Sponsorship questions

[xuxi 0]

Hello, I am new to this forum, and i would like to thank you all for this forum, it is truly helpful.

I am a US born citizen living abroad since i came to Portugal as a baby. I am married to a Romanian and I just filed I-130 at the Embassy on 8th August. I was wondering, i also have a similar problem with the affidavit of support as "lightsound"lightsound.

My family (distant relatives) is currently unwilling to help and will most surely refuse to sign the affidavit, as they are very wary of the responsabilities. I do not have assets in the amount of $51,339 USD (only a recent property with mortgage loan, but with deductable amount of the loan is not enough...) so I guess either i borrow that amount of money to put in my bank account, or we need to find a joint sponsor as I never worked in the U.S., but it seems nobody will do this for us...I think it is very difficult right? Nobody will do this without knowing my husband personally, and I am aware of this condition. So I am stuck in the mud.

My other options are to relocate to the US to work while my husband waits here in PT for me but I do not know anybody else than those relatives who are not going to help me in any way, and I would prefer to go with him, as I do not wish to stay away from here that long...I am very indecisive and not sure about what to do. Can anybody please help me with any ideas? Also do you think that a job promisse from the USA with expected income and would help me establishing a future income, and therefore substituing the joint sponsor ? Can i combine this with something else? Is there a special form for the job promisse? So many questions, but really i feel totally lost, If I don´t get the $51,339 USD in the bank and will need to go ahead of him, how many months do I need to be able to provide pay stubs and an employer letter as evidence of sufficient income? Should i start packing? When the interview date comes he will have to show that he will not become a public charge so I need to plan ahead. I´m getting puzzled and crazy trying to find solutions ...

Thank you in advance

[pushbrk 13,118]

Hello, I am new to this forum, and i would like to thank you all for this forum, it is truly helpful.

I am a US born citizen living abroad since i came to Portugal as a baby. I am married to a Romanian and I just filed I-130 at the Embassy on 8th August. I was wondering, i also have a similar problem with the affidavit of support as "lightsound"lightsound.

My family (distant relatives) is currently unwilling to help and will most surely refuse to sign the affidavit, as they are very wary of the responsabilities. I do not have assets in the amount of $51,339 USD (only a recent property with mortgage loan, but with deductable amount of the loan is not enough...) so I guess either i borrow that amount of money to put in my bank account, or we need to find a joint sponsor as I never worked in the U.S., but it seems nobody will do this for us...I think it is very difficult right? Nobody will do this without knowing my husband personally, and I am aware of this condition. So I am stuck in the mud.

My other options are to relocate to the US to work while my husband waits here in PT for me but I do not know anybody else than those relatives who are not going to help me in any way, and I would prefer to go with him, as I do not wish to stay away from here that long...I am very indecisive and not sure about what to do. Can anybody please help me with any ideas? Also do you think that a job promisse from the USA with expected income and would help me establishing a future income, and therefore substituing the joint sponsor ? Can i combine this with something else? Is there a special form for the job promisse? So many questions, but really i feel totally lost, If I don´t get the $51,339 USD in the bank and will need to go ahead of him, how many months do I need to be able to provide pay stubs and an employer letter as evidence of sufficient income? Should i start packing? When the interview date comes he will have to show that he will not become a public charge so I need to plan ahead. I´m getting puzzled and crazy trying to find solutions ...

Thank you in advance

Sounds to me like you need to get to the US and go to work. There is no concrete answer to how long you need to be working.

[MargotDarko 0]

As pushbrk says, there's no rule to the amount time you should be working first. Which is the tricky part. The idea is that they need to believe it's a sustainable income, and it will be especially tricky without previous US income and without any joint sponsor for back up.

You may already know, but a joint sponsor does not have to be a family member. It can be any US citizen, residing in the states, who can meet the income and/or financial requirements. They would need 125% of the poverty guideline for their household plus your husband. They could use assets to make up any shortfall at five times the difference needed. Although it doesn't sound like you would have someone like that either.

This is just my personal opinion, but you may want to discuss possibly putting off the move until you have more assets. An approved I-130 is valid for a year. Or you could cancel and refile later on. It would be terrible if you went ahead to the states without him, worked and lived alone for a few months, and then he was denied at the interview for not being able to show substantial enough support.

Please forgive me if you didn't want the advice. Just ignore it if you didn't want it!

Edited August 20, 2007 by MargotDarko

[Chica Yeyé 41]

How about staying in PT, save a lot to a US account and once you have the ducks (and the bucks) in a row, apply again? This way you won't have to be separated.... the idea of separation breaks my little and crazy heart...

[xuxi 0]

As pushbrk says, there's no rule to the amount time you should be working first. Which is the tricky part. The idea is that they need to believe it's a sustainable income, and it will be especially tricky without previous US income and without any joint sponsor for back up.

