Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Affidivit of Support - so confused please help

Affidivit of Support - so confused please help

Thread Tools
 
Old Jun 30th 2002, 2:20 pm
  #1  
Kathy
Guest
 
Posts: n/a
Default Affidivit of Support - so confused please help

Hi to all

UK citizen here marrying US citizen. He is disabled and cannot work. He
obviously received disability benefits from the US government. A co-sponsor is
needed, this we know.

1. Does my soon to be husband's disability benefit be taken into consideration in the
Affidavit of Support or is it solely down to the co-sponsor?

2. We plan to marry around October here in UK, can we get the things needed for the
Affidavit of Support including the co-sponsor's IRS tax returns, co-sponsor's bank
statements etc yet or is it too soon?

3. I myself have not worked for around 10 years here in UK. My almost ex husband
suffers from epilepsy so I gave up work to stay home and care for him as he
needed supervision. Will this go against me at all as I have not worked?

We are just so scared that if we go ahead and have a quickie marriage here in UK that
we may be denied our K-3 spouse visa so that I can go home to him. We plan a quickie
marriage here and a proper good one in the US when i get home to him. Also none of
his relatives will be here with him for our UK marriage and I have no relatives here.
Will this go aginst us?

Just tryin to cover all aspects and tryin to get things going.

thanks all for your input
 
Old Jun 30th 2002, 2:20 pm
  #2  
Alvena Ferreira
Guest
 
Posts: n/a
Default Re: Affidivit of Support - so confused please help

kathy wrote:
    > UK citizen here marrying US citizen. He is disabled and cannot work. He obviously
    > received disability benefits from the US government. A co-sponsor is needed, this
    > we know.
    > 1. Does my soon to be husband's disability benefit be taken into consideration in
    > the Affidavit of Support or is it solely down to the co-sponsor?
    >
The spouse is always the primary sponsor, and he will have to submit an
affidavit...HOWEVER, IF he does NOT meet the income requirements, then the CO-sponsor
which is used will have to meet the income requirements for the number of persons in
the co-sponsor's household PLUS YOU. that is, if the co-sponsor just has himself and
his wife in his household, then his income requirement will be for 2 in his household
plus you, for a total of 3 persons. Your fiance's income does NOT figure into the
co-sponsor's income at all.

    > 2. We plan to marry around October here in UK, can we get the things needed for the
    > Affidavit of Support including the co-sponsor's IRS tax returns, co-sponsor's
    > bank statements etc yet or is it too soon?
    >
I would wait until closer to time, within 3 months from when it is needed. You do
understand that after the marriage, your new husband will have to file an I-130 for
you and then turn around and file an I-129f for the k-3 visa, and then after that is
approved, you will have an interview at London, at which time you will submit the
affidavit? This will take several months from submission.

    > 3. I myself have not worked for around 10 years here in UK. My almost ex husband
    > suffers from epilepsy so I gave up work to stay home and care for him as he
    > needed supervision. Will this go against me at all as I have not worked?
    >
It should not. The US government does not care whether you work or not as long as you
have the affidavit filed. That being said, your medical exam must show that you ARE
able to work.

    > We are just so scared that if we go ahead and have a quickie marriage here in UK
    > that we may be denied our K-3 spouse visa so that I can go home to him. We plan a
    > quickie marriage here and a proper good one in the US when i get home to him. Also
    > none of his relatives will be here with him for our UK marriage and I have no
    > relatives here. Will this go aginst us?
    >
Quickie marriages that are legal work just fine. However you will not be able to just
"go home" with him after the marriage, you do understand that this will take several
months after the marriage for you to get the visa, don't you?

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
 
Old Jul 3rd 2002, 5:20 am
  #3  
David
Guest
 
Posts: n/a
Default Re: Affidivit of Support - so confused please help

BTW, what are the income requirements? And would you happen to know what the asset
requirements are? Thx David

"kathy" <[email protected]> wrote in message
news:[email protected]...
    > Hi to all
    >
    > UK citizen here marrying US citizen. He is disabled and cannot work. He obviously
    > received disability benefits from the US government. A co-sponsor is needed, this
    > we know.
    >
    > 1. Does my soon to be husband's disability benefit be taken into consideration in
    > the Affidavit of Support or is it solely down to the co-sponsor?
    >
    > 2. We plan to marry around October here in UK, can we get the things needed for the
    > Affidavit of Support including the co-sponsor's IRS tax returns, co-sponsor's
    > bank statements etc yet or is it too soon?
    >
    > 3. I myself have not worked for around 10 years here in UK. My almost ex husband
    > suffers from epilepsy so I gave up work to stay home and care for him as he
    > needed supervision. Will this go against me at all as I have not worked?
    >
    > We are just so scared that if we go ahead and have a quickie marriage here in UK
    > that we may be denied our K-3 spouse visa so that I can go home to him. We plan a
    > quickie marriage here and a proper good one in the US when i get home to him. Also
    > none of his relatives will be here with him for our UK marriage and I have no
    > relatives here. Will this go aginst us?
    >
    > Just tryin to cover all aspects and tryin to get things going.
    >
    > thanks all for your input
 
Old Jul 3rd 2002, 12:39 pm
  #4  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Affidivit of Support - so confused please help

Originally posted by Alvena Ferreira
It should not. The US government does not care whether you work or not as long as you have the affidavit filed. That being said, your medical exam must show that you ARE able to work.
Er, Alvena...for the sake of discussion, would you tell us more about this statement? How does the medical show that one *is able* to work? I thought the purpose of the medical was to protect the borders against infectious diseases. Reason for asking is that my husband was medically retired from his profession and plans not to work to protect his pension. Thoughts, comments?
meauxna is offline  
Old Jul 3rd 2002, 5:58 pm
  #5  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,392
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Affidivit of Support - so confused please help

I don't like speaking for others but I don't think this is what Alvena meant by that statement. I believe she meant that the foreign fiancee/spouse must not have a disease which would prevent them from obtaining the visa. Since the USC is the one that will be sponsoring and supporting the alien (ratherless of their gender) the INS doesn't give a rat's arse about their working or not working. Their main concern is that they do not have a medical condition that will make their dependent on the public for medical/living benefits

Rita
Rete is offline  
Old Jul 4th 2002, 9:01 am
  #6  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Affidivit of Support - so confused please help

Originally posted by Rete
I don't like speaking for others but I don't think this is what Alvena meant by that statement. I believe she meant that the foreign fiancee/spouse must not have a disease which would prevent them from obtaining the visa. Since the USC is the one that will be sponsoring and supporting the alien (ratherless of their gender) the INS doesn't give a rat's arse about their working or not working. Their main concern is that they do not have a medical condition that will make their dependent on the public for medical/living benefits
Rita
Tx, Rete. That's how I understand it too. You know how it goes the closer one gets to interviews though...start to see boogeymen everywhere
mo
meauxna is offline  
Old Jul 5th 2002, 4:20 pm
  #7  
L D Jones
Guest
 
Posts: n/a
Default Re: Affidivit of Support - so confused please help

David wrote:
    >
    > BTW, what are the income requirements? And would you happen to know what the asset
    > requirements are?

Both of these are explained on the I-864 itself. See the form and related links here

http://www.ins.gov/graphics/formsfee/forms/i-864pkg.htm

Page 14 of the form lists the poverty guidelines (income requirement)
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.