When is the affidavit of support submitted?

[Just Paul 4,595]

2 minutes ago, ihaveablackcloud said:

OH maybe I misread what you wrote. If I am a dependent for my parents, do I still need to meet the requirements of a household of 4, or is it just them who would then have a household of 4? 

Your household is 2 and theirs in 4

[ihaveablackcloud 2]

12 minutes ago, Paul & Mary said:

Your household is 2 and theirs in 4

Thank you!! 

[Duke & Marie 1,389]

14 hours ago, ihaveablackcloud said:

I just want to know how much time I will have to provide sufficient proof of income after getting married. Do I provide it after he comes here and applies for adjustment of status? Or is it submitted before he comes to the states? I’m really confused lol. 

I assume you’re applying for a K1 visa... not CR1 in which case you’ll need to provide evidance of income relatively early in the process to demonstrate that you can afford to support them post their entry to the country, for the duration of their time pre-marriage and for approximately 6-9 months post marriage while AOS is being processed.. 

 

Note, given you’re current lack of employment, Sick parents, and employment history, I’d highly recommend you seriously consider CR1 as the financial impacts are not as severe on you and the beneficiary.. it’ll also give you the opportunity accumulate time with an employer and possibly get some savings

Edited May 20, 2020 by Duke & Marie

[SteveInBostonI130 3,454]

Hi,

 

You mentioned that you are planning for the future for a spouse visa.  But you also mentioned something about your spouse coming to the US and adjusting status.

 

I want to remind you that is not allowed to marry, submit for a CR1 and have your spouse remain in the US to adjust status.  It is allowed if it happens organically, but it is fraud to plan to do so.  

 

Just to go over the basics of a CR1:  You marry.  He can come to the US for you to marry, or you visit him to marry.  If he comes to marry here, he needs to return to his country on or before the time limit of his visa and await the CR1 process there.  You submit I-130, wait until that is approved, which takes 6-12 months nowadays.  Then the approved I-130 goes to the NVC stage, where you and any joint sponsors submit I-864, affidavit of support.

 

If you are planning this for the future, then you have about a year or more to get your employment and income sorted out.

 

[Duke & Marie 1,389]

2 minutes ago, SteveInBostonI130 said:

Hi,

 

You mentioned that you are planning for the future for a spouse visa.  But you also mentioned something about your spouse coming to the US and adjusting status.

 

I want to remind you that is not allowed to marry, submit for a CR1 and have your spouse remain in the US to adjust status.  It is allowed if it happens organically, but it is fraud to plan to do so.  

 

Just to go over the basics of a CR1:  You marry.  He can come to the US for you to marry, or you visit him to marry.  If he comes to marry here, he needs to return to his country on or before the time limit of his visa and await the CR1 process there.  You submit I-130, wait until that is approved, which takes 6-12 months nowadays.  Then the approved I-130 goes to the NVC stage, where you and any joint sponsors submit I-864, affidavit of support.

 

If you are planning this for the future, then you have about a year or more to get your employment and income sorted out.

 

Yeah I think there was some miscommunication about which visa she’s looking for.. 

 

this is likely K1 not CR1.. but I think CR1 would be better in this instance, while slower and means separation it will remove financial pressures.. 

[Nitas_man 3,100]

5 hours ago, ihaveablackcloud said:

Thank you! So is it doable without the tax returns as long as I submit other proof of income? Do you think a joint sponsor is necessary?

Redacted

Edited May 20, 2020 by Nitas_man

[ihaveablackcloud 2]

6 minutes ago, SteveInBostonI130 said:

Hi,

 

You mentioned that you are planning for the future for a spouse visa.  But you also mentioned something about your spouse coming to the US and adjusting status.

 

I want to remind you that is not allowed to marry, submit for a CR1 and have your spouse remain in the US to adjust status.  It is allowed if it happens organically, but it is fraud to plan to do so.  

