Affidavit of support

[sb3570 25]

So I just read on the embassy website that a affidavit of support may be needed at the nvc stage. My fiancé and I both live in Ireland together . He filed his American taxes for 2020 this year. My question is would we be able to use his tax return as proof of income for the affidavit of support even though it’s foreign income?

[Crazy Cat 41,851]

11 minutes ago, sb3570 said:

So I just read on the embassy website that a affidavit of support may be needed at the nvc stage.

That is only for immigrant visas.....a K-1 is a non-immigrant visa.  You will not need an affidavit of support until the interview (I-134).

Edited May 28, 2021 by Lucky Cat

[sb3570 25]

2 minutes ago, Lucky Cat said:

That is only for immigrant visas.....a K-1 is a non-immigrant visa.  You will not need an affidavit of support until the interview (I-134).

That’s exactly what I thought! But have a look at this screenshot on the 7th bullet point down. It says it may be requested. But I don’t know how they could request it since technically the beneficiary doesn’t have to stay in the us after the wedding

[powerpuff 6,697]

19 minutes ago, sb3570 said:

But I don’t know how they could request it since technically the beneficiary doesn’t have to stay in the us after the wedding

How could they not request it? They want to see if the petitioner can afford to bring the intending immigrant over to the US.  Also what’s the point of a K-1 visa if you leave? 

[sb3570 25]

Just now, powerpuff said:

How could they not request it? They want to see if the petitioner can afford to bring the intending immigrant over to the US.  Also what’s the point of a K-1 visa if you leave? 

K1 visa isn’t an immigrant visa, obviously majority of people stay and adjust status but technically you don’t have to stay, you can go home after getting married. It’s nonimmigrant so you would imagine they would only request it when filing for adjustment of status. Anyway the post isn’t about why they ask for it , it’s about whether foreign income can be used

[arken 4,197]

27 minutes ago, sb3570 said:

K1 visa isn’t an immigrant visa, obviously majority of people stay and adjust status but technically you don’t have to stay, you can go home after getting married. It’s nonimmigrant so you would imagine they would only request it when filing for adjustment of status. Anyway the post isn’t about why they ask for it , it’s about whether foreign income can be used

It's non immigrant visa with immigrant intent that's why they are asking i134 not i864. It's not asking you to submit it to NVC but to bring everything to the interview.

 

Foreign income can be used only if it continues once moving to the US. Tax return in itself can't be the proof of current income. You have to show evidences of current income in forms of paystubs, employment letter. 

[sb3570 25]

1 minute ago, arken said:

It's non immigrant visa with immigrant intent that's why they are asking i134 not i864. It's not asking you to submit it to NVC but to bring everything to the interview.

 

Foreign income can be used only if it continues once moving to the US. Tax return in itself can't be the proof of current income. You have to show evidences of current income in forms of paystubs, employment letter. 

Okay thank you so much. Would this mean if they do request i864 would I need to get a joint sponsor since his income is in Ireland and not US?

[arken 4,197]

2 minutes ago, sb3570 said:

Okay thank you so much. Would this mean if they do request i864 would I need to get a joint sponsor since his income is in Ireland and not US?

They won't ask for i864. Your fiance has to bring i134 to the interview. Yes you will need a joint sponsor for i134 as well if no income in the US or if no assets that can be used as a substitute.

[Crazy Cat 41,851]

41 minutes ago, powerpuff said:

How could they not request it? They want to see if the petitioner can afford to bring the intending immigrant over to the US.  Also what’s the point of a K-1 visa if you leave? 

 

6 minutes ago, arken said:

It's non immigrant visa with immigrant intent that's why they are asking i134 not i864. It's not asking you to submit it to NVC but to bring everything to the interview.

 

Foreign income can be used only if it continues once moving to the US. Tax return in itself can't be the proof of current income. You have to show evidences of current income in forms of paystubs, employment letter. 

The original post says "at the NVC stage".   I have never heard of NVC asking for an affidavit of support for a K-1.  Have you?

[sb3570 25]

1 minute ago, arken said:

They won't ask for i864. Your fiance has to bring i134 to the interview. Yes you will need a joint sponsor for i134 as well if no income in the US or if no assets that can be used as a substitute.

Okay thank you so much! Better that I know now instead of down the line!

[Crazy Cat 41,851]

Just now, sb3570 said:

Okay thank you so much! Better that I know now instead of down the line!

My point is that NO affidavit of support is needed at the NVC stage for a K-1.

[Crazy Cat 41,851]

The only thing NVC does for a K-1 is to assign a case number and send it to the consulate when requested.

[arken 4,197]

2 minutes ago, Lucky Cat said:

 

The original post says "at the NVC stage".   I have never heard of NVC asking for an affidavit of support for a K-1.  Have you?

It seems OP got confused.  The screenshot OP posted clearly mentions everything to be brought to the interview not to be submitted to NVC.

[Crazy Cat 41,851]

1 hour ago, sb3570 said:

That’s exactly what I thought! But have a look at this screenshot on the 7th bullet point down. It says it may be requested. But I don’t know how they could request it since technically the beneficiary doesn’t have to stay in the us after the wedding

Read the fine print.  It says "to the visa interview".

[Crazy Cat 41,851]

1 hour ago, sb3570 said:

My question is would we be able to use his tax return as proof of income for the affidavit of support even though it’s foreign income?

Tax returns are not used as evidence of income unless the sponsor is self-employed.  In addition, only income which will continue after the new immigrant enters the US can be used.