HELP! No Affidavit of Support

[geowrian 22,337]

1 hour ago, Kely&Jose said:

If I move back how do i show tax returns? If I have never filled ? Will it be enough with just showing my current income ? How long would I have to wait while working in NJ for my fiance to have his interview ?

You would provide a letter stating that you had no income and therefore were not required to file (assuming you had no income those years...not just US-based income).

How long you need to be working is a judgement call on the IO's part. Some have had success within weeks, others waited a couple/few months to show stable income.

 

1 hour ago, Kely&Jose said:

Is showing current income good enough?

Current income is king. Tax returns for an employee show past income.

[carmel34 3,633]

3 hours ago, Kely&Jose said:

If I move back how do i show tax returns? If I have never filled ? Will it be enough with just showing my current income ? How long would I have to wait while working in NJ for my fiance to have his interview ? 

Is showing current income good enough? How long do I have to be working to show that I am stable enough to maintain my fiance?  

Include a letter explaining that you were a student in Nicaragua for X years and that your family or boyfriend supported you financially while you were living there, or whatever the case may be, and that you did not work there or earn any income.  So no tax returns necessary for past income since you had none.  Once you get a job as a dental assistant in NJ, and you have your first pay stub, include that to show current income, and include a letter from your employer stating your job and salary.  You should have both of those documents within a few weeks of starting a job.  Then attach both documents to your affidavit of support form and send all to your fiance to take to the interview.  Best of luck!

[YecaCruz 379]

Idiey? That stinks! Has he told you guys what's the cause of this sudden change of heart?

Does the co-sponsor think that he has to pay you a certain something every month? Perhaps try to clarify with him/her that just because they're signing that thing doesn't mean they have to pay for every single little thing and that you fully intend to make sure all bills are paid blah blah blah. He's just there to demonstrate to USCIS that you're not going to go on food stamps and become a pair of codos who live off other people's money and what not. That's how I tried to word it to my parents. They signed as our co-sponsor and we have not asked a single cent from them, even when we were on 1 salary (which isn't that great).

 

But as others are saying, if he absolutely won't do it. You need to find someone or get yourself established so you won't need one. Good luck to you. I hope you find a solution!

[Unlockable 7,314]

36 minutes ago, YecaCruz said:

Idiey? That stinks! Has he told you guys what's the cause of this sudden change of heart?

Does the co-sponsor think that he has to pay you a certain something every month? Perhaps try to clarify with him/her that just because they're signing that thing doesn't mean they have to pay for every single little thing and that you fully intend to make sure all bills are paid blah blah blah. He's just there to demonstrate to USCIS that you're not going to go on food stamps and become a pair of codos who live off other people's money and what not. That's how I tried to word it to my parents. They signed as our co-sponsor and we have not asked a single cent from them, even when we were on 1 salary (which isn't that great).

 

But as others are saying, if he absolutely won't do it. You need to find someone or get yourself established so you won't need one. Good luck to you. I hope you find a solution!

There is some truth to this. The affidavit is worse than it sounds. 

 

However (and it is a big however) It is totally understandable for someone who doesn't have the same immigration knowledge that we do to be apprehensive. Even though it is not likely to happen, the affidavit is still legally enforceable. Add to the fact that divorce does not cancel out the affidavit, it can cause many people to pause. Some people just simply don't want to be involved that way. A person can explain it their cosponsor that it is a low risk, but ultimately it is still their decision to be a cosponsor or not. And the decision has to be respected. Personally, I wouldn't press the issue with the cosponsor and move on to other options.

Edited October 26, 2018 by NuestraUnion

[geowrian 22,337]

1 hour ago, NuestraUnion said:

However (and it is a big however) It is totally understandable for someone who doesn't have the same immigration knowledge that we do to be apprehensive. Even though it is not likely to happen, the affidavit is still legally enforceable.

Absolutely. I'd also add the 125% income level portion is enforceable as well.

As stated, they aren't promising to pay for stuff on their behalf. But if they did use public funds OR their income was below 125% of the FPL and the immigrant chooses to enforce it to get to 125% level, one is on the hook.

[Boiler 45,529]

Also the Domicile issue.

[Pennycat 880]

Sorry, that's not really kind of the uncle (I remember your other post). Not that he owes it to you or anything, but I assume you started this route thinking/knowing that he'd co-sponsor and make decisions based around that and he's just pulled the rug out from under you.

 

Any way you can reach back out to him (or maybe your family?) and explain that this particular affidavit is not legally enforceable (it's not, the one for the green card IS-- this is basically them checking to be sure there is someone willing and able to co-sponsor on the other side so that he doesn't wind up in immigration status limbo in the US). Or is it really the issue that he doesn't want to give you the financial papers? No sealed envelope will make him change his mind?

 

 

[Kely&Jose 28]

10 minutes ago, Pennycat said:

Sorry, that's not really kind of the uncle (I remember your other post). Not that he owes it to you or anything, but I assume you started this route thinking/knowing that he'd co-sponsor and make decisions based around that and he's just pulled the rug out from under you.

 

Any way you can reach back out to him (or maybe your family?) and explain that this particular affidavit is not legally enforceable (it's not, the one for the green card IS-- this is basically them checking to be sure there is someone willing and able to co-sponsor on the other side so that he doesn't wind up in immigration status limbo in the US). Or is it really the issue that he doesn't want to give you the financial papers? No sealed envelope will make him change his mind?

 

 

It's very tough. To be honest my fiancé's family doesn't want him to move to the US. Its mostly jelousy. 

They really have made his life a wreck that is why I want to take him far far away. 

And yes when had counted on the uncle since January when I decided to file for the petition

If I didn't have a co sponsor I won't have filed in the first place. 

