Affidavit of Support confusion

[KevinGlen 0]

Hello everyone, 

 

I am a U.S. citizen living in Ireland. The I-130 petition I filed for my Irish wife at the end of October 2016 has recently been approved. In the next step of the process I am required to submit an Affidavit of Support. How am I supposed to file an AOS which requires US tax info and US employment when I have been living outside the country for a decade now? I have a brother in New York who is willing to sponsor an AOS for my wife, but am I also required to file one?? This is very confusing and would greatly appreciate any help with this issue. 

 

Thank you, 

 

KevinGlen 

[millefleur 5,047]

According to US law, US citizens are required to file taxes even if they live abroad.

 

If you didn't earn enough to file, you can simply write a letter explaining that your income was below the filing requirement. If you did, you can file your back taxes (I personally don't know how that works, as I fell into the former category.)

 

You can have a joint sponsor but you still need to file the I-864. If you have zero or little income, just put it there on the form. You can also write a cover letter explaining your situation and why you are getting a joint sponsor.

[KevinGlen 0]

Ok thank you very much for all the info Millefluer & Dee Elle,

 

just one more thing, I also have a sister in the US, would it be helpful to also have her as well as by brother, fill out an AOS?  

 

Cheers, Kevin

[KevinGlen 0]

Lol ... Crystal clear!  Thank you very much for your help. 

[patriot10 11]

Actually, one can have upto 2 joint sponsors in my opinion.

First page of I-864 asks if one is the first of joint sponsor or 2nd of joint sponsor and hence the implication.

 

Having said that, it would be less complicated to have only one joint sponsor, so just chose the one who had the higher income in the immediate preceding year.

 

rgds.

[aless02 9]

just to say that you can combine household income to meet the requirements, so if your brother didn't make enough but your brother + wife did, then he'd do a i-864 and she'd do a i-864a and their combined income would be fine. (as an example!) The sponsor also always completes a i-864 no matter what, even if 0 income.

[Jojo92122 1,924]

4 hours ago, patriot10 said:

Actually, one can have upto 2 joint sponsors in my opinion.

First page of I-864 asks if one is the first of joint sponsor or 2nd of joint sponsor and hence the implication.

 

Having said that, it would be less complicated to have only one joint sponsor, so just chose the one who had the higher income in the immediate preceding year.

 

rgds.

A beneficiary can only have one Joint Sponsor.

 

If a case has derivative beneficiaries, then it's acceptable to have a second Joint Sponsor for the derivative beneficiaries.

 

Just because the I-864 has space for a second Joint Sponsor, it doesn't mean that it apply to every case.  There is just one form I-864 that applies to lots of different cases, but not everything applies to every case.

[684117 15]

I was in the same shoes as you. Wife living abroad for many years not knowing the taxation law. 

 

We back filed with IRS all previous years which was a fairly long process but we had it done. 

 

I would suggest that your issue here after getting the tax docs done, is the proof of domicile, this is a major issue you need to look into. If you left the states long time ago you need to proof that you have maintained your domicile or intending to. Focus on domicile equally as for your tax back filing. 

[patriot10 11]

INTENT of establishing domicile back in the US is enough.

Which could included getting drivers licence, enrolling for voting, setting up a mailing address, getting credit cards, opening bank accounts, intent to establish residence by getting a place to rent, buying a place, staying with a relative to begin with, getting children registered into school...at the same time, starting process of pulling out kids from present school in foreign country, closing ties with foreign country etc etc.

 

Rgds.