with my american husband in Thailand for a year ago. After married, my husband get a jobs in South Korea so we move here while we are thinking to request us spouse visa in order to move back to US. So we asked Seoul US Embassy about detail and they said "Since we are residents in Korea so we can process the visa via Seoul-US Embassy".

Our process now is to receive the Package 3, provide more documents and made an appointment for interview. However, this is a problem. Since my husband travel and work outside US for more than 6 years(as English teacher) and his income doesn't be counted for the affidavit of support. So he asked his dad for being co-sponsor and dad said yes to do it. But about a week after we have already applied the visa , his dad said dad's wife (my husband 's step mother) doesn't allow dad to do so. So we are now don't have co-sponsor. And our process now have to freeze because of this. It's kind of stressful for us because this is our plan and I decided to quit a good jobs in Thailand to come here waiting for all things.

So I would like to ask for advice about 2 main points, first is about Sponsorship and second is about to transfer case to another embassy.

For sponsorship questions :

1.If there's no co-sponsor , is it okay for my husband to go back to US first and try to get a jobs while I'm going back and waiting in Thailand(sad part to be apart but yeah that's the way it is)?

2.How long he has to work in US before he can be sponsor? How many months?

3. Since he has lived abroad for long time so it's not easy to get a tax return for previous 2 years. As we asked Seoul Embassy they said it's okay not to have tax return, is it the same answer for other embassy?

For transferring case to another embassy :

If my husband need to go back to America first and I have to go waiting in Thailand.

1. Is it possible if we still keep the case in South Korea, once my husband get a jobs so I fly back to Korea( as a tourist) to interview ?

2.If we have to transfer the case the Bangkok Embassy in Thailand, how long the transferring time gonna take i.e. week or month roughly??

3. Is it gonna be very hassle about transferring case to different embassy? It's like they gonna need different kind of document or the same standard?

Anyway, I try to search the information online but it's not that much about the DCF in different country. Would appreciate any advice for the questions above T_T

Thank you very much.

[DCFAMS 2]

Sponsorship questions:

1. Yes, it is ok for your husband to return to the USA to seek employment and then be able to demonstrate that he can directly sponsor you.

2. According to the terms outlined in the I-864 he would have to be employed at least for 6 months before being able to file an I-864 to sponsor you

3. That I cannot answer for sure, I believe that the ultimate decision lies in the hand of the officials reviewing your case, but technically the I-864 is NOT complete without the last 3 years of income tax returns. I find it somewhat hard to believe that in 3 years your husband cannot produce tax returns for the various countries he lived in and worked. As blunt as this may sound you and your husband should have exercised due diligence and kept accurate records of your finances, the US gov't will be no less blunt with you about this.

Case transfer questions:

1. I do not know with 100% certainty but everything I understand about filing through consulates says that this will not be possible, you will have to kill your current petition and refile through the Thai consulate/embassy (as you will then be a resident of Thailand and not ROK)

2. I would not count on this even being possible, and if it was I would consider that refiling may be faster and more efficient than trying to transfer a file from one consulate to another. The USA is painfully bureaucratic in many regards and deviations from standard procedure only confuse them and create problems, best would be to just follow the standard track and kill your petition in ROK and refile in Thailand.

3. Expect that if it is even possible, that it will be SUCH a hassle that pursuing this avenue will not be worth your trouble and headaches.

[JD63 4]

Jeesch, that's unfortunate! Also, why does the step mom get a veto vote? She doesn't have to sponsor you!

One option would be to find another co-sponsor. Aunts, uncles, cousins, grandparents, etc. Have you tried that? That o me seems like the best route, but perhaps not available.

[Anh map 2,098]

These I-864 FAQ may be helpful to you regarding establishing domicile and sponsorship >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

[natstered 0]

Jeesch, that's unfortunate! Also, why does the step mom get a veto vote? She doesn't have to sponsor you!

One option would be to find another co-sponsor. Aunts, uncles, cousins, grandparents, etc. Have you tried that? That o me seems like the best route, but perhaps not available.

The husband's step mother think I will be her forever liablilities if I have to request for the food stamp. Even though I have good education background and speak english fluently. I don't think I will be her liabilities but yeah.. We are trying to figure it out other ways.

[himher 634]

I am quietly thinking that he can return to the US, get a job, and send the affidavit back between filing and interview and there is no six month requirement for employment of a returning spouse in the US before sponsorship.

Sponsorship questions:

1. Yes, it is ok for your husband to return to the USA to seek employment and then be able to demonstrate that he can directly sponsor you.

