Affidavit of support employment duratino

[Robbai 0]

My wife and I are about to DCF the I-130 , after which we'll file for a CR1 visa. Unfortunately, it's looking less and less likely that we will be able to find a joint sponsor to help us. We don't really want to have to spend time apart but it seems like the only way to get into the country is for me to go ahead and find a job earning 125% above the poverty line. I don't think this will be a problem, but I still want to minimize the time we have to spend apart.

So, my question...

 

How long does a person have to be earning a stable income before providing an affidavit of support?

If I were to move to the US after the I130 is accepted, then find work quickly, would I be able to act as a sole sponsor, despite only having worked for maybe 1 or 2 months?  Or, would they require me to find another joint sponsor because I hadn't been in work for long enough?

 

I've tried looking around but I can't seem to find anything about this. I'm willing to head to the US and find work first if it gets us there, but it just doesn't seem worth it if I have to prove a year or more's worth of work history. 

 

Thanks for the advice!

[millefleur 5,046]

They usually ask for three years of tax returns. I don't know if that is an absolute requirement though. You also would then need to explain why you haven't filed taxes for those years you weren't working in the US. Or did you file returns from abroad while living in China?

 

You can't find anyone to be a joint sponsor, not even a relative or a friend?

 

P.S. You can do the I-130 DCF without having the I-864 ready. If you move back to the States, you won't be able to do DCF and then you're looking at minimum 1 year of waiting to get your wife's visa approved. So, if I were you, I'd at least go ahead and apply for the I-130 and get it approved first there before moving back. DCF filing is much, much faster than the mail-in traditional process.

[Robbai 0]

11 minutes ago, millefleur said:

They usually ask for three years of tax returns. I don't know if that is an absolute requirement though. You also would then need to explain why you haven't filed taxes for those years you weren't working in the US. Or did you file returns from abroad while living in China?

 

You can't find anyone to be a joint sponsor, not even a relative or a friend?

 

P.S. You can do the I-130 DCF without having the I-864 ready. If you move back to the States, you won't be able to do DCF and then you're looking at minimum 1 year of waiting to get your wife's visa approved. So, if I were you, I'd at least go ahead and apply for the I-130 and get it approved first there before moving back. DCF filing is much, much faster than the mail-in traditional process.

Thanks for the reply. 

 

Yup,  taxes are all sorted from overseas,  so no problem there.  I've looked into most of the process,  I'm just unsure about how long I would have to have employment for,  before I can be the sole sponsor. 

 

Unfortunately, everyone I know in the US is too scared to be a joint sponsor.  So,  looks like we're on our own.  

 

We're going to file DCF for sure because of the time frame,  which is why I'm wondering how long I have to be employed for, before I submit the I-864.

[A'n'L 735]

The instructions for i864 asks for 6 months of paystubs. However, not all consulates are that strict. You might be approved with 1-2 months of paystubs + employment letter if the position is stabile, permanent and well paid. Ask other China filers to learn the requirements.

[RandyW 149]

You will be applying for a visa - the law (INA) is that the Visa Officer make a determination, above and beyond the information in the I-864, as to whether the intending immigrant might become a "public charge" while in the U.S. It may be enough to show a career, career opportunities, and/or an active job search.

 

It's at the discretion of the interviewing Visa Officer.

[Robbai 0]

39 minutes ago, RandyW said:

You will be applying for a visa - the law (INA) is that the Visa Officer make a determination, above and beyond the information in the I-864, as to whether the intending immigrant might become a "public charge" while in the U.S. It may be enough to show a career, career opportunities, and/or an active job search.

 

It's at the discretion of the interviewing Visa Officer.

Thanks!

 

Right,  I see.  So it's risky,  but it might work out if the rest of the application is all in order.

 

We actually have quite a lot in savings,  it's just not enough to hit the 5x the difference between $0 and 125% of the poverty line,  as I don't have work in the US yet. Maybe that might help boost the application. 

 

After we file the I-130, do we have a time limit for filing the CR1,  or can we wait indefinitely?   

[RandyW 149]

17 minutes ago, Robbai said:

Thanks!

 

Right,  I see.  So it's risky,  but it might work out if the rest of the application is all in order.

 

We actually have quite a lot in savings,  it's just not enough to hit the 5x the difference between $0 and 125% of the poverty line,  as I don't have work in the US yet. Maybe that might help boost the application. 

