Please help regarding Affidavit of Support!

[anunnaki 1]

Hello, everyone! First and foremost, my apologies if this question has previously been answered (to death?). If so, please direct me toward the appropriate thread.

I am a U.S. citizen currently residing in the Republic of Korea. I am in the process of petitioning for my Korean wife’s visa, and my next step is to prepare the necessary documents for her interview (which has not yet been scheduled). We plan to live in WA with my parents temporarily upon returning to the U.S.

I have encountered a snag regarding the Affidavit of Support (I-864) to which I cannot seem to find any satisfactory information anywhere leading toward a solution. I need to resolve two issues:

1) I have been a resident alien in Korea since 2005 and have been filing for Foreign Earned Income Exclusion (2555-EZ) every year along with the 1040 form that lists my Korean income. Does my Korean income, which is above the poverty line, make me eligible according to the I-864 guidelines, even though technically my U.S. income is zero?

2) In case my Korean income does not count toward eligibility, I am aware of the fact that I would need a joint sponsor. Unfortunately, the problem with that is that my joint sponsor candidates (my parents) are both senior citizens and their combined income is slightly below the poverty line and therefore does not meet the requirements.

As an alternative, I have a brother who could possibly act as the joint sponsor instead of my parents; however, he resides in CO and not WA. Can he still be the joint sponsor, even though my wife and I will be living in a different state?

Thanks! I'm looking forward to hearing back from you.

Edited March 30, 2016 by anunnaki

[Anh map 2,098]

You will need a joint sponsor. Your brother is fine. A joint sponsor can be any US citizen or green card holder.

[aleful 1,905]

hi

no, and yes for the second

no because you will leave Korea and not continue with the income or job that you have

yes, the joint sponsor can live wherever in the US, as long as the person is a US Citizen or Legal Permanent Resident and qualifies

[anunnaki 1]

Thank you for the responses so far!

I posted this because I got confused after calling and speaking with a representative at the embassy who told me that the 1040 forms for previous years with my Korean income listed would suffice.

So then my brother would file the I-864 (or would it be the I-864A) and provide his 1040 forms? And my parents wouldn't be involved in the process, correct?

[awaywego 28]

You would file I-864, and your brother would also file I-864. You'd each provide at least the tax transcript/full return from the most recent tax year (2015 starting April 15).

Your parents wouldn't be involved.

[NikLR 13,227]

I-864. He should provide his latest (or last 3 years) ENTIRE tax return (including all schedules and w2) or tax return transcript (shorter and preferred,) proof of current ongoing income, and proof of citizenship or LPR status.

no they wouldn't be unless he's a dependent on their tax return.

[anunnaki 1]

Thanks, everyone, for the additional responses!

I'm back with another question: So my brother (who will be the joint sponsor) would like to know... When he fills out his I-864, whom exactly will he be joint-sponsoring on the form - my entire family (my wife, my daughter, and me) or just my wife?

I am a U.S. citizen, and my daughter just got her U.S. passport and Social Security number, so I'm assuming he will be joint-sponsoring my wife only, correct?

Edited April 1, 2016 by anunnaki

[NikLR 13,227]

Just the immigrant, your wife.

[anunnaki 1]

Thank you, NLR! Upvote for Colorado! I grew up in Aurora, my bro lives in Ft. Collins, and my sis lives in Lakewood. Alas, I won't be moving to CO though since my parents no longer live there.

[NikLR 13,227]

glad to help!