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Affidavit of Support woes

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Affidavit of Support woes

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Old Oct 15th 2003, 4:20 am
  #1  
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Default Affidavit of Support woes

I am leaving my job to go and stay in Australia for about 3-6 months and to file DCF in Sydney. I have already found out that I can do it, however I have some questions about the affidavit of support.

-I am leaving my job to live in australia. Of course there not going to want me to come back even if I did give them 2 weeks notice. He is working and making 20,000 american in Australia. Are we allowed to use him income or does it have to be mine? We are married, but his job is there in Australia.

-I can get a co-sponsor but im just worried that them seeing I dont currently have a job here will get us denied. Any suggestions?
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Old Oct 15th 2003, 5:29 am
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Default Re: Affidavit of Support woes

If he moves here he will not have current income so his job in Austrailia will not really help you here from what I can tell.

What will your family size be? And what is your net worth between the 2 of you? You may be able to use assets.

But the best thing in your favor is that you do have a co-sponser. If they meet the requirement it will not matter. I see no reason that you will be denied.

This was a big issue for me because I was worried about a layoff happening at the wrong time. Another thing to remember is that the VISA holder can sit on it for 6 months(yes I know more time apart...) and it can give you time to find any job. If you add in the 3 month stay it is 9 months to find something to make it fly. No need to panic even if you do not have a co-sponser. If it is only the 2 of you, a little savings and a job at McDonalds fits the requirment.

Originally posted by RBurlinson
I am leaving my job to go and stay in Australia for about 3-6 months and to file DCF in Sydney. I have already found out that I can do it, however I have some questions about the affidavit of support.

-I am leaving my job to live in australia. Of course there not going to want me to come back even if I did give them 2 weeks notice. He is working and making 20,000 american in Australia. Are we allowed to use him income or does it have to be mine? We are married, but his job is there in Australia.

-I can get a co-sponsor but im just worried that them seeing I dont currently have a job here will get us denied. Any suggestions?
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Old Oct 16th 2003, 2:26 am
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Default Re: Affidavit of Support woes

Originally posted by RBurlinson
I am leaving my job to go and stay in Australia for about 3-6 months and to file DCF in Sydney. I have already found out that I can do it, however I have some questions about the affidavit of support.

-I am leaving my job to live in australia. Of course there not going to want me to come back even if I did give them 2 weeks notice. He is working and making 20,000 american in Australia. Are we allowed to use him income or does it have to be mine? We are married, but his job is there in Australia.

-I can get a co-sponsor but im just worried that them seeing I dont currently have a job here will get us denied. Any suggestions?
You need to get a co-sponsor and he/she needs to show 3 yrs of tax returns. It does not matter if you don't have a job as long as you have a co-sponsor. But you still need to file the affidavit of support because you are the main sponsor. I did not have a job when I filed DCF for my non US citizen husband. As long as my co- sponsor earned more than the minimum requirement based on the family size it was fine.
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Old Oct 17th 2003, 1:58 pm
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On the Affidavit of Support you can use your husband's income if you have been residing together for the 6 months prior to your signing of the Affidavit. Foreign earned income from either one if you is acceptable.

I dont have a job and Im filing through DCF in london. My 2002 tax return isnt much (all foreign earned income btw) and I can make up the difference x 5 from our house (asset).

From what Ive been told the USC's spouse's income goes a long way to show that they are unlikely to become a public charge and can in a way act as their OWN financial support, however its probably best to get a co-sponsor if you cant meet the requirement with your own income and assets (you can also use his assets).

It doesnt matter if you dont have a job when you file, but it helps.
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Old Oct 17th 2003, 4:17 pm
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Thanks Guys! Well I decided to go ahead with the Co-Sponsor. Only problem is, she didnt make enough in her earnings from work so were using her double wide mobile home she bought as an asset. All we have is the title and the purchase reciept. I dont know how to find out its value, and im leaving for Perth tommorow. I'm guessing she will have to mail it to me.

Also, for the year 2000 I dont have a tax form because my co-sponsor claimed me. Is that acceptable proof as to why I dont have that years taxes? I figure them seeing my name on there and the relationship status as grandchild should also be enough proof of relationship and residency.

I tell you.. if I didnt love this aussie man. lol!
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Old Oct 17th 2003, 5:17 pm
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Have a real estate agent come round and value the property. they should do it free of charge.

If you werent working in 2000 and therefore no tax return, just let them know that. Being claimed as a dependant doesnt mean you dont have to file for any wages you earned, its just that your tax will be calculated differently.
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Old Oct 17th 2003, 5:20 pm
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R,

Being claimed as a dependent on another person's tax return may not be an acceptable reason for not having filed a tax return. My children filed tax returns every year as they were growing up even though my wife and I claimed them as dependents on our tax return.

If you owe tax, you have to file a return even if someone else can claim you as a dependent. Even if you don't owe tax, you can still file a return, so if you had any kind of income - such as a few dollars of bank interest - file a late return.

If you had no income of any kind, that is a very good reason for not having filed.

Originally posted by RBurlinson
...

Also, for the year 2000 I dont have a tax form because my co-sponsor claimed me. Is that acceptable proof as to why I dont have that years taxes? I figure them seeing my name on there and the relationship status as grandchild should also be enough proof of relationship and residency.

I tell you.. if I didnt love this aussie man. lol!
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Old Oct 17th 2003, 5:52 pm
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Default Re: Affidavit of Support woes

jeffreyhy wrote:

    > R,
    >
    >
    >
    > Being claimed as a dependent on another person's tax return may not be
    > an acceptable reason for not having filed a tax return. My children
    > filed tax returns every year as they were growing up even though my wife
    > and I claimed them as dependents on our tax return.
    >
    >
    >
    > If you owe tax, you have to file a return even if someone else can claim
    > you as a dependent. Even if you don't owe tax, you can still file a
    > return, so if you had any kind of income - such as a few dollars of bank
    > interest - file a late return.
    >
    >
    >
    > If you had no income of any kind, that is a very good reason for not
    > having filed.

Even if you have some income, but not enough to require filing, you
don't need to file, EVEN for the VISA process.
 
Old Oct 17th 2003, 8:25 pm
  #9  
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Default Re: Affidavit of Support woes

mrtravel wrote:

    :> If you had no income of any kind, that is a very good reason for not
    :> having filed.

    : Even if you have some income, but not enough to require filing, you
    : don't need to file, EVEN for the VISA process.

no, but it's not a huge deal to file anyway.

in 2000, when i was putting together the support materials for our dcf
i-130, i only had a 1999 tax return (in 1997 and 1998, my only income
had been from nontaxable disability benefits). rather than deal with
trying to explain the situation to a consular officer, i downloaded
the 97 and 98 tax forms from the irs website, filled them out, and
mailed them in. my photocopies of these worked just fine at the
consulate; they seemed to be mainly interested in my most recent tax
return and current earnings.

--
sine | deb
the only thing more amazing than the amount
of paper they require is the amount they never look at
 

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