You may already know, but a joint sponsor does not have to be a family member. It can be any US citizen, residing in the states, who can meet the income and/or financial requirements. They would need 125% of the poverty guideline for their household plus your husband. They could use assets to make up any shortfall at five times the difference needed. Although it doesn't sound like you would have someone like that either.

This is just my personal opinion, but you may want to discuss possibly putting off the move until you have more assets. An approved I-130 is valid for a year. Or you could cancel and refile later on. It would be terrible if you went ahead to the states without him, worked and lived alone for a few months, and then he was denied at the interview for not being able to show substantial enough support.

Please forgive me if you didn't want the advice. Just ignore it if you didn't want it!

Oh MargotDarko I feel a little desperate, and i welcome any advices, because I suppose I am in a very difficult position, thank you for your aswers. I will try hard to look for someone who could accept being my joint sponsor. I do not wish to cancel my I-130 and will do so only if I cannot find a solution, as my final option, i guess.

[xuxi 0]

How about staying in PT, save a lot to a US account and once you have the ducks (and the bucks) in a row, apply again? This way you won't have to be separated.... the idea of separation breaks my little and crazy heart...

And it breaks mine too...also I do not have anyone to help me once i get to the States, which is also the reason i don´t want to go alone....I will think about what to do thanks for your aswer.

[Mephibosheth 0]

So here is some advice, please feel free to disregard it:

It seems like I've read somewhere that people have been accepted on the basis having a signed job contract in the US, I'm not sure how you would be able to obtain that, living in Portugal, but if that is an option for you, it may work. I think it's up to the discretion of the embassy if they accept it... on the I-864EZ it asks to give an estimate of your current annual salary.. if your (future) job pays enough, you can put a high number there and back it up with your contract and a letter from your future employer... if you are in the states already you can include a recent pay stub. Also, if your husband is able to secure a job contract in the US beforehand, his future income can also count to meet the requirements (look at this thread for more on that http://www.visajourney.com/forums/index.ph...c=35199&hl=)

"A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement

and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,

Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax

years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these

items will help you qualify." (from the I-864 EZ)

Another question is how you can prove your domicile in the US if you lived in Portugal all your life (which is a requirement to be a sponsor), a job contract would make that a lot easier

How you can proof your domicile in the US: (from the I-864 EZ)

"B.You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof that could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

C. You intend in good faith to reestablish your domicile in

the United States no later than the date of the intending

immigrant's admission or adjustment of status. You must

submit proof that you have taken concrete steps to establish

you will be domiciled in the United States at a time no later

than the date of the intending immigrant's admission or

adjustment of status. Concrete steps might include accepting a

job in the United States, signing a lease or purchasing a

residence in the United States, or registering children in U.S.

schools. Please attach proof of the steps you have taken to

establish domicile as previously described."

Another question is if you were required to file taxes in the US even though you lived in Portugal and if you did so (check with the IRS) :

"If you were required to file a Federal income tax return during

any of the previous 3 tax years but did not do so, you must file

any and all late returns with the IRS and attach an IRS-

generated tax return transcript documenting your late filing

before submitting the I-864EZ Affidavit of Support. If you

were not required to file a Federal income tax return under

U.S. tax law for any other reason, attach a written explanation

including evidence of the exemption and how you are subject

to it. Residence outside of the United States does not exempt

U.S. citizens or lawful permanent residents from filing a U.S.

Federal income tax return. See "Filing Requirements" in the

IRS Form 1040 Filing Instructions to determine whether you

were required to file.

For purposes of this affidavit, the line for gross (total) income

on IRS Forms 1040 and 1040A will be considered when

determining income. For persons filing IRS Form 1040EZ,

the line for adjusted gross income will be considered."

all quotes are from the instructions to the I-864 which can be found here:

http://www.uscis.gov/files/form/I-864EZ.pdf

[Mephibosheth 0]

check this post:

http://www.visajourney.com/forums/index.ph...st&p=274181

and this post:

http://www.visajourney.com/forums/index.ph...st&p=326023

maybe talk to the embassy where you wish to file and ask them if they would accept a job contract as proof of income

[xuxi 0]

check this post:

http://www.visajourney.com/forums/index.ph...st&p=274181

and this post:

http://www.visajourney.com/forums/index.ph...st&p=326023

maybe talk to the embassy where you wish to file and ask them if they would accept a job contract as proof of income

What a precious help all of you have been....I have some new ideas, my husband has some property back in his country and as soon as we find out the net value for that maybe we can conciliate that with a job promise, or with a joint sponsor if we can find anyone who will be able to sign the form for us, you´ve just opened a new window of hope for us. to establish domicile i can go to the usa and open a bank account what do you think this will be enough?

Thank you so much for your advices and bless this forum!

[Mephibosheth 0]

sounds good to me...

one thing though is that i think you need a signed job contract, not a job promise ...

blessings and good luck to you

[xuxi 0]

Yesterday i got in the mail my packet 3 ! The Portuguese Embassy is fast...