BigBoss1984

Hey all,

I have a quick question regarding the Affedavit of Support for a K-3 Spouse Visa.

I'm the immigrant in question, and when I move to the United States (I'm currently in the UK) to be wit my spouse, my income will continue from the same source (my employer is allowing me to work remotely) - am I correct in understanding that this can be used on the Affedavit of support to make up the poverty threshold as the income is continuing from the same source?

Thanks

ian-mstm

Yes... but please god, tell me that you aren't actually doing a K-3 visa. From your previous posts it seems that a CR-1 visa would be much more appropriate.

Ian

BigBoss1984

Thanks Ian,

You're right - did a little research and the CR-1 is infinitely the better choice. Once again, you've put me on the right track - thanks again

Alright so, the CR-1 visa - so long as my income is continuing from the same employer, we're good to use my income alone (students... ) to hit the poverty threshold? Or rather, 125% of the poverty threshold?

Thanks again!

Noorah101

Yes. Your USC spouse will include your continuing income on her I-864. She should include proof that it will continue, in a very specific letter from your employer stating such, including your salary (in USD).

Rene

BigBoss1984

Thanks Rene - Just had a brief look at the I-864 form - where abouts would my continuing income be stated? I only see assets right now. My spouse does have a part time job (she's at college at the minute) so would my income and her income be combined or can we use one or the other?

EDIT: I read that the part in the I-864 form is question 24b - but unless I'm missing something, I only see question 24 - which is 'Relationship to sponsored immigrant' - am I missing something?

Thanks!

Noorah101

Her income goes in part 6, number 1. She puts your income information in part 6, number 3.

She uses your combined income to qualify.

Rene

BigBoss1984

Ah I see it now! Right in front of my eyes the entire time! Sorry one last question, it states that;

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Will my income still be counted as I don't currently live with her, I live in the UK - and when I arrive in the USA I won't be living with her right away either, due to her finishing up her degree - will this matter?

ian-mstm

Apparently, you've never seen my 3 rules for filling out forms:

1) Take each question at face value;
2) Do not ascribe any meaning to the question beyond what is plainly written; and
3) Do not alter the question to fit your situation.

If you follow the 3 rules and don't violate any of them, you'll be fine.

Do the instructions say not to include income if you're not living with the spouse?

Ian

BigBoss1984

Hey Ian,

I think what's concerning me is that on the I-864 it says; 'Income you are using from any other person who was counted in your household size'

With this in mind, I won't be in my spouses household - so am I still counted as part of her household size? I think if I know that my income, continuing from the UK when I move to the US, will be counted for the poverty threshold - with me not living with her presently, nor when I move to the US (not right away anyways) - I won't be as worried about the process ha

ian-mstm

What makes you say that? Household doesn't mean where you live... it has to do with dependency! Keep in mind that it's your wife who completes the I-864, not you! Everything must be considered from her point of view as the USC spouse!

If there's any doubt about what I've said - you are part of your spouse's household.

Ian

BigBoss1984

Oh! So it has nothing to do with actual residence? It's all part of dependency? That makes things much less stressful for me haha. So for our household size, it would only be her and me? She lives with three other people but they're students and aren't her dependants - and if my salary can make up the poverty threshold (125% of it) for a household containing two people we're golden?

Thanks!

BigBoss1984

Just another thing - sorry - how would this be affected if my spouse was still a dependant of her parents household?

I'll expand on this - my spouse is currently a dependant to her parents for her tuition and medical insurance - if we file for the CR-1 and submit the I-864 in which she names me as a dependant, would that affect her dependency status with her parents? Also, would we have to file taxes together or could we do them separately?

Noorah101

How old is she? Do her parents actually list her as a dependent on their tax return, or are they just paying for her tuition and medical stuff?

I'd say you are fine.

As for taxes, once you are married, she will have to file in the "married" category, but can choose "married filing separately", although that doesn't give as good of a tax break as "married filing jointly". After marriage, she just can't file in the "single" category.

Rene

ian-mstm

Correct.


It doesn't matter, the parents are not her dependents. As I wrote earlier... don't try to alter the question to fit your situation.


No.


She (since she files the I-864) will need to include copies of her most recent 3 years' worth of tax returns. If she wasn't required to file because of low earnings, she needs to include a statement to that effect. What's important is that her tax returns show that she filed as married (either jointly or separately) and not as single - for however long you've been married.

You aren't ever required to file a joint return - but most married couples find it financially advantageous to do so! The US returns must show that you filed as married and not as single.

Ian

Noorah101

Just curious, but have you also read the instructions for the I-864? It sounds like you're only looking at the form. The instructions describe how to count the household size.

Rene