Question about Affidavit Of Support and Work Authorisation

[jjb89 0]

Hi all,

I am a UK citizen intending to marry my US fiance, and move over in order to start my life with them. In order to do this via the proper channels I believe I need the K-1 visa first. I've been trying to make sense of the process and I think I'm almost there, but I needed clarification on one thing:

Upon marriage, if I understand correctly, I need to file for Work Authorisation (EAD) and Adjustment Of Status.

It's very important for me to get authorisation to work as soon as possible so that I can start generating an income. I have 6 years of relevant work experience at intermediate manager level, two university degrees and a chartered accountancy qualification so finding employment won't be an issue (and therefore it's clear I won't become a public charge), but I need to secure the "EAD" document to enable me to do this as quickly as possible!

Could someone help me understand this process as it's very confusing who needs to be proving what.

1) The minimum income we need to demonstrate on the Affidavit of Support - I presume this is my US fiance/spouse that needs to prove this? They're a student at the moment at law school - any advice on what to do in this case? My current personal income in the UK is in excess of £45k per annum but I presume I can't include this, and I'll be leaving my job in order to move to the US.

2) Once I actually obtained authorisation to work, I'd be earning far in excess of the minimum poverty level - but it looks like there's a 'catch-22' - I can't get authorisation to work until this affidavit of support is filed. I'm so confused - please point me in the right direction

Thanks!

[Unlockable 7,315]

The work authorization (EAD) takes about 3 - 4 months after you file. There is no way around this wait period.

The only option to work immediately upon entering the US is a spouse visa (CR1) which takes about 1 year to obtain.

To answer your questions:

1. Your USC fiance would need to find a joint sponsor who can cover the minimal financial requirements. Your current income is not considered because it will cease when you migrate to the US.

2. You can get an EAD but your spouse will have to make above the minimal financial requirements or have a joint sponsor prior to filing the AOS. This is for the K1 visa. If you go the CR1 (spouse visa) route then you will not have to worry about the EAD as you will enter the US as a permanent resident.

The issue you have is that your USC fiance/spouse does not meet the financial requirements. Your current or future income is not considered. Whether it is the fiance visa or the spouse visa the USC must meet these requirements in order to get approved.

Edited May 31, 2016 by NuestraUnion

[jjb89 0]

Good to know about the 3-4 month wait period - I'll make sure I save enough funds to support myself in the meantime until I can obtain the work authorisation

Thank you for the quick response! That makes sense. Can the joint sponsor be anyone, or do they have to be related to my US fiance?

Thanks!

[Merrytooth 5,748]

Check this thread. For UK people, there is a possibility of self-sponsored I-134.

http://www.visajourney.com/forums/topic/455415-self-sponsoring-success/

Joint Sponsor - any USC or LPR domiciled in US, over 18 years old.

[Vexie 4]

It can be anyone, but its a legally binding contract that has some teeth so family/close friends is usually the easiest bet. If, heaven forbid, you and your partner were to divorce and you were to claim a heap of welfare whoever co-sponsored could be sued for that amount. Obviously I doubt you are planning on that but its a big ask for someone unrelated to your partner, especially if they are someone who doesn't know you too well yet. We ended up self sponsoring with my assets as I had about £150k in various accounts but my understanding is that amount was overkill as you can see in the link above.

[jjb89 0]

Thanks for the link - interesting to see that we can self-sponsor, but as I only have c. £10k in savings accounts I imagine I'll need a co-sponsor. It won't be difficult, but it certainly adds another layer of bureaucracy to live with the person you love, right?

[Nich-Nick 3,354]

To help you understand--

With the K1 fiancé route there are two affidavits of support:

1) One that gets you the K1 visa. The form is I-134. It is not binding to the sponsor. London is quite easy on this one, not requiring mountains of proof that the sponsor has enough income or assets. You won't need one from your fiancé if she is unemployed. They will accept it from another person.

2) Another one to get the greencard after marriage. It's a new process. The visa is over. The form is I-864. It is binding to the person(s) who sponsor. Your fiancé must fill out a form as primary sponsor, even if she doesn't qualify on income. It puts her on the hook responsible for you. You may also get another form filled out by someone who does qualify and will be joint sponsor. The rules are more specific and written in the law. The instructions for Form I-864 do explain all the details so don't forget to read them as your first line of guidance.

[jjb89 0]

To help you understand--

With the K1 fiancé route there are two affidavits of support:

1) One that gets you the K1 visa. The form is I-134. It is not binding to the sponsor. London is quite easy on this one, not requiring mountains of proof that the sponsor has enough income or assets. You won't need one from your fiancé if she is unemployed. They will accept it from another person.

2) Another one to get the greencard after marriage. It's a new process. The visa is over. The form is I-864. It is binding to the person(s) who sponsor. Your fiancé must fill out a form as primary sponsor, even if she doesn't qualify on income. It puts her on the hook responsible for you. You may also get another form filled out by someone who does qualify and will be joint sponsor. The rules are more specific and written in the law. The instructions for Form I-864 do explain all the details so don't forget to read them as your first line of guidance.

Thank you - that's very clear now! To confirm - for the whole process I'll need both I-134 (whilst applying for the K1 visa) and once I'm married and in the US I'll need the I-864?

[Nich-Nick 3,354]

Thank you - that's very clear now! To confirm - for the whole process I'll need both I-134 (whilst applying for the K1 visa) and once I'm married and in the US I'll need the I-864?

Correct. I-134 is taken to your interview in London. The I-864 is included in the application package you mail off for adjustment of status (greencard application). You will not be working prior to mailing that so you will have no income that counts toward it.

In case you aren't clear on the work authorization. Your greencard allows you to work. But they are often slow with processing those. So you are allowed to submit an EAD application (work) and AP (travel) application for free with your AOS application. Buy 1 get 2 free. USCIS promises to get that work authorization out to you in 90 days and most of the time that happens. That way you can start earning before your greencard is approved. Theoretically, if your greencard took a year (ugh) your new US income could count on your wife's affidavit of support. So if you had an interview, I don't know why you couldn't have the wife do another I-864 with proof of your work authorization and US income. Maybe she would be out of law school by then as well. So you do a switcheroo with new evidence of qualifying and ask that the joint sponsor be let off the hook as you no longer need them.

Also, if you are anxious to get to work, there is nothing that says you can't look for work and even apply as soon as you arrive. If you get a fabulous offer, you can provide proof of that offer and ask for expedite on the EAD card. It is based on financial hardship because the wife is in law school and the family has no income. Other people who have landed offers have done that successfully. You still have to wait on the card before you actually start the job, but it is okay to accept as long as they will wait on your start date.