Affidavit of Support

[Dan79 0]

Hi

This will be my first post in the site, I will like to know if anyone of you were in a similar situation and how it was managed.

My wife is the petitioner and I am the beneficiary, I work abroad for many years (Many countries) and she does the travel with me, She used to work until we started to have kids and as of now she does not work.

We need to fill the Affidavit of Support but she does not have any income besides all the money I made (Joint account in USA).

I own the House where we will live in USA and currently earn decent money, but she does not have any Tax, W2, IRS.

Could she complete the form with all our actual financial information and how likely is NVC to accept it. She is a teacher and at the moment she is trying to obtain her license so she can start to work once obtained. but that will be somewhere around June 2016, my case was approved in March 2015, so we should completed before she start to work.

Any hints, suggestions and comments will be highly appreciated.

Regards

Dan.

[mallafri76 1,012]

Hi and welcome to VJ.

For the affidavit of support (AOS), your wife needs to show that she can financially support you so you won't become a liability on the government, unless your salary will remain from the same source after you immigrate to the US, in which case you can use your own income? If you want to use assets instead of a salary, it needs to be three times the poverty guidelines for your household size. Say you have two children, that's a household size of four which means your assets need to be three times $30,312, so you need $90,936 in assets. The asset can include your house minus any loans/mortgage on it.

If you're living abroad, your wife must also prove a US domicile, which I guess your house in the US will be.

Good luck on your visa journey

Edit: Are you doing a CR/IR-1 or are you in the US and adjusting status? Your profile says CR/IR-1 visa but just noticed that you've posted in the adjustment of status forum.

Edited October 11, 2015 by mallafri76

[VZLAN-US-Citizen 11]

I believe that there is some flexibility in these cases, but I am not 100% sure... I would consult with a lawyer in this particular case if I were you.

The IMMIGRATION AND NATIONALITY ACT (INA): ACT 213A - REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 1/

states that

(ii) Flexibility.-For purposes of this section, aliens may demonstrate the means to maintain income through demonstration of significant assets of the sponsored alien or of the sponsor, if such assets are available for the support of the sponsored alien.

Read the entire thing here:

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

Good Luck.

[KayDeeCee 4,893]

What are you filing for? Spousal visa?

[Dan79 0]

Hi and welcome to VJ.

For the affidavit of support (AOS), your wife needs to show that she can financially support you so you won't become a liability on the government, unless your salary will remain from the same source after you immigrate to the US, in which case you can use your own income? If you want to use assets instead of a salary, it needs to be three times the poverty guidelines for your household size. Say you have two children, that's a household size of four which means your assets need to be three times $30,312, so you need $90,936 in assets. The asset can include your house minus any loans/mortgage on it.

If you're living abroad, your wife must also prove a US domicile, which I guess your house in the US will be.

Good luck on your visa journey

Edit: Are you doing a CR/IR-1 or are you in the US and adjusting status? Your profile says CR/IR-1 visa but just noticed that you've posted in the adjustment of status forum.

Hi Mallafri76, I will say yes to both, as for the section of Adjustment of status I guess I am still learning the site.

I believe that there is some flexibility in these cases, but I am not 100% sure... I would consult with a lawyer in this particular case if I were you.

The IMMIGRATION AND NATIONALITY ACT (INA): ACT 213A - REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT 1/

states that

(ii) Flexibility.-For purposes of this section, aliens may demonstrate the means to maintain income through demonstration of significant assets of the sponsored alien or of the sponsor, if such assets are available for the support of the sponsored alien.

Read the entire thing here:

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

Good Luck.

Vzlan-US Citizen Muchas Gracias

What are you filing for? Spousal visa?

Spousal Visa

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to IR-1/CR-1 Process- filing for spousal visa & dealing with NVC ~