proof of work for usc?

[skatz1921 0]

hi there! first time post for me, sorry if this has been asked but am super grateful for all the help reading through the forums has proivded so far..cheers!

ok, im the us citizen and my boyfriend is from france and came on a toursit visa. we just decided to get married, have been together for over a year (met in australia and traveled through india together) and are downloading all the paperwork and getting ready to fill everything out and get married. as for his affidavid of support, he can show his french bank account with plenty of money in it, but how much is enough? also, i work as a waitress and although i am perfectly legal, my restaraunt doesn't want me on the books (for whatever reason, i don't know) . so as of right now, i have no way to show paperwork that i can financially take care of us and our apartment in nyc (even though i can...i get cash tips everyday). is this going to be a problem? do i have to get a legal job? or is his bank account in france good enough?

also, since i have your attention, once we send all the paperwork, how long do we sit on the edge of our seat not knowing if he can stay or not? and how long before his tourist visa expires do we need to get the paperwork in? from my understanding, he doesn't need to be worried about overstaying his tourist visa as long as we get the paperwork in beforehand...right?

thanks so much!!!! you guys are really going to make this process a lot easier!!! <3

[icv21 110]

His bank account has NOTHING to do with the affidavit of support. It has to be you the american citizen.

Did he enter de country knowing this plans??? Since when is he in he states??

Did he come with a visa?? Or when you say visa you mean a visa waiver since he is from France????

If he entered the country with purpose of marrying you there could be problems........ And everything could be denied. Like meaning if he entered a week ago and you two get married would be suspicious..... That's why people get engaged and go back to their countries to get the visa K-1 and then get married.

Since he is still a tourist maybe that would be easier for you guys???

an AOS process once you are married takes time.... I'm doing it right now. But I haven't sent it yet so other people could say about all the wait I think it's around 8 months right now ( someone correct me if I'm wrong ) and since you will fill the papers as married you have to show bonafide marriage..... As bank accounts together.... A rent together.... Bills...... Evidence with pictures... Different that when a K-1 that you only need to show you have a dating relationship.

[KayDeeCee 4,896]

If you were required to file taxes, then you must. Not sure why you would be working under the table if it is legit. Your employer is not paying taxes, which is why they do not want to say you are employed there. It is not legal, and now you are stuck. You have to file back taxes, if you did not file. The total income from the last 3 years of taxes must be listed on the I-864, and you must submit the most recent tax transcript or a statement explaining why you were not legally required to file for any of the 3 years you did not.

Assets of the spouse can be used, but his assets alone may not be accepted. Current, steady and ongoing income of the USC petitioner/sponsor is important, but they will look at the overall totality of your situation, Assets need to be 3 times the income amount for your household size. So, if it is a household size of 2, just you and your spouse, then you need at the bare minimum $60k USD.

[KayDeeCee 4,896]

His bank account has NOTHING to do with the affidavit of support. It has to be you the american citizen.

Did he enter de country knowing this plans??? Since when is he in he states??

Did he come with a visa?? Or when you say visa you mean a visa waiver since he is from France????

If he entered the country with purpose of marrying you there could be problems........ And everything could be denied. Like meaning if he entered a week ago and you two get married would be suspicious..... That's why people get engaged and go back to their countries to get the visa K-1 and then get married.

Since he is still a tourist maybe that would be easier for you guys???

an AOS process once you are married takes time.... I'm doing it right now. But I haven't sent it yet so other people could say about all the wait I think it's around 8 months right now ( someone correct me if I'm wrong ) and since you will fill the papers as married you have to show bonafide marriage..... As bank accounts together.... A rent together.... Bills...... Evidence with pictures... Different that when a K-1 that you only need to show you have a dating relationship.

You are mistaken. See the I-864 form and instructions. The intending immigrant's income and/or assets may be included on the USC petitioner/sponsor's I-864.

Also, they can certainly marry and file for AOS. If they did not misrepresent themselves to get the tourist visa or when they entered the US, then it is legal for them to now decide to marry and file.

[Newbie608 103]

First of all, why would you feel comfortable not filing/ paying your taxes by working under the table?

I would suggest reporting your incoming/ filing your taxes then get a co sponsor.

Edited August 31, 2014 by Newbie608

[icv21 110]

You are mistaken. See the I-864 form and instructions. The intending immigrant's income and/or assets may be included on the USC petitioner/sponsor's I-864.

Also, they can certainly marry and file for AOS. If they did not misrepresent themselves to get the tourist visa or when they entered the US, then it is legal for them to now decide to marry and file.

I shouldn't have said "nothing do to" There are assets in the instructions and even joint sponsors. But I wanted to express it's not for sure and could be not accepted. I think it's better starting no having a job where you don't pay taxes.......I mean it's going to affect so many things , not saying it's illegal right??

