contacts

so i have been here on a j-1 and my fiance and i have decided that we want to tie the knot sometime soon she is a citizen and works full time but recently graduated.

Unfortunately i discovered she does not meet the 125% threshold for her household size and as a result we shall need a co-sponsor.
the financial support paperwork it said something along the lines of the co-sponsor needs to be from the same household as us.
i may have read it wrong as i have a sister in Cali who would happily be my co-sponsor but as she doesnt live with us does this mean that she would effectively be ineligible to put her income down as a co sponsor ?
im confused and really need your help.
cheers

meauxna

Re-read it.


I-864, just to be sure.

fatbrit

Also, you could substitute with capital.

ian-mstm

Yup! The joint sponsor can be any USC or PR, over age 18, and living in the US. Anyone at all.

Ian

Bob

just let them know what they are potentially getting themselves involved in...

contacts

thanks guys

californian

Definitely don't need to be *in her household*, her parents and/or siblings might be a good source.

contacts

Oh there is more that iforgot to add i didn't think it was relevant initially but i could be wrong.
we both lived in the UK and moved to the states last year.
she is working now by the way but we dont live together for the time being because She moved back to the west coast and im on a j-1 interning on the east coast.
the fact that she lived with me in the uk means she didnt file taxes for the 2 years she was abroad, does this make her inelligible to sponsor me?
im stuck and dunno what to do. im considering maybe goin back to london.

also would i have to quit my internship and move to the west coast as part of the process???
thanks in advance.

meauxna

No, that means there is a fact that 'she lived in the UK'. And there is another which is 'she didn't file her tax returns'.
There's an unstated one that says 'US citizens must report all their worldwide income and file tax returns every year'.

She needs to file them; she's allowed to do it late.


Is she going to get a job? How/for how long does she plan to live at less than the poverty level?

What are you talking about, going back to London and quitting your J-1---what is it you want to do? Get married and live in the US was the impression I had?

Noorah101

She will need to provide a copy of the most recent year's tax return, for the I-864 affidavit of support. So if you file AOS in 2008, she will need to show 2007 tax returns. If she has not filed a 2007 tax return, she should contact IRS and file one now.

No.

Rene

contacts

Ok so now i am kinda baffled lol.
I do wanna stay in the states n be with my girllfriend
but i jus wanna clarify, i can continue my J1 in New York and she has to file taxes only for last year??

she ain't gonna be under the poverty line for much longer as she has a job now.
just my stipend ain't enough to sustain me for much longer so i just wanted to guage the time scale i would be working with if i had to wait for her to file her next tax return.

Also does this mean that as long as she hasn't filed her taxes for 2007 she cannot sponsor me, even with a co-sponsor?
On the forms it says something abot living together, how will that work in terms of getting fingerprinted etc... as i can't fly east to west cosntantly cos my budget is limited, i kinda jus wanna get it all sorted then move to the west coast at the end of my placement

Noorah101

Yes, you can.

Technically she is supposed to file a US Tax Return every year, even if she is living and working overseas. For the I-864, she will need to show the most current year, so she should do a 2007 return first, then do any other year she's missing.

If she's using a joint sponsor anyway, she can probably just show proof that she's taken the steps towards filing the late return.

No, it does not mean that.

You need to pick ONE address as your joint permanent address...sounds like the west coast one will be the one, since you'll be moving there at the end of your placement. That is the address you guys should use on your AOS paperwork. That is the city where you will have your AOS interview, if there is one. That is the address where all your receipts and notices will be mailed to.

As for your fingerprinting, once you receive the notice for biometrics at the address on the west coast, I'm thinking she can send you the notice and you can have them done on the east coast. Just explain your circumstances to the folks who do the fingerprinting.

USCIS understands that couples might spend some time apart due to work and/or school. You should work on showing your joint life together at one address (west coast), though, and demonstrate that your position on the east coast is temporary. For example, get both your names on the lease and utility bills on the west coast. Make sure you use the west coast address as your permanent mailing address.

I was in a similar situation myself...my alien husband and I live permanently in Arizona, but his work takes him to California most of the time. He is self employed and runs his own workshop in California where all his clients are. But his permanent home and mailing address is with me in Arizona. He came to the USA on a fiance visa, we did his AOS, and his removal of conditions, and the fact that he lives in one state but works in another was never an issue for us.

Best Wishes,
Rene

contacts

thanks for your help, ok so im beginning to understand this slightly better now.
So would i need to get california ID and also im still kinda stuck on the taxes issue..
does this mean i gotta file taxes in the uk also lol..

sorry for all the questions..

so on the sponsor form what do i put considering that she is yet to file last years taxes

Noorah101

I don't think you can get a California ID unless you are physically living there, you would have to go in person to the California DMV, but you're not there, are you? You're in NY.

I have no idea about your tax situation in the UK.

By "sponsor form" do you mean the I-864? You don't put anything....your wife fills that out. She will have to wait until she files 2007 taxes before she can fill out any questions regarding her past tax returns.

Rene

Noorah101

Since she does not meet the 125% anyway....she can probably just write a statement as to why she did not file her tax returns, and include that with HER I-864. She should still file her back tax returns anyway, though.

My understanding is that you are using a joint sponsor, so their tax returns are the ones USCIS will be looking for.

By the way, just to make sure, you do not have the 2-year home residency requirement on your J-1, is that correct?

Rene