Question over Affidavit

[Stressed Out 81]

Hey there. I'm just doing some research on the IR-1 visa we'd like to apply for in a couple years.

I want to know exactly which Affidavit of Support we need...

I live with my husband in Germany and am wanting to move back home in a couple years after he's completed his internship here. Since I'm not a resident of the US I can't really qualify as support for him as we're both going to have to save up money to move. My parents, though, are more than willing to take us in until we find jobs and an apartment. Is it possible for them to fill out and sign an Affidavit on our behalf or is this going to be a bumpy ride? Also, which form is it exactly? There's a bunch of them with A's and W's at the end.

[gstrength 20]

Hey there. I'm just doing some research on the IR-1 visa we'd like to apply for in a couple years.

I want to know exactly which Affidavit of Support we need...

I live with my husband in Germany and am wanting to move back home in a couple years after he's completed his internship here. Since I'm not a resident of the US I can't really qualify as support for him as we're both going to have to save up money to move. My parents, though, are more than willing to take us in until we find jobs and an apartment. Is it possible for them to fill out and sign an Affidavit on our behalf or is this going to be a bumpy ride? Also, which form is it exactly? There's a bunch of them with A's and W's at the end.

You, as the petitioner, must file an I-864 and your parents, as co-sponsors, also have to file an I-864. It is not that difficult. This is just a small part in the process, and, late in the process to that. check this link: http://www.visajourney.com/content/i130guide1

In order to qualify to fill out an affidavit of support (I-864)the sponsor must be domiciled in the US. (check part 4 (15)(para c) of the I-864 instructions) You will need to show your latest income tax return or a tax transcript, as well as the co-sponsor. I will suggest you read the instructions for the I-864 on the USCIS page. I just read on the news that an immigration reform is going to be presented by president Obama next month so, maybe in a couple of years, everything will be different.

[Stressed Out 81]

But how can they expect couples to have to live separate? That seems more suspicious to me than me being a resident in Germany. I can tell you right now that I personally have z-e-r-o income from the US since Germany is my home as of now. So, how am I supposed to file this?

[Stressed Out 81]

*bump* I was hoping to get some second opinions on this.

[Ryan H 3,812]

I can tell you right now that I personally have z-e-r-o income from the US since Germany is my home as of now. So, how am I supposed to file this?

Simple as this:

• You stay in Germany
  
• You file the I-864 as required even though you have zero income
  
• Since your parents are willing to act as a joint sponsor, have one of them submit an I-864
  

[Penguin_ie 5,993]

You don;t have to live separately. If you don;t want to, you have three options:

- get a co-sponsor (like your parents

- sponsor on assets (if you have enough in the savings account/ property)

- Do an intra-company transfer (ie you will continue working for the same company you worked in Germany, but now in the US office).

You will need to show INTENT TO RE=ESTABLISH domicile in this case. This can be things like buying a house in the USA, enrolling kids in school, getting registered with recruiters, being in touch with a real estate agent, flying over for a vacation and getting your drivers license renewed and voter ID etc.

[Stressed Out 81]

You will need to show INTENT TO RE=ESTABLISH domicile in this case. This can be things like buying a house in the USA, enrolling kids in school, getting registered with recruiters, being in touch with a real estate agent, flying over for a vacation and getting your drivers license renewed and voter ID etc.

I was thinking I could renew my driver's license one more time. I voted in the last election, but can I get some sort of paper proving my voting history? I guess reopening a new bank account would be wise as well. Also could get my parents to write (on official letterhead) that they plan to hire me into the family company once we move there. Should they also mention hiring my husband as well, or is that unwise? (Don't you have to apply for a work permit afterwords, or does it automatically come with a spouse's green card?)

[Penguin_ie 5,993]

Since your husband will be authorised to work immediately when he immigrates, it is fine to mention that there will be a job for both of you. Bank account is a great idea too. Did you vote in the USA or abroad (via the embassy or whatever)? If you voted in your home district, the local county clerk should be able to print something out saying you are registered to vote there.

[Stressed Out 81]

Since your husband will be authorised to work immediately when he immigrates, it is fine to mention that there will be a job for both of you. Bank account is a great idea too. Did you vote in the USA or abroad (via the embassy or whatever)? If you voted in your home district, the local county clerk should be able to print something out saying you are registered to vote there.

I voted abroad using an absentee ballot. But, I have my voters registration card with me at all times, so that should be enough I guess. So you're saying we don't have to apply for a work permit - it comes along with the green card for spouses?

Thanks for the info.

[The Mean Lady 604]

I voted abroad using an absentee ballot. But, I have my voters registration card with me at all times, so that should be enough I guess. So you're saying we don't have to apply for a work permit - it comes along with the green card for spouses?

