Advice regarding sponsorship

[Dewald & Brittney 46]

Hello everyone.

 

My fiancé and I will be getting married soon in my home country of South Africa. Ideally we would like to remain together for the majority of the CR1 application time. From doing my own research on the forum it looks like we can stay together while the I-130 is being processed.

 

What I would like to know is during the I-864 Affidavit of Support and NVC stage, when will be a good time for her to return to the USA? We are both teachers and have been living/working together in Thailand (which is where we met). Here is a more detailed explanation:

 

• The Thai salary is not enough for the poverty guidelines; These numbers will be reflected on her tax returns, and I am not sure whether it will be a problem or not.
• If we spend the majority of the I-130 processing time in South Africa, she will not have a US income in that time (other than online teaching), will this affect the three-years of tax returns/transcripts requirement?
• We are both teachers and she holds two masters degrees which makes it very easy for her to get a job as a teacher with a starting salary well above the poverty guidelines. Due to the need for teachers in the USA we have no doubt that she can easily be hired when the 2022 school year starts in 12 months. 
• If need be her parents have agreed to sponsor us.

 

Would a job confirmation with a proof of salary be enough to satisfy the requirements of the I-864 or would it be better to immediately file for joint sponsorship? I would also like to ask how long in advance would it be best for her to return to the US without me to establish a domicile?

 

Thank you for taking the time read this, I hope I provided enough context. 

 

Kind regards,

Dewald & Brittney.

Edited June 18, 2021 by Dewald & Brittney

[Boiler 45,553]

US Citizens need to file taxes anyway, wherever they are.

 

Pay slips would be fine, I would suggest a few.

 

There is a domicile issue, no idea how S Africa look at that.

[Israth 22]

If she has a job by the time NVC asking for documents, I don't see a problem with pay stubs and explanation of last year income.

If I were in your case i'd choose joint sponsor so I don't go back and forth with NVC. Trust me it gets annoying... 2 weeks to 1 months each time u submit documents.

 

If she has a US address and driver license or something to provide proof of address, I don't see a domicile issue.

Correct me in this if I'm wrong.

[Chancy 6,241]

21 hours ago, Israth said:

If she has a job by the time NVC asking for documents, I don't see a problem with pay stubs and explanation of last year income.

 

To be able to use income for sponsorship, the income must continue from the same source after the sponsor moves back to the US.  In the OP's case, his petitioner's pay stubs from the job in Thailand would not count as proof of qualifying income.

 

Tax filings are a separate requirement and must be reported as listed on the returns or transcripts.

 

21 hours ago, Israth said:

If she has a US address and driver license or something to provide proof of address, I don't see a domicile issue.

 

If the sponsor's physical address on the I-864 is outside the US, there will be a domicile issue.  It is up to the consul officer to decide whether the proof of domicile is acceptable.  No idea how strict the COs in South Africa are, with regard to domicile.  If the OP were to interview in Canada (for example), a US mailing address and driver's license would not be enough.

 

[Dewald & Brittney 46]

55 minutes ago, Chancy said:

 

To be able to use income for sponsorship, the income must continue from the same source after the sponsor moves back to the US.  In the OP's case, his petitioner's pay stubs from the job in Thailand would not count as proof of qualifying income.

 

Tax filings are a separate requirement and must be reported as listed on the returns or transcripts.

 

 

If the sponsor's physical address on the I-864 is outside the US, there will be a domicile issue.  It is up to the consul officer to decide whether the proof of domicile is acceptable.  No idea how strict the COs in South Africa are, with regard to domicile.  If the OP were to interview in Canada (for example), a US mailing address and driver's license would not be enough.

 

In this case the pay stubs would be from her moving back to the USA and starting a career as a teacher there (possibly in Texas or New York). Due to her qualifications and experience we do not foresee it being difficult for her to be hired as a teacher anywhere in the USA. 

 

The Thai income would be solely for the tax transcript requirements as she has been filing her income while here.

 

Her address on her license is her parents' address and they are also willing to help us with the joint sponsorship. All of which are in the Buffalo NY area. 

 

I hope this clarifies my earlier post. 

 

Thank you all for your informative replies, it really helps us to figure this process out.

[pushbrk 12,903]

18 hours ago, Dewald & Brittney said:

In this case the pay stubs would be from her moving back to the USA and starting a career as a teacher there (possibly in Texas or New York). Due to her qualifications and experience we do not foresee it being difficult for her to be hired as a teacher anywhere in the USA. 

 

The Thai income would be solely for the tax transcript requirements as she has been filing her income while here.

 

Her address on her license is her parents' address and they are also willing to help us with the joint sponsorship. All of which are in the Buffalo NY area. 

 

I hope this clarifies my earlier post. 

 

Thank you all for your informative replies, it really helps us to figure this process out.

For a teacher with a contract, I don't see a sponsorship issue, and she would already have reestablished domicile when she moves back to start working.  Just the contract for future work is not enough though.

[Disfan01 9]

She can stay with you the entire time, except for having to fly back to the US every three months to renew her visitors visa.  As long as SA doesn’t have Covid restrictions on us any longer.  As long as her parents income is 125% over the poverty line it’s fine. I wasn’t allowed to work while living in SA even on a spousal visa, but my mom acted as joint sponsor and we included a letter to the CO explaining this was the reason why I had no tax returns and our plans for me to go back to work upon our arrival in the US.  They never questioned it further as it didn’t seem to be an issue. 
 

as for domicile, as long as she’s living in SA and is intending to fly at the same time, she needs only to prove intent to reestablish domicile. I think all I gave them was my drivers license and a few bank statements. But again all that was included in my letter. 

Edited July 1, 2021 by Disfan01

[Dewald & Brittney 46]

11 hours ago, Disfan01 said:

She can stay with you the entire time, except for having to fly back to the US every three months to renew her visitors visa.  As long as SA doesn’t have Covid restrictions on us any longer.  As long as her parents income is 125% over the poverty line it’s fine. I wasn’t allowed to work while living in SA even on a spousal visa, but my mom acted as joint sponsor and we included a letter to the CO explaining this was the reason why I had no tax returns and our plans for me to go back to work upon our arrival in the US.  They never questioned it further as it didn’t seem to be an issue. 
 

as for domicile, as long as she’s living in SA and is intending to fly at the same time, she needs only to prove intent to reestablish domicile. I think all I gave them was my drivers license and a few bank statements. But again all that was included in my letter. 

Thank you. Her parents have agreed to sponsor us and they should make enough over the poverty line if both sign (big family). I'm glad to hear you didn't have any issues with tax returns due to you situation. We will be sure to add that information in our application. She will be returning to the US in June/July regardless of whether my visa is ready due to most schools hiring teachers at that time so that might help with the intent to establish a domicile part.