Affidavit of support

[jonholmes92 0]

Hi all,

New to the forum, if this has been answered, apologies (any push in the right direction would be much appreciated! )

Me and my wife (who was born in the US) are currently living in Jersey (United Kingdom) on the first year of her spouse visa. Understandbly she's missing home and we're looking at the possiblity of moving back in the near future (hopefully after she's naturalised).

I've been researching the process and it seems straightforward enough (perils of the UK fiance visa taught us much haha), I know you have to submit Form I-130 to start the process but my question is after that when we're preparing documents for the interview. What documents need to be filled out to identify our financial means, as my wife is with me in the UK she has no financial assets in the US, so we'll be relying soley on my father and mother in law (they exclusively own a 3 bedroom house, and he earns more than the required poverty level).

Does only my father in law have to fill out I-134 (Affidavit of Support) ? Or will my wife have to fill out anything (as she will be my sponsor)?

We're going for 3 weeks to the states in April, so I want to run this through my in laws.

Thank you!

[Penguin_ie 5,993]

You will be using the I-864 for the affadavit of support, and yes, your wife will need to fill one out as primary sponsor even though she currently makes 0 income, with her parents being joint sponsors. She, and they, will need to include evidence of 3 years of tax filings (yes, for your wife too, even though she lives abroad), and then the parents will also include evidence of US citizenship and continued income (such as paystubs, letter from employer).

[jonholmes92 0]

Thank you so much for your reply, I thought as much. However, is it definitely the I-864 that my father in law will have to fill out? not the I-864a (being as we'd be apart of their household when we move)?

Just from looking at the UK Visa's website, it has the following extract from the table (note the area in blue):

All three of the following are true:

1. You filed a Form I-130 petition for your relative;
2. There is only one applicant on the Form I-130 petition; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

Complete Form I-864EZ

If none of the above apply and you meet the minimum income requirement.

Complete Form I-864

If none of the above apply and you are using the income of other household members to meet the minimum income requirement.

The sponsor must complete Form I-864 and each household member must complete Form I-864A

If none of the above apply and:

1. You do not meet the minimum income requirement and are using a joint sponsor, and
2. You are not using the income of other household members to qualify.

The sponsor and the joint sponsor must each complete Form I-864

Or do we not count as household members due to us not living in their household at the time of filing; therefore the area in red is applicable to us.

Sorry for all the questions, having a hard time researching the process for when both are living outside of the states.

But thank you so much!

[Penguin_ie 5,993]

Household members means when you are financially tied;such as a dependent, listed on his tax return.

Just living in the same home does not make you a household member for the purposes of the I-864.