Affadavit of Support Question

[jolsen87 0]

So my husband and I are applying DCF in Korea, and since we both live in Korea, I obviously have no US income to speak of and so cannot support him on my own. My dad is going to sponsor him/us? but I'm confused about a few details.

1.Do I and my dad BOTH need to fill out an Affadavit form, even though I know I have no income to verify? [and no tax forms at all for the last few years]

2. Is he showing that he can support my husband, or that he is supporting BOTH of us?

This part is so confusing! Help! Seriously, if anyone has a copy of line-by-line explanations for this part, I would be eternally grateful!

[Kazulie 132]

1. You both fill out an I-864.

2. Your dad only needs to prove he is supporting your husband, as you are already a US citizen (I assume).

uscis.gov has the form I-864 and instructions.

[Penguin_ie 5,996]

1. Both of you fill in a I-864 each.

2. Only the husband (and any other household members he has, such as his wife/ your mom, any kids he still supports etc)

[Nich-Nick 3,354]

So my husband and I are applying DCF in Korea, and since we both live in Korea, I obviously have no US income to speak of and so cannot support him on my own. My dad is going to sponsor him/us? but I'm confused about a few details.

1.Do I and my dad BOTH need to fill out an Affadavit form, even though I know I have no income to verify? [and no tax forms at all for the last few years]

2. Is he showing that he can support my husband, or that he is supporting BOTH of us?

This part is so confusing! Help! Seriously, if anyone has a copy of line-by-line explanations for this part, I would be eternally grateful!

The part about no tax forms at all for the last few years----

As an American citizen, you are required to file a US tax return every year (even when abroad) if you earn money anywhere in the world. If you earned at a Korean job, then file a return but you won't necessarily owe any tax with it. It is often for informational purposes and your foreign earned income can be excluded. It depends on tax treaties between the US and Korea. Tax treaty countries http://www.irs.gov/Businesses/International-Businesses/United-States-Income-Tax-Treaties---A-to-Z

The I-864 you will fill out REQUIRES information from your last three tax returns and a copy of the most recent one. If you didn't file tax returns, then a statement from you stating why you weren't required to file must accompany your I-864. Being out of the country is not a valid reason for not filing and won't be accepted by USCIS.

If you had no job and earned no money (or very little) in Korea, then you wouldn't be required to file. It's just like if you lived in the US and didn't work, you wouldn't be required to file. If that is the case, then your statement needs to be specific stating what you earned (converted to US dollars).

"in 2011, I earned $155.23 and therefore did not meet the threshold for filing a tax return."

"in 2010, I earned $0.00 and therefore did not meet the threshold for filing a tax return."

"In 2009........etc

So this is a head's up that if you earned income in Korea, you need to get 3 years of tax returns filed and if you didn't have income, be sure and include your signed statement with your I-864.

Edited December 7, 2012 by Nich-Nick