Thanks for the info.

correct.

but i hope you dont mean enough to establish domicile

[Penguin_ie 5,993]

I am not sure how strict Germany is on the domicile issue- in Ireland, that would be enough, In Canada, probably not... try and find some stories of other Germans who went through the Frankfurt embassy to compare.

Yes, a greencard includes the right to work and travel right away. Most of the time, an employer will want to see the SSN, which you can get from the local Social Security Office about ten days after arrival, or one will come in the mail in 2-3 weeks. The physical greencard can take a few months to arrive but that is ok, because he will get a stamp on the visa page in his passport when he goes through immigration at the airport, and that endorses the visa, making it a temporary greencard valid for one year.

[IsrAziz 0]

You are beginning the exact same situation my husband and myself just completed! He got his IR1 visa last month and we will be leaving Morocco in a couple days to begin our new life in the USA.

Everything that was told to you here by the other members is correct. Especially about the sponsor and co sponsors both filling out the I864 documents. YOU are the main sponsor because he is your husband but your parents will be co sponsors because they have the financial means necessary to provide for him until which time he is able to find work.

Please dont make the same mistake we did which cost us precious time. We filled out the wrong co sponsor form thinking that our co sponsor in the USA had to fill out form I864A NOOO that is not correct. Your parents fill out the exact same form that you fill out but there is a place on it for sponsor and co sponsor.

About the tax information....if you have never worked in Germany since leaving the USA you do NOT need to file your US income tax for the years without working.....however you WILL be asked about that during the Consulate interview so prepare yourself by sending an email to the IRS at this website: http://www.IRS.gov. When you ask them in email whether or not you need to file taxes for the years you have lived in Germany and explain to them whether you did or did not work during any of those years they will send you an email response. Simply print the response they send you and include it with the other documents you have that you will turn in during your interview. This is sufficent proof to the Consulate officials that it is not necessary for you to supply them with tax documents for the years in question. I hope that helps and I explained it well.

We filed for my husbands visa after we were married for 6 months and it took a year and a half for us to finally get it but our case took longer than normal because we were making so many mistakes along the way so we had to go back and redo it the right way before they would accept the documents. Please try very hard not to make mistakes because they cost you valuable time.

[IsrAziz 0]

Sorry I just remembered that with the I864 your parents will need to provide THEIR income tax documents and also proof of income and proof of citizenship for the main co-sponsor. Also the last 3 months of bank statements. That is all they required for our co-sponsor.

[Stressed Out 81]

Sorry I just remembered that with the I864 your parents will need to provide THEIR income tax documents and also proof of income and proof of citizenship for the main co-sponsor. Also the last 3 months of bank statements. That is all they required for our co-sponsor.

I noticed that on the normal I-864 form there was a field saying "I'm the first/second of two joint sponsors". Is that the field we both fill out, only I fill out first and my parents fill out second? I don't know for sure if there's a difference between co and joint in this case.

And as far as proving my domicile it's definitely going to be more than just my voters card, haha. Also going to setup a bank account again when I go back next time on vacation. Going to change my name finally on my SSN card and take some photos of my grandmother's furniture that's in storage and waiting for us to use it in an apartment or house. Still maintain my driver's license and my mom's going to print out a company letter stating they're going to hire us once we arrive, so I've got some good ties to the US.

And good idea with the IRS email, I'll have to keep that in mind when the time comes to apply. Thanks again for the juicy information!

[IsrAziz 0]

I noticed that on the normal I-864 form there was a field saying "I'm the first/second of two joint sponsors". Is that the field we both fill out, only I fill out first and my parents fill out second? I don't know for sure if there's a difference between co and joint in this case.

And as far as proving my domicile it's definitely going to be more than just my voters card, haha. Also going to setup a bank account again when I go back next time on vacation. Going to change my name finally on my SSN card and take some photos of my grandmother's furniture that's in storage and waiting for us to use it in an apartment or house. Still maintain my driver's license and my mom's going to print out a company letter stating they're going to hire us once we arrive, so I've got some good ties to the US.

And good idea with the IRS email, I'll have to keep that in mind when the time comes to apply. Thanks again for the juicy information!

NO NO you are the SPONSOR you are NOT a co-sponsor. So you check the box that states you are the sponsor and on the same form (different original of course) your parents mark the box that states they are the co-sponsor. You dont have a second co-sponsor. Make sure you fill out your own I864 and your parents fill out a second I864 so you will have 2 originals when you are finished......one for you and one for your parents. This is the part that I made the huge mistake. You were smart to try to find out this information prior to applying. We just applied blind and figured it all out as we went along so mostly trial and lots of error which is what took so long for us to get the visa!

You are most welcome and I am happy that my experience could help someone! Good luck!

Edited January 20, 2013 by IsrAziz