Affidavit of Support: Can I be my fiances sponsor if I live and work in Perú?

[alexpm7 0]

Hello! 

I'm a US citizen but I live in Perú. I'm going to start the K1 Visa process to petition my fiance, but I was wondering if there will be any problem with me being his sponsor if I don't live or work in the US. I have a good income and 2 co-sponsors for him, so do you think this might be an issue? Does my employer have to be from the US? 

 

Thanks! 

[aleful 1,905]

hi

 

to be the sole sponsor, you need to be employed in the US. since you aren't you still will have to file the i134 as the petitioner but your income won't count

 

for a fiancé visa, you only can have one joint sponsor if the consulate allows it, the joint sponsor will fill out another i134

 

unless you have assets, you should chose the joint sponsor with the most income

 

 

 

 

[alexpm7 0]

7 minutes ago, aleful said:

hi

 

to be the sole sponsor, you need to be employed in the US. since you aren't you still will have to file the i134 as the petitioner but your income won't count

 

for a fiancé visa, you only can have one joint sponsor if the consulate allows it, the joint sponsor will fill out another i134

 

unless you have assets, you should chose the joint sponsor with the most income

 

 

 

 

Thank you so much for the fast answer! So, just to recap, it IS possible for me to petition him even though I don't live or work in the US, as long as I have a joint sponsor? 

It's not going to be automatically denied if they see that I don't live/work in the USA? I've had a Florida state ID from when I lived there, but I lost it. Still, that's in my records as my domicile right? Thank you again 

[geowrian 22,337]

9 minutes ago, alexpm7 said:

Thank you so much for the fast answer! So, just to recap, it IS possible for me to petition him even though I don't live or work in the US, as long as I have a joint sponsor? 

It's not going to be automatically denied if they see that I don't live/work in the USA? I've had a Florida state ID from when I lived there, but I lost it. Still, that's in my records as my domicile right? Thank you again 

Yes, you can petition fine. But having a joint sponsor will be needed, as noted.

 

Just having a state ID likely won't qualify as US domicile. No single piece of evidence does. You need to provide sufficient evidence of domicile or intent to establish domicile in the US. Basically, what have you done to show that you are able and intend to be living in the US? The CO will look at the totality of the circumstances.

[alexpm7 0]

8 hours ago, geowrian said:

Yes, you can petition fine. But having a joint sponsor will be needed, as noted.

 

Just having a state ID likely won't qualify as US domicile. No single piece of evidence does. You need to provide sufficient evidence of domicile or intent to establish domicile in the US. Basically, what have you done to show that you are able and intend to be living in the US? The CO will look at the totality of the circumstances.

What sort of documentation could I provide to prove that I am in fact moving to the US? I will have a one way ticket and I will be staying with my cousin for about a month or so at first, maybe he could write a statement/letter? Or would you recommend I move to the US before my fiancé so I can get a place and a job? Thank you so much for answering. 

Edited September 29, 2017 by alexpm7

[geowrian 22,337]

15 minutes ago, alexpm7 said:

What sort of documentation could I provide to prove that I am in fact moving to the US? I will have a one way ticket and I will be staying with my cousin for about a month or so at first, maybe he could write a statement/letter? Or would you recommend I move to the US before my fiancé so I can get a place and a job? Thank you so much for answering. 

US domicile is a bit of a tricky beast...the CO looks at the totality of the circumstances and makes a decision. Some are stricter than others. A one-way ticket doesn't mean anything here (i.e. you could buy another one way ticket to return right afterwards). They want activities to show that you are committed to living within the US. Things that help show domicile are like getting/renewing a state ID or driver's license, registering to vote, opening a US bank account or credit card account, getting car insurance, seeking US employment, seeking information and quotes to transfer your belongings to the US, etc. Having living arrangements planned is a plus as well. The idea is that when you look at everything together, they need to be confident that you intend to actually live in the US.

 

There are many threads on this subject, and I suggest doing some searches and reading through others' cases, especially those from those going through the same embassy. Additionally, there's a list of some ways to show domicile here: http://www.visajourney.com/wiki/index.php/NVC_Process ( see "Domicile").

 

If you are unable to show sufficient evidence of intent to establish domicile, moving the US first to establish domicile (getting a US job, a place to live, etc.) is available. Moving to the US first is the more "sure" option, but as for what's "better", it really depends on your circumstances as a whole if you can show sufficient intent to establish domicile while abroad.