 

I guess he said yes on the beginning for us to spend all the money and he always knew he was going to say no. 

 

You wouldn't believe me. But my fiancé's family is capable of many horrible things. 💔

[Boiler 45,529]

Go back and get a job, problem solved.

[Pennycat 880]

1 minute ago, Kely&Jose said:

It's very tough. To be honest my fiancé's family doesn't want him to move to the US. Its mostly jelousy. 

They really have made his life a wreck that is why I want to take him far far away. 

And yes when had counted on the uncle since January when I decided to file for the petition

If I didn't have a co sponsor I won't have filed in the first place. 

 

I guess he said yes on the beginning for us to spend all the money and he always knew he was going to say no. 

 

You wouldn't believe me. But my fiancé's family is capable of many horrible things. 💔

Ouch, that sounds rough. And I would believe it for sure. My husband is from Costa Rica (I used to have a much more full profile but long story short-- I took it private for a while because I wound up in the news-- not for anything bad, but still-- and didn't want to be found here just in case!), and while we didn't have any issues with his family at the time, you better believe there were some jealous neighbors who were trying to tear us apart. Sending me really nasty messages, the whole thing. And his sister now has completely changed-- she got a new boyfriend and had a baby with him in the past 3 years since my husband moved here, and I don't know if it is the boyfriend's influence or what but she's turned pretty spiteful as well. 

 

Is it possible to ask your family? If not, you may have to move back and get yourself established first and hope that you can build a good enough history before the I-129f expires, or start over again. And if that's going to be the case, I would *highly* recommend getting married before you move back and doing the spouse visa instead. I say this as someone who did the K1 and think that it worked in our situation, but really, the spouse visa will keep your lives much easier, and if you're going to have to be separated for a while, it may as well be for the visa that will keep your life simpler. 

[Boiler 45,529]

Pretty close on the K1 now, agree CR1 would have been better.

[Kely&Jose 28]

3 minutes ago, Pennycat said:

Ouch, that sounds rough. And I would believe it for sure. My husband is from Costa Rica (I used to have a much more full profile but long story short-- I took it private for a while because I wound up in the news-- not for anything bad, but still-- and didn't want to be found here just in case!), and while we didn't have any issues with his family at the time, you better believe there were some jealous neighbors who were trying to tear us apart. Sending me really nasty messages, the whole thing. And his sister now has completely changed-- she got a new boyfriend and had a baby with him in the past 3 years since my husband moved here, and I don't know if it is the boyfriend's influence or what but she's turned pretty spiteful as well. 

 

Is it possible to ask your family? If not, you may have to move back and get yourself established first and hope that you can build a good enough history before the I-129f expires, or start over again. And if that's going to be the case, I would *highly* recommend getting married before you move back and doing the spouse visa instead. I say this as someone who did the K1 and think that it worked in our situation, but really, the spouse visa will keep your lives much easier, and if you're going to have to be separated for a while, it may as well be for the visa that will keep your life simpler. 

Seems like in Latino families there is always the jelousy one that wants to ruin your happy life.  😓 they can't seem to be able to see others happy. 

 

Thanks so much for sharing your story. 

 

And well both my parents are retired and decided to move here in Nicaragua. So it's not possible. I have contacted some cousins in US. They said they will let me know later on. I definitely understand no one can say yes right away because to them it's a huge responsability.  I guess no one else knows like us how the visa situation is and that we don't want to harm the co-sponsors. 

I will look all posible co-sponsor before I decide my final decision. 

 

I will pray to God that this will solve soon. To many days of crying and stress. 

[Pennycat 880]

5 minutes ago, Boiler said:

Pretty close on the K1 now, agree CR1 would have been better.

I mean if she needs to pause the K1 process to go home to work for long enough that the I-129f expires. No sense in starting over again with the K1 at that point.  It was probably better to go with the CR1 from the beginning, as they live together abroad and the extra 2 or 3 months shouldn't be that big of an issue. 

[Boiler 45,529]

26 minutes ago, Pennycat said:

I mean if she needs to pause the K1 process to go home to work for long enough that the I-129f expires. No sense in starting over again with the K1 at that point.  It was probably better to go with the CR1 from the beginning, as they live together abroad and the extra 2 or 3 months shouldn't be that big of an issue. 

She has some time before the interview to get reestablished, and if they give a RFE then even more time. 

[Pennycat 880]

1 minute ago, Kely&Jose said:

Seems like in Latino families there is always the jelousy one that wants to ruin your happy life.  😓 they can't seem to be able to see others happy. 

 

Thanks so much for sharing your story. 

 

And well both my parents are retired and decided to move here in Nicaragua. So it's not possible. I have contacted some cousins in US. They said they will let me know later on. I definitely understand no one can say yes right away because to them it's a huge responsability.  I guess no one else knows like us how the visa situation is and that we don't want to harm the co-sponsors. 

I will look all posible co-sponsor before I decide my final decision. 

 

I will pray to God that this will solve soon. To many days of crying and stress. 

It's really not that big of a responsibility, though. Not in my opinion. I mean, I certainly would not do it for a stranger but what it is is a contract between the sponsor and the US government that says that if the immigrant goes onto certain federal means tested benefits (which, btw, he is largely ineligible for to begin with ) then the government can come after them for reimbursement. This sponsorship ends after he becomes a citizen (about 4 years after he gets a green card, so 5 years after he immigrates---he is eligible to apply after 3 years of having a green card, but it'll take a year for the card and then a year to naturalize) or works 40 qualifying fiscal quarters. It's not general support like paying for rent, food etc.  I still would not expect this of someone, but it may possibly help matters if they're clear on what it really is.