Affadavit of Support
Nov 10th 2005, 2:45 pm
#1
Guest
Posts: n/a
Affadavit of Support
Hey everyone. I have another question. I understand that my fiance (soon
to be husband in 2 weeks!!!! =) needs to make above 125% of the poverty
line etc. The thing is we both just graduated from college so he has no
employment history to provide tax info etc. So we need a co-sponsor. We
would rather not ask his parents so we were wondering if we could ask
mine? My parents are Green Card holders but aren't citizens yet. Could
they act as sponsors for me so we can submit my paperwork etc? Another
question, my dad is the one that works and my mom doesnt but all of
their assets are joint. Could she sign the affadavit or would he need
to?
thanks,
Mongui
--
Posted via http://expatforums.com
to be husband in 2 weeks!!!! =) needs to make above 125% of the poverty
line etc. The thing is we both just graduated from college so he has no
employment history to provide tax info etc. So we need a co-sponsor. We
would rather not ask his parents so we were wondering if we could ask
mine? My parents are Green Card holders but aren't citizens yet. Could
they act as sponsors for me so we can submit my paperwork etc? Another
question, my dad is the one that works and my mom doesnt but all of
their assets are joint. Could she sign the affadavit or would he need
to?
thanks,
Mongui
--
Posted via http://expatforums.com
Nov 10th 2005, 9:46 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,486
Re: Affadavit of Support
Yes your father can provide an I-864 for you along with one from your husband. Be sure he includes a copy of his green card to prove his status.
No your mother does not have to sign the I-864.
Rete
No your mother does not have to sign the I-864.
Rete
Originally Posted by Mongui
Hey everyone. I have another question. I understand that my fiance (soon
to be husband in 2 weeks!!!! =) needs to make above 125% of the poverty
line etc. The thing is we both just graduated from college so he has no
employment history to provide tax info etc. So we need a co-sponsor. We
would rather not ask his parents so we were wondering if we could ask
mine? My parents are Green Card holders but aren't citizens yet. Could
they act as sponsors for me so we can submit my paperwork etc? Another
question, my dad is the one that works and my mom doesnt but all of
their assets are joint. Could she sign the affadavit or would he need
to?
thanks,
Mongui
--
Posted via http://expatforums.com
to be husband in 2 weeks!!!! =) needs to make above 125% of the poverty
line etc. The thing is we both just graduated from college so he has no
employment history to provide tax info etc. So we need a co-sponsor. We
would rather not ask his parents so we were wondering if we could ask
mine? My parents are Green Card holders but aren't citizens yet. Could
they act as sponsors for me so we can submit my paperwork etc? Another
question, my dad is the one that works and my mom doesnt but all of
their assets are joint. Could she sign the affadavit or would he need
to?
thanks,
Mongui
--
Posted via http://expatforums.com
Nov 11th 2005, 1:12 am
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Affadavit of Support
Originally Posted by Rete
Be sure he includes a copy of his green card to prove his status.
Ian
Nov 11th 2005, 2:30 pm
#4
Guest
Posts: n/a
Re: Affadavit of Support
> > Yes your father can provide an I-864 for you along with one from
> > your husband. Be sure he includes a copy of his green card to prove
> > his status.
> > No your mother does not have to sign the I-864.
> > Rete
> Just to add to this, joint sponsors must be domiciled in the US or
> any of its territories or possessions! This wasn't clear from the
> OP's post. :)
> Ian
> --
Another question, my parents don't live in the United States right now
but they come into the country every year to maintain their greencard or
something like that. I dont know what the deal is. I think they filed
some kind of form so they could have permission to reside outside the US
and not abandon their greencard. I talked to an immigration certified
person and they said that because my father worked for an American
company, and came into the US every year as well as filed taxes in the
US every year and had a greencard he could sign the affadavit of
support. Is this untrue?
--
Posted via http://expatforums.com
> > your husband. Be sure he includes a copy of his green card to prove
> > his status.
> > No your mother does not have to sign the I-864.
> > Rete
> Just to add to this, joint sponsors must be domiciled in the US or
> any of its territories or possessions! This wasn't clear from the
> OP's post. :)
> Ian
> --
Another question, my parents don't live in the United States right now
but they come into the country every year to maintain their greencard or
something like that. I dont know what the deal is. I think they filed
some kind of form so they could have permission to reside outside the US
and not abandon their greencard. I talked to an immigration certified
person and they said that because my father worked for an American
company, and came into the US every year as well as filed taxes in the
US every year and had a greencard he could sign the affadavit of
support. Is this untrue?
