CEAC Feedback Affidavit of Support (AOS)

[iCodeClean 20]

Hi everybody, 

 

we've send the needed AOS documents for form DS260 back in May in order to get an interview appointment. However, today they gave us some Feedback. 

 

Just a quick context:

 

- My wife is living with me in Europe and we've been living together since over a decade and have a child together

- My wife only lived in the US when she was a baby

- We are planning on moving all together to the US

- My wife never paid taxes in the US since recently, because she didn't know before that she also has to pay taxes in the US additionally  (she now did that a couple of months ago for the last 3 years)

- We've written and uploaded a statement that my wife currently doesn't have a domicile in the US, but that we are moving together when my IR-1 VISA is granted

 

Our tax advisor from the US did the taxes for my wife and she then told us that we can get the W2/1099 when we move to the US from the IRS. Currently we only have the 1040 Federal Return Form. 

 

Now we have 2 points in the feedback:

 

One is asking for all W2/1099 forms for 2021 and we don't know where we can get that, since we are currently not in the US. Can we get that from abroad even though our tax advisor said it's only possible from within the US?

The other feedback point is regarding the proof of domicile. We thought if we write a statement, that my wife intends to have a domicile no later than the move together, that it might be enough (since somebody else posted it here in the forum). But even though we've written an explanation it doesn't seem to be enough. The feedback says:

 

Jane might not have a principal residence or be domiciled in the United States. Please submit proof of domicile. For more information on domicile requirements, visit https://nvc.state.gov/fin.

 

What can we do in that case from abroad? We go to visit the family in the US in October, is there something we could do that would help us for the case while there?

 

Also, is it normal that the status is saying accepted while at the same time needing more documents?

 

 

I want to thank you in advance for any tips or hints.

 

Edited September 8, 2022 by iCodeClean

[JeanneAdil 6,491]

Your USC wife work for  a US company?

if so,  they should have sent W2 to address (even if foreign address)

if not a US company,  there would be no W2

 

Get a copy of the IRS transcripts not just the 1040 

 

she will need to establish domicile by getting an agreement to rent 

or agreement from family that u will reside with them while looking for your own place

 

she needs US income or a joint sponsor that will do the I 864 along with latest US tax returns 

 

getting a state DL ,   registering to vote (those help)

 

and yes,  AOS can show accepted but its supporting documents that are missing like US income 

[iCodeClean 20]

Thanks for your reply!

 

She works for a Swiss company. Does it mean she'll just has to write that she doesn't work for a US company instead of providing the W2?

 

Since we want to move together, we can't get rental agreement because we wouldn't know when my Visa would be processed, and then she would live there alone without me and our son. But getting an agreement from family (my father in law) is not a problem.

 

We have a joint sponsor and that part is luckily already accepted without needing further documents.

[Chancy 6,241]

4 hours ago, iCodeClean said:

She works for a Swiss company. Does it mean she'll just has to write that she doesn't work for a US company instead of providing the W2?

 

Is your wife going to work for a US branch of the same Swiss company when she moves to the US?  If not, did she write $0 as her qualifying income on the I-864?  If not, that's likely why you got that note from NVC requiring W2/1099.  They want proof that the income listed on the I-864 qualifies for sponsorship.  Foreign income that will not continue from the same source after moving to the US does not qualify.

 

As for additional domicile evidence for NVC, is she registered to vote in US elections?  Is your child school-age?  If so, have you communicated with prospective schools in the US about your child's schooling?

 

[pushbrk 12,872]

35 minutes ago, Chancy said:

 

Is your wife going to work for a US branch of the same Swiss company when she moves to the US?  If not, did she write $0 as her qualifying income on the I-864?  If not, that's likely why you got that note from NVC requiring W2/1099.  They want proof that the income listed on the I-864 qualifies for sponsorship.  Foreign income that will not continue from the same source after moving to the US does not qualify.

 

As for additional domicile evidence for NVC, is she registered to vote in US elections?  Is your child school-age?  If so, have you communicated with prospective schools in the US about your child's schooling?

 

Seconding that if she isn't transferring to the US to work for the same company, you'll need a joint sponsor or qualify on liquid assets alone.  You'll also need to complete a new I-864 showing correctly that she has zero current income she is using to qualify.  Note the words "you are using to qualify..." in the current income question.  If you don't have income you can "use" the answer is zero, not matter what her income is.  That will do away with the W2 question.  W2 forms are issued by US Employers and are used to file US Tax returns based on US employment.  

 

You tax advisor was right in that you'll have W2 forms in the USA but only after working in the USA.

[iCodeClean 20]

My wife cannot work for a US branch (at least not for her current employer) because she is a dental assistant. She will just have to find something new when we move over.

 

We did the part with the qualifying income wrong I guess. We've put in there her current salary from Switzerland, thank you for the hint. Do you know if that part is adjustable afterwards since we've already uploaded it and it's accepted?

With the Swiss salary alone she would fit as the only sponsor, but since we knew they don't consider the Swiss salary we took a joint sponsor who earns much more than the required minimum.

 

Thank you guys for the replies!

Edited September 9, 2022 by iCodeClean

[iCodeClean 20]

9 hours ago, Chancy said:

 

Is your wife going to work for a US branch of the same Swiss company when she moves to the US?  If not, did she write $0 as her qualifying income on the I-864?  If not, that's likely why you got that note from NVC requiring W2/1099.  They want proof that the income listed on the I-864 qualifies for sponsorship.  Foreign income that will not continue from the same source after moving to the US does not qualify.

 

As for additional domicile evidence for NVC, is she registered to vote in US elections?  Is your child school-age?  If so, have you communicated with prospective schools in the US about your child's schooling?

 

Yes we have our child is in school age and we have written an email to one school, but didn't hear anything back, even though we asked for a reply after a few weeks when we didn't hear back. 

[iCodeClean 20]

8 hours ago, pushbrk said:

 You'll also need to complete a new I-864 showing correctly that she has zero current income she is using to qualify. 

We will adjust the part "My current individual annual income is" in part 5 then, and resubmit it. Thank you!

[iCodeClean 20]

On 9/8/2022 at 6:24 PM, JeanneAdil said:

Your USC wife work for  a US company?

if so,  they should have sent W2 to address (even if foreign address)

if not a US company,  there would be no W2

 

Get a copy of the IRS transcripts not just the 1040 

 

she will need to establish domicile by getting an agreement to rent 

or agreement from family that u will reside with them while looking for your own place

 

she needs US income or a joint sponsor that will do the I 864 along with latest US tax returns 

 

getting a state DL ,   registering to vote (those help)

 

and yes,  AOS can show accepted but its supporting documents that are missing like US income 

Hi again Jeanne, 

 

We now have almost everything you've stated and uploaded it. We adjusted the I-864 form and put $0 as the qualified income and my father in law has written a statement, that my wife will reside with him while looking for our own place. However, right now we still live in Europe and will go and visit the family in about 2 weeks. Is is possible to get a state DL even if my wife doesn't live there yet? If not, we would just send the current documents and let them be reviewed again in hope that it's enough. 

Edited September 16, 2022 by iCodeClean