 

Just to go over the basics of a CR1:  You marry.  He can come to the US for you to marry, or you visit him to marry.  If he comes to marry here, he needs to return to his country on or before the time limit of his visa and await the CR1 process there.  You submit I-130, wait until that is approved, which takes 6-12 months nowadays.  Then the approved I-130 goes to the NVC stage, where you and any joint sponsors submit I-864, affidavit of support.

 

If you are planning this for the future, then you have about a year or more to get your employment and income sorted out.

 

I apologize for the confusion. I am very new to all this. We plan to marry in the US, and then he will return to his country and that is when I will get the process started. We have every intention of doing this legally. Thanks for the response! 

[ihaveablackcloud 2]

2 minutes ago, Nitas_man said:

Um no you need tax returns or an explanation as to why you weren’t required to file

I-864 is submitted after the petition is approved and while the CR1 visa is being processed

If I provide an explanation that I was unemployed and caring for my parents, is that okay? I have absolutely no tax returns to submit. Once I’m employed, I’ll be able to collect my pay stubs to be submitted and whatever other evidence that is necessary.

[Duke & Marie 1,389]

4 minutes ago, ihaveablackcloud said:

I apologize for the confusion. I am very new to all this. We plan to marry in the US, and then he will return to his country and that is when I will get the process started. We have every intention of doing this legally. Thanks for the response! 

Then there will be no adjustment of status.. 

 

Beneficiary awaits processing in their home country... you apply CR1, submit i130 application.. you’ll have approximately 6-18 months (depending on which service center you get) before you submit affidavit of support at NVC stage..

Edited May 20, 2020 by Duke & Marie

[Nitas_man 3,100]

2 minutes ago, ihaveablackcloud said:

If I provide an explanation that I was unemployed and caring for my parents, is that okay? I have absolutely no tax returns to submit. Once I’m employed, I’ll be able to collect my pay stubs to be submitted and whatever other evidence that is necessary.

That is usually the case yes however you haven’t even filed.  Next year when the petition is approved and you have filed 2020 taxes you can attach your 2020 tax transcript, proof of ongoing 2021 income, and will not need a joint sponsor.

[Duke & Marie 1,389]

14 minutes ago, Nitas_man said:

That is usually the case yes however you haven’t even filed.  Next year when the petition is approved and you have filed 2020 taxes you can attach your 2020 tax transcript, proof of ongoing 2021 income, and will not need a joint sponsor.

Yeah agreed, 

 

if she gains employment now, she should be able to meet income requirements and file 2020 taxes before the petition is approved, and forwarded to NVC..  since it’s only mandatory to submit the most resent tax transcript at NVC, which would be 2020... it’s possible she wouldn’t need a joint sponsor.. 

[ihaveablackcloud 2]

15 minutes ago, Duke & Marie said:

Yeah agreed, 

 

if she gains employment now, she should be able to meet income requirements and file 2020 taxes before the petition is approved, and forwarded to NVC..  since it’s only mandatory to submit the most resent tax transcript at NVC, which would be 2020... it’s possible she wouldn’t need a joint sponsor.. 

Thank you both so much! I’ve been extremely anxious about this, but now having all of this information is such a relief. 

[Nitas_man 3,100]

44 minutes ago, ihaveablackcloud said:

Thank you both so much! I’ve been extremely anxious about this, but now having all of this information is such a relief. 

You need to get out and make some money LOL  good luck!

[ihaveablackcloud 2]

27 minutes ago, Nitas_man said:

You need to get out and make some money LOL  good luck!

That’s exactly what I’ve been doing! Sent out more applications today. Thanks!

[Babu Frik 1,162]

18 hours ago, Luckycuds said:

Have you already submitted the cr1? Because you needed to submit the affadavit of support with that. Do you have 3 years of tax returns to submit? Highly recommend looking for a decent job or finding someone will to be a joint sponsor. This is a serious requirement 

wut?

that comes at NVC stage.

 

https://www.visajourney.com/content/i130guide1