Affidavit of Support problem!

[stevensane 10]

I have a problem that I have, so far, been unable to find an answer to. It is fairly specific, but I hope that in answering it we can cover some topics that may be helpful to many people.

I (British Citizen) am applying for a K-1 visa on the basis of my fiancee being a naturalized US citizen. However she is not currently able to act as my sponsor for the affidavit of support as she is currently interning and working part time and so doesn't hit the 125% income threshold. Therefore her mother, a Chinese citizen living in the US on a G-4 diplomatic visa working for the United Nations, will act as my sponsor on the I-134. Then, after I have entered the US and my fiancee is employed and earning over the 125% threshold she will act as my sponsor on the I-864 affidavit of support at the Adjustment of Status phase.

At the interview stage in London I need to provide the I-134 with proof of US federal income tax returns (as according to this document I was sent in the mail last week http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/iv_and_k_interview_checklist.pdf). The problem is that my fiancee's mother is not able to get US federal income tax returns as because she is in the US on a G-4 visa and working at the UN she does not pay tax. What then can we provide them with, if not the tax returns? I have been told before that they do not always request tax returns at the interviews in London but I am sure we should provide them with something, but the questions is what? Pay slips? A letter from the UN confirming she is employed by them and earns whatever she earns?

Any help would be greatly appreciated! If you are not able to give direct help then telling me where to look or a phone number I can call to get help would also be greatly appreciated!

[lost_at_sea 995]

A letter of employment and pay stubs are fine for the I-134 in London.

How come a G4 can sponsor an immigrant? Is that some type of permanent residence? I thought only USCs and LPRs could sponsor immigrants financially.

[aaron2020 11,651]

Your future mother-in-law cannot be your co-sponsor.

A co-sponsor has to be a US citizen or LPR. Your MIL is neither so she cannot be your co-sponsor.

[stevensane 10]

Your future mother-in-law cannot be your co-sponsor.

A co-sponsor has to be a US citizen or LPR. Your MIL is neither so she cannot be your co-sponsor.

I am not so sure. If you look at the I-134 form (http://www.uscis.gov/sites/default/files/files/form/i-134.pdf) point 1e give the option for the sponsor to be a "lawfully admitted non-immigrant". I have looked and have found nothing that says that that person cannot be a G-4 visa holder. If you can find something that states otherwise please show me, because I would prefer to know than to not.

Edited December 3, 2013 by stevensane

[Hypnos 6,578]

That will work for the I-134 (to get the visa), but not the I-864 (to get the green card through AoS). For an I-864 the joint sponsor must be a US citizen or LPR, no exceptions.

[stevensane 10]

That will work for the I-134 (to get the visa), but not the I-864 (to get the green card through AoS). For an I-864 the joint sponsor must be a US citizen or LPR, no exceptions.

Thank you. I am sure that by the time I need to fill out the I-864 my fiancee (then wife) will be earning over the 125% and be able to act as my co-sponsor.

[Hypnos 6,578]

Well in that situation your wife would be your only / primary sponsor. For a marriage-based immediate relative AoS the US citizen is always the primary sponsor, regardless of income. If their income is insufficient, that's the point where the need for a joint sponsor comes in.

[stevensane 10]

Well in that situation your wife would be your only / primary sponsor. For a marriage-based immediate relative AoS the US citizen is always the primary sponsor, regardless of income. If their income is insufficient, that's the point where the need for a joint sponsor comes in.

Are you saying that I have to use the same sponsor for both I-134 and I-864? I don't think that is the case. I have been informed you can use different sponsors for each. In my case my MIL for the I-134 and my wife for the I-864.

[Hypnos 6,578]

No you don't have to. I'm just saying that, when it comes time to file an I-864, your (then) wife will be completing one of those as the primary sponsor even if her income is 0.

Edited December 3, 2013 by Hypnos

[stevensane 10]

No you don't have to. I'm just saying that, when it comes time to file an I-864, your (then) wife will be completing one of those as the primary sponsor even if her income is 0.

Oooh, I see. Yes, that is the case. I have no reason to believe my (then) wife will not be earning over the 125% threshold. Thanks for the advice!

[Cam54 84]

Don't forget when you adjust status they will be looking at your wife's previous tax year not her current income

[stevensane 10]

Don't forget when you adjust status they will be looking at your wife's previous tax year not her current income

What will happen then? Let's say she gets a job in January over the 125%, I get the visa in February and then apply for AoS in say May and file the I-864 with tax returns, what else will I need to get AoS if her previous tax-year was under the 125% threshold?

[Hypnos 6,578]

You would need to provide recent pay stubs and / or a letter from her employer giving her current salary / wages.

[Cam54 84]

I think I'm going to have the same problem as my fiancé was only meeting the criteria from around march last year and when we adjust status in February hel have earnt enough for the actual calendar year but not the precious tax year. So if anyone knows the answer to this it'd be a great help to me too

[stevensane 10]

Don't forget when you adjust status they will be looking at your wife's previous tax year not her current income

As Hypnos said above your fiance will have to get a letter from his employer confirming how much he earns and a few recent pay stubs. Hopefully that will do it. Official confirmation would be a great thing to have but it seems that is very hard to come by.