Seeking Guidance on Affidavit of Support

[JeffreyAF 2]

Greetings Everyone,

 

I'm reaching out for guidance as I navigate "Step 4 - Affidavit of Support" in the visa process.

 

Please ask me any questions that will assist you in helping me navigate this step.

 

To provide some context, I moved to the Philippines 7 years ago with no plans of returning to the US. However, my family (wife + 2 children with US passports) and I are now excited about the prospect of moving to the US.

 

I have been employed by the same company since 2018 in the Philippines and use my sister’s US address for mailing purposes, as I currently don't have a US residence.

 

In total, I have been with the parent company for 15 years, having worked both in the US and the Philippines.

 

Here’s a detailed look at my situation:
 

• Income: I earn approximately $75,000 USD annually in the Philippines.
• Tax Filing: I’ve consistently filed Federal tax returns every year since 2006 and have been filing joint returns with my wife since 2019.
• Assets: While I lack savings, I have a retirement plan worth about $25,000, which I plan to cash out upon resignation. Additionally, I will liquidate assets in the Philippines valued around $20,000.  I don't have any assets in the US.
• Family: My wife is a homemaker, has no income, and does not plan to work upon moving to the US.
• Additionally, my wife currently holds a B1 visa for travel to the US. I am unsure how this might impact or assist with our current immigration process.

 

Here are my questions:
 

• Form Selection: Given my circumstances, is it more appropriate to file the I-864 instead of the I-864EZ? If I will file the I-864EZ. Condition 3 specifies that income must be shown on IRS Form W-2s, which I do not have due to my employment in the Philippines. I do possess the BIR Form 2316, the standard tax document here.
• Financial Sufficiency: Does my financial situation meet the sponsorship requirements, or should I consider having my sister or another family member complete a separate I-864 as a joint sponsor?
• Employment Contingency: My transfer back to a US-based position hinges on my wife's visa approval. I am not willing to move to the US without my family. How might this affect the affidavit process?
• Potential Issues: Are there any pitfalls or delays I should anticipate if I am the sole financial sponsor for my wife?
• Experiences and Advice: Has anyone else faced a similar situation? What steps did you take to ensure a smooth process?

I am looking forward to learn from those who have been through this or have expertise in visa-related matters.

Thank you in advance for your assistance!

 

Jeff.

 

 

[Boiler 46,321]

You work remotely for a US Company and you will be relocating to the US and continuing your employment?

[JeffreyAF 2]

Thank you @Boiler for responding with a point for clarification.

 

I am currently employed by the Philippine branch of my global company. My plan is to resign from this position and transition to a role within the US branch of the same company.

 

To facilitate this transition, I intend to secure my employment with the US legal entity 4-6 weeks prior to resigning from my position in the Philippines. This approach mirrors my previous experience when I moved to the Philippines, where I resigned from the US branch and was subsequently hired by the Philippine branch.

 

Regarding remote work, I am unable to work remotely from the Philippines for the US entity due to company policy. Although our company has a "work from anywhere" policy, it restricts remote work outside of one's home country to a maximum of four weeks per year.

[Boiler 46,321]

You said your Sister could be a Joint Sponsor?

[JeffreyAF 2]

@Boiler, yes I've asked my sister if she would be a joint sponsor. I'm sure she would but I would like to avoid it if it's not necessary.

 

My wife also has 2 siblings in the USA under permanent resident visa's. They are both gainfully employed for many years. Does the joint sponsor need to be a US citizen?

[Boiler 46,321]

LPR is fine