2. According to the terms outlined in the I-864 he would have to be employed at least for 6 months before being able to file an I-864 to sponsor you

3. That I cannot answer for sure, I believe that the ultimate decision lies in the hand of the officials reviewing your case, but technically the I-864 is NOT complete without the last 3 years of income tax returns. I find it somewhat hard to believe that in 3 years your husband cannot produce tax returns for the various countries he lived in and worked. As blunt as this may sound you and your husband should have exercised due diligence and kept accurate records of your finances, the US gov't will be no less blunt with you about this.

Case transfer questions:

1. I do not know with 100% certainty but everything I understand about filing through consulates says that this will not be possible, you will have to kill your current petition and refile through the Thai consulate/embassy (as you will then be a resident of Thailand and not ROK)

2. I would not count on this even being possible, and if it was I would consider that refiling may be faster and more efficient than trying to transfer a file from one consulate to another. The USA is painfully bureaucratic in many regards and deviations from standard procedure only confuse them and create problems, best would be to just follow the standard track and kill your petition in ROK and refile in Thailand.

3. Expect that if it is even possible, that it will be SUCH a hassle that pursuing this avenue will not be worth your trouble and headaches.

[DCFAMS 2]

I am quietly thinking that he can return to the US, get a job, and send the affidavit back between filing and interview and there is no six month requirement for employment of a returning spouse in the US before sponsorship.

Could you demonstrate where you read that this 6 month requirement isn't necessary? If you read the Instructions for Form I-864 Affidavit of Support, Part 6, Section 23, it says:

For example, you may include

a recent letter from your employer, showing your employer's

address and telephone number, and indicating your annual

salary. You may also provide pay stub(s) showing your

income for the previous six months. If your claimed income

includes alimony, child support, dividend or interest income,

or income from any other source, you may also include

evidence of that income

This is in reference to expected income for the coming year if you cannot demonstrate previous income in past years through the most recent US federal tax return. So you will either need a letter from your employer or 6 months of pay stubs. You are not required to demonstrate this evidence, but only if a Government official requests it, but you can bet your stars that if you write an income on that line they will expect to see evidence that you can back that up somehow, which will either be through a letter from your employer OR 6 months of pay stubs.

[himher 634]

Can you demonstrate where you read that it is necessary?

All that is required is a letter from current employer with address, number, and annual salary. This is the same letter that some creditors require. When I filed our affidavit in 2008 I filed that letter and printed out (1) pay stub with it, attached it to 2007 tax return, and that was it. It was accepted with no question or issue.

There is a lot of time available between Packet III and Packet IV. If they do not have enough assets to qualify, then that time can be used to obtain employment and send the affidavit back to be submitted with Packet IV

This is assuming the beneficiary can travel back to the country of filing to interview.

Could you demonstrate where you read that this 6 month requirement isn't necessary? If you read the Instructions for Form I-864 Affidavit of Support, Part 6, Section 23, it says:

For example, you may include

a recent letter from your employer, showing your employer's

address and telephone number, and indicating your annual

salary. You may also provide pay stub(s) showing your

income for the previous six months. If your claimed income

includes alimony, child support, dividend or interest income,

or income from any other source, you may also include

evidence of that income

This is in reference to expected income for the coming year if you cannot demonstrate previous income in past years through the most recent US federal tax return. So you will either need a letter from your employer or 6 months of pay stubs. You are not required to demonstrate this evidence, but only if a Government official requests it, but you can bet your stars that if you write an income on that line they will expect to see evidence that you can back that up somehow, which will either be through a letter from your employer OR 6 months of pay stubs.

[DCFAMS 2]

Can you demonstrate where you read that it is necessary?

All that is required is a letter from current employer with address, number, and annual salary. This is the same letter that some creditors require. When I filed our affidavit in 2008 I filed that letter and printed out (1) pay stub with it, attached it to 2007 tax return, and that was it. It was accepted with no question or issue.

There is a lot of time available between Packet III and Packet IV. If they do not have enough assets to qualify, then that time can be used to obtain employment and send the affidavit back to be submitted with Packet IV

This is assuming the beneficiary can travel back to the country of filing to interview.

I am not denying that the requirement is necessary, but various conversations with consular employees in Amsterdam and an informal chat with a friend of ours in NL who is an immigration attorney stated that in a majority of cases proof of employment should be traceable back at least six months if the previous year's tax return did not have enough employment to demonstrate sufficient income. However, the Instructions for Form I-864 seem to contract this statement so frankly I think your best bet is to very carefully read the Instructions supplement and ensure that you qualify based on the information provided in that document, as that comes straight from USCIS.