affidavit of support

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Old Oct 18th 2002, 4:27 pm
  #1  
Claudia
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Default affidavit of support

He everybody,
I am trying to collect all the requested informations that the
American embassy require before to fix the interview and there is one
thing that is worrying me more than everything: my fiancé (American)
does not have a job yet since he just moved to another state and he is
not really in good financial conditions with his bank account. But I
am earning good money in my country and have a good amount of money
saved in the bank. Do you think that my earnings with my bank account
would be enough for the visa? I am also already starting to write
resume to American companies in Las Vegas (where we are going to live)
hoping to get a job offer, even if it is so hard to get a job when you
can't have an interview because you are overseas and you can not even
tell to the company when exactly you are coming to USA... Is there
anybody in my same situation that can tell me what is best to do? Does
the fiancé have to fill on the Affidavit of Support even if he has
really a bad situation or is better than not to fill it at all?
I am really worrying this can mess up everything..., please rassure me
somehow!!!
Thank you for any help!
Claudia
 
Old Oct 18th 2002, 4:53 pm
  #2  
L D Jones
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Default Re: affidavit of support

claudia wrote:
    > He everybody,
    > I am trying to collect all the requested informations that the
    > American embassy require before to fix the interview and there is one
    > thing that is worrying me more than everything: my fiancé (American)
    > does not have a job yet since he just moved to another state and he is
    > not really in good financial conditions with his bank account. But I
    > am earning good money in my country and have a good amount of money
    > saved in the bank. Do you think that my earnings with my bank account
    > would be enough for the visa? I am also already starting to write

No. Your earnings would not count unless you lived in the same household
in the US for 6 months or more

    > resume to American companies in Las Vegas (where we are going to live)
    > hoping to get a job offer, even if it is so hard to get a job when you
    > can't have an interview because you are overseas and you can not even
    > tell to the company when exactly you are coming to USA... Is there

You could not work for a company in the US without the proper visa.
Since a petition has been filed for you I doubt you would be approved
for an H-1B.

    > anybody in my same situation that can tell me what is best to do? Does
    > the fiancé have to fill on the Affidavit of Support even if he has
    > really a bad situation or is better than not to fill it at all?

The affidavit is always required. You cannot simply refuse to file it.
Your spouse is always the primary sponsor even if his income does not
qualify. You should find a co-sponsor, a US citizen or permanent
resident who lives in the US, who is willing to sign a separate
affidavit. The co-sponsor does not have to be a relative.
 
Old Oct 18th 2002, 5:58 pm
  #3  
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Joined: Oct 2002
Posts: 99
Carl is an unknown quantity at this point
Default Re: affidavit of support

Originally posted by L D Jones:
claudia wrote:
[You could not work for a company in the US without the proper visa.
Since a petition has been filed for you I doubt you would be approved
for an H-1B.
What do you mean by this? Isn't it reasonable to apply for AOS separate from a work visa (H-1B) as long as you don't apply for a separate EAD with the AOS?
Carl is offline  
Old Oct 19th 2002, 2:15 am
  #4  
L D Jones
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Default Re: affidavit of support

Carl wrote:
    > Originally posted by L D Jones:
    > > claudia wrote:
    > > [You could not work for a company in the US without the proper visa.
    > > Since a petition has been filed for you I doubt you would be approved
    > > for an H-1B.
    > >
    > What do you mean by this? Isn't it reasonable to apply for AOS separate
    > from a work visa (H-1B) as long as you don't apply for a separate EAD
    > with the AOS?

I don't think it is reasonable to the INS

What I meant was that if the INS finds that the person had an immigrant
petition filed on her behalf she would not be granted an H-1B. Why would
one apply for AOS and not request an EAD in the process? Also, with an
EAD one can work for any employer while an H-1B is limited to the
sponsoring employer. Finally, in the current economy and considering
that the original poster in not in the US now I would guess that the EAD
would be obtained before an H-1B.
 
Old Oct 19th 2002, 6:49 am
  #5  
Ingo Pakleppa
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Default Re: affidavit of support

On Fri, 18 Oct 2002 19:15:10 -0700, L D Jones wrote:

    > Carl wrote:
    >> Originally posted by L D Jones:
    >> > claudia wrote:
    >> > [You could not work for a company in the US without the proper visa.
    >> > Since a petition has been filed for you I doubt you would be approved
    >> > for an H-1B.
    >> >
    >> >
    >> What do you mean by this? Isn't it reasonable to apply for AOS
    >> separate from a work visa (H-1B) as long as you don't apply for a
    >> separate EAD with the AOS?
    > I don't think it is reasonable to the INS
    > What I meant was that if the INS finds that the person had an immigrant
    > petition filed on her behalf she would not be granted an H-1B. Why would
    > one apply for AOS and not request an EAD in the process? Also, with an
    > EAD one can work for any employer while an H-1B is limited to the
    > sponsoring employer. Finally, in the current economy and considering
    > that the original poster in not in the US now I would guess that the EAD
    > would be obtained before an H-1B.