I asked what kind of visa he came with a tourist visa or a simple ESTA and when. Because since he is the man in case he proposed to her and arrived here a week ago could totally look like he came here with that idea and that can be a red flag for the AOS.

I'm doing and AOS I came to the states with the visa waiver program but I had no idea of anything and we dated for 5 years. And I will have to explain it to them. So just asking what their plans were and to be ready

[skatz1921 0]

i have not lived and worked in the us much in the last three years much so i havent filed taxes, i think the last time was 2-3 years ago. (we met last year in australia legally working there) i just started working this job a week ago so haven't had the chance to file taxes with them, which i intened to, but they told me point blank they wont give me w-2 forms so not sure how that will work. my mom can cosponser for me if that's an issue.

as for intentions, he entered the us on july 17 and has a flight out back to europe on oct 13. we were going to stay apart a few months and then meet back up again in europe, but have since decided we dont like being apart for so many months (as we have done twice so far). so this is our best option at being together without taking long breaks between being together. it isnt even our intention to fully live in the us once he gets a green card (although we know we have to be here for 51% of the time.). we just want to be together as we travel the world and bureacracy makes it difficult

thanks for the responses guys! i didn;t realize most of the financially responsibility was mine

[skatz1921 0]

he came with a simple esta visa and he didnt really propose, so it wasnt his intention. he actually hates the idea of being married (hates conventionalism). it was more from having many discussions how about how we want to spend the future together that we mutually decided this was best for us.

[seth2013 39]

Unfortunately not living in the US and working in another country doesn't mean you don't have to file US taxes- you will have to back file those taxes before you can apply for AOS. Read through the i-864 instructions, it has some necessary information I think you need.

[icv21 110]

My husband does lots of job in Asia with contract from Asia and he files the US taxes anyways. If he didn't do it we couldn't have make it for the poverty limits with only the US income. Maybe you can look at that

Haha I understand about him "hating" the fact of marriage it took my husband 5 years to propose!!!! So much travel all this time....and time apart.... So I feel you. we didn't want to be far apart anymore after getting engaged that's why I stayed too and got married last July.

I hope you can fix the Affivadit of support the best way.

[skatz1921 0]

wow ok, i asked a few people and everyone said if i didnt make us $ i didnt have to file taxes...i'll for sure read through the 864 carefully now. what's this poverty limit thing? perhaps i can qualify? we're backpackers and i've been living sort of hand to mouth for awhile. the only reason my bf has a bank account with money in it is becuase he recieved an inheritance many years ago and never touched it, he was planning on giving it to his parents when they needed it in their old age but we hoped it would come in handy now. man, it seems like marrying a foreigner is only for the rich here (((

[kehills 217]

I suggest you start with this "which VISA do we need?" handydandy info table: http://www.visajourney.com/content/compare

You will need to be able to prove that you make enough to support him, which is something like $19,700 - and that you consistently make that income, and will be making it. That you do not have a legal job (they're paying you under the table, it's illegal, period) means this will probably be difficult to impossible for you. (And while you may not have had to PAY taxes on income earned outside the United States, you have always had to file your tax FORMS.)

Will they accept his savings? Dunno - gonna have to go regional and learn more about that consulate, or, if he decides to stay here and adjust via marriage, ask folks who've done that what the general response has been to having assets brought in by the beneficiary.

Are you also prepared/able to file all of the other fees that will be required? This is not an inexpensive process - the government wants to make sure that your foreign spouse isn't going to tax an already over-extended social services/safety net system. (And be aware of the legal requirements of what you are signing up for, too.)

Offhand, it sounds like you guys need to do a LOT more reading about costs, requirements, and such. For example, is he prepared to not leave the United States until he receives permission to do so (which can take months)?

[icv21 110]

Yes really as kehills says please read all the forms and decide what way is better for you two. The forms aren't cheap, and he will be for a few months not being able to work DO NOT think he can get a job paid under the table like yours is

The poverty limits are here you can see:

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

19.662 for 2 people.

[skatz1921 0]

we are both prepared to stay in the us while the case is pending and the 51% of the time of the conditional period. we are also very aware of the cost involved and are very prepared to pay the thousands of dollars involved. what i meant by hand to mouth is we don't live extravagant lives, have liquid assets, and don't save for retirement like "normal" people. i am under the poverty line but from my reading i thought i could get a joint sponsor. i was wondering if this by itself is grounds for disapproval, or will they take into consideration the money he has in his french bank account? and if he isn't approved, what's the next step? is he allowed to stay while they examine the case?

[raven52 233]

You have many issues to overcome, and some professional person needs to help you.,,.there are just too many complex issues here..,,and even the memebers here have many ideas, I would seek a professional, not necessarily an attorney, but someone!