British Expats

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-   -   Confused (https://britishexpats.com/forum/marriage-based-visas-35/confused-904123/)

red_onion Oct 4th 2017 8:56 am

Confused
 
After many back and forth with the NVC I now have an interview set for CR-1 on 20/10 :thumbsup:
The is one important thing which I am finding hard to get information about and that is affidavit of support.

My wife is in school and can not meet income requirements. I am in the UK, IT security contractor. We put down as sponsoring myself as my job is location independent and I can work from the US if need be, i.e. my income will continue once I move to the US.
My question is what do I need to bring to the interview and which form do I need complete before I the interview?

Thanks as ever.

Noorah101 Oct 4th 2017 11:58 am

Re: Confused
 
If your case went through NVC, then your USC spouse has already submitted the I-864 Affidavit of Support to NVC.

There is nothing more you would need to bring to the interview for that. Bring originals of any photocopies that were submitted.

Rene

red_onion Oct 4th 2017 12:14 pm

Re: Confused
 

Originally Posted by Noorah101 (Post 12353401)
If your case went through NVC, then your USC spouse has already submitted the I-864 Affidavit of Support to NVC.

There is nothing more you would need to bring to the interview for that. Bring originals of any photocopies that were submitted.

Rene

Thanks Rene, yes my case was through NVC and she has submitted the I-864 form to them. On that it says we would use my continued income once moving over. Don't I need to bring any kind of proof from my current employers to show I am free to work from any location?

Thanks

Pulaski Oct 4th 2017 12:28 pm

Re: Confused
 

Originally Posted by red_onion (Post 12353411)
..... On that it says we would use my continued income once moving over. Don't I need to bring any kind of proof from my current employers to show I am free to work from any location? .....

Yes. You will need to take your contract that states you can work remotely on a permanent basis, and ideally it should specify that that doesn't need to be in the UK or in the same time zone. The more evidence the better, but make sure you have it clearly marked and organized. Take originals, and a complete set of copies clearly labeled and indexed. .... And tell the office immediately that you approach the desk that you have evidence of your continuing income, because we frequently hear of people who "took evidence to the interview, but weren't given the opportunity to present it". The interview is short and brisk and you will need to be proactive to make sure that you can get your evidence in front of the officer.

BTW This isn't the forum to discuss this, but you won't be able stay on the payroll in the UK because once you relocate to the US you will be liable for US taxes and SS contributions and not UK and NI contributions. You will need to become a self employed contractor and invoice your employer for your work done. I suggest that you start a thread in the main US forum to ask more about that.

tom169 Oct 4th 2017 12:28 pm

Re: Confused
 

Originally Posted by red_onion (Post 12353411)
Thanks Rene, yes my case was through NVC and she has submitted the I-864 form to them. On that it says we would use my continued income once moving over. Don't I need to bring any kind of proof from my current employers to show I am free to work from any location?

Thanks

I would take pay stubs and a formal letter from your employer stating your name, job title, pay and that it will continue.

Make sure this is on letterheaded paper.

red_onion Oct 4th 2017 1:46 pm

Re: Confused
 
Pulaski, I don't know generally if such a contract exists but my situation is I have my own limited company (Consultancy firm) and I provide services to other companies such as the current one I work for through an agency. My current contract is with an agency and it says this on the contract...

‘ The Services shall be performed at such location(s) as may be specified in an Assignment Schedule or, otherwise, as agreed between the Service Company and each Client and/or the Agency from time to time. If, during an Assignment, the Service Company is, at any time, to perform any Services at a different location from
the location specified/agreed, this shall have no effect on this Contract which shall continue in full force and effect. ‘

The agreement I have is not with my agency rather the company I work for. Probably as Tom suggested would having such a letter as stated helps?

Noorah101 Oct 4th 2017 3:58 pm

Re: Confused
 
I would have thought all this proof was sent in with the I-864. But I agree, take it to the interview as well.

Rene

Pulaski Oct 4th 2017 4:26 pm

Re: Confused
 

Originally Posted by red_onion (Post 12353494)
Pulaski, I don't know generally if such a contract exists but my situation is I have my own limited company (Consultancy firm) and I provide services to other companies such as the current one I work for through an agency. My current contract is with an agency and it says this on the contract...

‘ The Services shall be performed at such location(s) as may be specified in an Assignment Schedule or, otherwise, as agreed between the Service Company and each Client and/or the Agency from time to time. If, during an Assignment, the Service Company is, at any time, to perform any Services at a different location from
the location specified/agreed, this shall have no effect on this Contract which shall continue in full force and effect. ‘

The agreement I have is not with my agency rather the company I work for. Probably as Tom suggested would having such a letter as stated helps?

But that (in bold), sounds like you might be required to work at a location in the UK/outside the US, no?

viitav Oct 11th 2017 3:31 pm

Re: Confused
 
Just a warning - I had proof of continued income, a letter from my employer and pay stubs and they wouldn't take it as I could lose my job at any time.

So I had to use my husbands aunt as a joint sponsor. Have a back up plan.

red_onion Oct 20th 2017 9:12 pm

Re: Confused
 
You’re absolutely right. Had my interview today. I also presented pay slips, bank statement and more importantly a letter from my employer stating I’d be allowed to work remotely and my income is unaffected by the move as I am in IT and remote working these days is quiet the norm. I am told not good enough and had to find a sponsor. Reached out to a doc friend!


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