--
Posted via http://expatforums.com
Nov 12th 2005, 2:22 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,486
Re: Affadavit of Support
The form you speak of for your parents is not a guarantee that they will not be found have abandoned their residency in the US. If their residency is questioned at the POE I believe an immigration judge will be the one to make the final ruling on that. Just entering the US once a year is not enough. You have to show that you have not abandoned the US as your principal residency. Your attorney has spoke with you about this so I would say he is far better qualified to render an opinion on this then we are.
Originally Posted by Mongui
> > Yes your father can provide an I-864 for you along with one from
> > your husband. Be sure he includes a copy of his green card to prove
> > his status.
> > No your mother does not have to sign the I-864.
> > Rete
> Just to add to this, joint sponsors must be domiciled in the US or
> any of its territories or possessions! This wasn't clear from the
> OP's post.
> Ian
> --
Another question, my parents don't live in the United States right now
but they come into the country every year to maintain their greencard or
something like that. I dont know what the deal is. I think they filed
some kind of form so they could have permission to reside outside the US
and not abandon their greencard. I talked to an immigration certified
person and they said that because my father worked for an American
company, and came into the US every year as well as filed taxes in the
US every year and had a greencard he could sign the affadavit of
support. Is this untrue?
--
Posted via http://expatforums.com
> > your husband. Be sure he includes a copy of his green card to prove
> > his status.
> > No your mother does not have to sign the I-864.
> > Rete
> Just to add to this, joint sponsors must be domiciled in the US or
> any of its territories or possessions! This wasn't clear from the
> OP's post.
> Ian
> --
Another question, my parents don't live in the United States right now
but they come into the country every year to maintain their greencard or
something like that. I dont know what the deal is. I think they filed
some kind of form so they could have permission to reside outside the US
and not abandon their greencard. I talked to an immigration certified
person and they said that because my father worked for an American
company, and came into the US every year as well as filed taxes in the
US every year and had a greencard he could sign the affadavit of
support. Is this untrue?
--
Posted via http://expatforums.com
Nov 12th 2005, 2:26 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Affadavit of Support
Originally Posted by Rete
The form you speak of for your parents is not a guarantee that they will not be found have abandoned their residency in the US. If their residency is questioned at the POE I believe an immigration judge will be the one to make the final ruling on that. Just entering the US once a year is not enough. You have to show that you have not abandoned the US as your principal residency. Your attorney has spoke with you about this so I would say he is far better qualified to render an opinion on this then we are.
Unfortunately, not many attorneys are well versed in the law of abandonment. It happens to be one of my sub-specialities. However, the "Kane" pattern you mention is a red flag.
Nov 12th 2005, 3:23 pm
#7
Account Closed
Joined: Mar 2004
Posts: 2
Re: Affadavit of Support
Originally Posted by Folinskyinla
Hi:
Unfortunately, not many attorneys are well versed in the law of abandonment. It happens to be one of my sub-specialities. However, the "Kane" pattern you mention is a red flag.
Unfortunately, not many attorneys are well versed in the law of abandonment. It happens to be one of my sub-specialities. However, the "Kane" pattern you mention is a red flag.
Nov 12th 2005, 4:20 pm
#8
Guest
Posts: n/a
Re: Affadavit of Support
> > Hi:
> > Unfortunately, not many attorneys are well versed in the law of
> > abandonment. It happens to be one of my sub-specialities. However,
> > the "Kane" pattern you mention is a red flag.
> It sounds like they may have abandoned their GC status.
> --
Thanks All,
I consulted with an attorney specializing in abandonment and he
explained that they had not abandoned their GC because they had filed a
"special circumstances" petition allowing them to live outside the US
for a set period of time while working for an American comapny
(Halliburton) overseas and owning property in the US/Filing taxes every
year. For this reason they have a special document (little green
booklet) that they carry around and have to get stamped once a year.
Appreciate all the help though!
Mongui
--
Posted via http://expatforums.com
> > Unfortunately, not many attorneys are well versed in the law of
> > abandonment. It happens to be one of my sub-specialities. However,
> > the "Kane" pattern you mention is a red flag.
> It sounds like they may have abandoned their GC status.
> --
Thanks All,
I consulted with an attorney specializing in abandonment and he
explained that they had not abandoned their GC because they had filed a
"special circumstances" petition allowing them to live outside the US
for a set period of time while working for an American comapny
(Halliburton) overseas and owning property in the US/Filing taxes every
year. For this reason they have a special document (little green
booklet) that they carry around and have to get stamped once a year.
Appreciate all the help though!
Mongui
--
Posted via http://expatforums.com
Nov 12th 2005, 5:24 pm
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Affadavit of Support
Originally Posted by Boiler
It sounds like they may have abandoned their GC status.
Put the "may" in CAPS. These cases are quite fact specific.