Actually, she can apply for an H-1B without a problem. H-1Bs explicitly
do allow dual intent.
 
Old Oct 19th 2002, 4:21 pm
  #6  
Claudia
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Default Re: affidavit of support

L D Jones wrote in message news:...
    > claudia wrote:
    > >
    > > He everybody,
    > > I am trying to collect all the requested informations that the
    > > American embassy require before to fix the interview and there is one
    > > thing that is worrying me more than everything: my fiancé (American)
    > > does not have a job yet since he just moved to another state and he is
    > > not really in good financial conditions with his bank account. But I
    > > am earning good money in my country and have a good amount of money
    > > saved in the bank. Do you think that my earnings with my bank account
    > > would be enough for the visa? I am also already starting to write
    > No. Your earnings would not count unless you lived in the same household
    > in the US for 6 months or more
    > > resume to American companies in Las Vegas (where we are going to live)
    > > hoping to get a job offer, even if it is so hard to get a job when you
    > > can't have an interview because you are overseas and you can not even
    > > tell to the company when exactly you are coming to USA... Is there
    > You could not work for a company in the US without the proper visa.
    > Since a petition has been filed for you I doubt you would be approved
    > for an H-1B.
    > > anybody in my same situation that can tell me what is best to do? Does
    > > the fiancé have to fill on the Affidavit of Support even if he has
    > > really a bad situation or is better than not to fill it at all?
    > The affidavit is always required. You cannot simply refuse to file it.
    > Your spouse is always the primary sponsor even if his income does not
    > qualify. You should find a co-sponsor, a US citizen or permanent
    > resident who lives in the US, who is willing to sign a separate
    > affidavit. The co-sponsor does not have to be a relative.

Thank you. I have a sister that has a green card since 3 years, could
she file a separate affidavit even if she is not actually living in
US?
 
Old Oct 20th 2002, 12:48 am
  #7  
L D Jones
Guest
 
Posts: n/a
Default Re: affidavit of support

claudia wrote:
    > L D Jones wrote in message news:...
    > > claudia wrote:
    > > >
    > > > He everybody,
    > > > I am trying to collect all the requested informations that the
    > > > American embassy require before to fix the interview and there is one
    > > > thing that is worrying me more than everything: my fiancé (American)
    > > > does not have a job yet since he just moved to another state and he is
    > > > not really in good financial conditions with his bank account. But I
    > > > am earning good money in my country and have a good amount of money
    > > > saved in the bank. Do you think that my earnings with my bank account
    > > > would be enough for the visa? I am also already starting to write
    > >
    > > No. Your earnings would not count unless you lived in the same household
    > > in the US for 6 months or more
    > >
    > > > resume to American companies in Las Vegas (where we are going to live)
    > > > hoping to get a job offer, even if it is so hard to get a job when you
    > > > can't have an interview because you are overseas and you can not even
    > > > tell to the company when exactly you are coming to USA... Is there
    > >
    > > You could not work for a company in the US without the proper visa.
    > > Since a petition has been filed for you I doubt you would be approved
    > > for an H-1B.
    > >
    > > > anybody in my same situation that can tell me what is best to do? Does
    > > > the fiancé have to fill on the Affidavit of Support even if he has
    > > > really a bad situation or is better than not to fill it at all?
    > >
    > > The affidavit is always required. You cannot simply refuse to file it.
    > > Your spouse is always the primary sponsor even if his income does not
    > > qualify. You should find a co-sponsor, a US citizen or permanent
    > > resident who lives in the US, who is willing to sign a separate
    > > affidavit. The co-sponsor does not have to be a relative.
    > Thank you. I have a sister that has a green card since 3 years, could
    > she file a separate affidavit even if she is not actually living in
    > US?

I don't think so. The affidavit requires that the co-sponsor be resident
(or domiciled) in the US. I believe the instructions that are included
with the form state this. See www.ins.gov.

I think your sister is in danger of one day losing her greencard if she
does not live in the US.
 

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