 

After we file the I-130, do we have a time limit for filing the CR1,  or can we wait indefinitely?   

Your petition will be held at the consulate for one year

[Jojo92122 1,924]

9 hours ago, RandyW said:

You will be applying for a visa - the law (INA) is that the Visa Officer make a determination, above and beyond the information in the I-864, as to whether the intending immigrant might become a "public charge" while in the U.S. It may be enough to show a career, career opportunities, and/or an active job search.

 

It's at the discretion of the interviewing Visa Officer.

The CO will go by the numbers.  It will not be enough to "show a career, career opportunities, and/or an active job search."  

[RandyW 149]

The choices are

 

Best choice - get a co-sponsor

Other choices - submit the I-864 as is

 

Delay until his income is adequate (yes, this is a choice)

 

 - or - Submit the I-864. along with evidence of a career, career opportunities, and/or an active job search

 

Failure would not seem to be a wise choice. We've seen people reporting $0 income and still getting the visa.

 

From the consulate regarding a self-employment situation

 

Quote

The interviewing consular officer will look at your ability to support your beneficiaries. We understand that for those who are self-employed, annual income can vary widely from year to year. We'll look at all the factors involved and make a determination based on the totality of circumstances. We wouldn't recommend delaying the interview for the sole purpose of being able to submit next year's tax returns. Just submit what evidence you have that shows your level of income (bank records, evidence of business income, etc). 

 

This is NOT  a debate - the OP needs to decide what gives the best picture of his circumstances to the VO. We can't do that for him.

[bcking 3,157]

Sorry but just to be clear -

 

If the OP goes to the USA to get a job, then they can't apply for DCF correct? DCF is when you are both living in the country your spouse is emigrating out of.

 

How would he find a job in the USA but still do DCF?

[millefleur 5,046]

25 minutes ago, bcking said:

Sorry but just to be clear -

 

If the OP goes to the USA to get a job, then they can't apply for DCF correct? DCF is when you are both living in the country your spouse is emigrating out of.

 

How would he find a job in the USA but still do DCF?

He can file the I-130 at the Embassy (DCF). It's just for the initial petition filing that you have to live there, as far as I understand. After the petition is approved, the USC can move back to the US if they want.

Edited April 20, 2017 by millefleur

[bcking 3,157]

Just now, millefleur said:

He can file the I-130 at the Embassy (DCF). After getting the I-130 approved, the USC can move back to the US. It's just for the initial petition filing that you have to live there, as far as I understand. After the petition is approved, the USC can move back to the US if they want.

Ah gotcha. Didn't know that. Thanks

 

To the OP -

 

Does your current job in China meet the income requirement? Are you in a skilled profession where you will be obtaining a similar type of job? In your industry do you get a contract signed?

I know for me when I take a job I am signing a contract for at least a year, so I can then provide a copy of that contract to prove that I have employment at least for the next year. I'd imagine if you are in a field where the average income is sufficient, and you can show that you get a job and you have held a similar job in the past, they would probably be fine. At least a reasonable person looking at it would think it's fine but I guess no guarantees. 

[bcking 3,157]

1 hour ago, RandyW said:

 

Failure would not seem to be a wise choice. We've seen people reporting $0 income and still getting the visa.

 

I'd imagine those who got a visa with 0 income had savings that met some sort of requirement? 

 

If you have 0 income and 0 savings then by you are pretty clearly not able to support someone...or yourself for that matter.

[RandyW 149]

17 minutes ago, bcking said:

I'd imagine those who got a visa with 0 income had savings that met some sort of requirement? 

 

If you have 0 income and 0 savings then by you are pretty clearly not able to support someone...or yourself for that matter.

 

It's up to the filer to provide an accurate picture of their career and financial situation, including earnings potential.

 

[bcking 3,157]

Just now, RandyW said:

 

It's up to the filer to provide an accurate picture of their career and financial situation, including earnings potential.

 

Yes I agree, but the affidavit of support is not going to be based on "earnings potential". You still need to show you can support the person at the time. That is why they have the "125% of the poverty line" requirement. If you cannot meet that, you need to meet some qualifying amount of savings. 

 

I would not recommend to anyone to fill out an I-864 with just "earnings potential", and no actual income or savings. That is a recipe for rejection.