Worried about the affidavit of support
Dec 14th 2009, 5:17 pm
#1
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Joined: Dec 2009
Posts: 8
Worried about the affidavit of support
Hello all,
I just registered here after many frustrating hours of google searches for information and only coming up with more questions and concerns. I'm a US citizen and have been married to my British husband for almost 5 years. We've lived in England since we were married. About a year ago, we decided we'd like to move to the states. We've begun the application process with the embassy in London, and in preparing the forms for the notification of readiness part, police checks, etc., we're hung up on what on earth to expect when it comes to the affidavit of support. Our most confusing and worrying issue is this:
We're both living and working in the UK, and I haven't generated income or had a residence so to speak in the US for 5 years. We've been able to afford living here, but only just (basically, we have very little saved for the move). We can prove that we are good employees and have maintained employment over the years, but looking at the support form, it seems cut & dry, provide W2 (is a W2 from 2004 even acceptable?) and US address. I'm worried it'll be denied on this basis and that I'll have to leave my husband and work & live for 6 months alone before his visa is approved. Has anyone been in this situation?
We haven't been told in any of the corresponding petition approval notices and forms from the embassy that the affidavit will even be required. This, however, is of little comfort to us as we haven't been told much else in these letters, either.
Thanks for reading my question!
I just registered here after many frustrating hours of google searches for information and only coming up with more questions and concerns. I'm a US citizen and have been married to my British husband for almost 5 years. We've lived in England since we were married. About a year ago, we decided we'd like to move to the states. We've begun the application process with the embassy in London, and in preparing the forms for the notification of readiness part, police checks, etc., we're hung up on what on earth to expect when it comes to the affidavit of support. Our most confusing and worrying issue is this:
We're both living and working in the UK, and I haven't generated income or had a residence so to speak in the US for 5 years. We've been able to afford living here, but only just (basically, we have very little saved for the move). We can prove that we are good employees and have maintained employment over the years, but looking at the support form, it seems cut & dry, provide W2 (is a W2 from 2004 even acceptable?) and US address. I'm worried it'll be denied on this basis and that I'll have to leave my husband and work & live for 6 months alone before his visa is approved. Has anyone been in this situation?
We haven't been told in any of the corresponding petition approval notices and forms from the embassy that the affidavit will even be required. This, however, is of little comfort to us as we haven't been told much else in these letters, either.
Thanks for reading my question!
Dec 14th 2009, 5:42 pm
#2
Member
Joined: Apr 2001
Posts: 14,049
Re: Worried about the affidavit of support
c,
Lot's of people have been in this situation. A quick search of this web site will turn up several relevant threads.
Let me ask you a practical question - if you have very little in savings, and neither of you has a job in the USA (there are a record number of "good employees" already in the USA who have been out of work for longer than 6 months), how do you expect to house, feed, and clothe yourselves once you're in the USA? Explaining that to the US government is the basic purpose of the I-864.
Answering the question for us here will help us to tell you how you might deal with the I-864.
Regards, JEff
Lot's of people have been in this situation. A quick search of this web site will turn up several relevant threads.
Let me ask you a practical question - if you have very little in savings, and neither of you has a job in the USA (there are a record number of "good employees" already in the USA who have been out of work for longer than 6 months), how do you expect to house, feed, and clothe yourselves once you're in the USA? Explaining that to the US government is the basic purpose of the I-864.
Answering the question for us here will help us to tell you how you might deal with the I-864.
Regards, JEff
We're both living and working in the UK, and I haven't generated income or had a residence so to speak in the US for 5 years. We've been able to afford living here, but only just (basically, we have very little saved for the move). We can prove that we are good employees and have maintained employment over the years, but looking at the support form, it seems cut & dry, provide W2 (is a W2 from 2004 even acceptable?) and US address. I'm worried it'll be denied on this basis and that I'll have to leave my husband and work & live for 6 months alone before his visa is approved. Has anyone been in this situation?
Dec 14th 2009, 5:58 pm
#3
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Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: Worried about the affidavit of support
It would also be helpful to know what kind of visa the OP's husband has applied for. If the K-3, then he'll need to go through the adjustment of status (AOS) process once he gets here, which could further delay when he can work. It will also cost them a lot more money in the long run, since AOS has its own fees and related expenses.
If the OP's husband has applied for the IR-1 visa, though, then he becomes a PR immediately upon entry to the US, which will cut out the need to apply for AOS and a work permit (EAD).
~ Jenney
If the OP's husband has applied for the IR-1 visa, though, then he becomes a PR immediately upon entry to the US, which will cut out the need to apply for AOS and a work permit (EAD).
~ Jenney
Dec 14th 2009, 6:07 pm
#4
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Joined: Feb 2008
Posts: 3,259
Re: Worried about the affidavit of support
a) We're both living and working in the UK, and I haven't generated income or had a residence so to speak in the US for 5 years. We've been able to afford living here, but only just (basically, we have very little saved for the move).
b) We can prove that we are good employees and have maintained employment over the years, but looking at the support form, it seems cut & dry, provide W2 (is a W2 from 2004 even acceptable?) and US address.
c) I'm worried it'll be denied on this basis and that I'll have to leave my husband and work & live for 6 months alone before his visa is approved. Has anyone been in this situation?
b) We can prove that we are good employees and have maintained employment over the years, but looking at the support form, it seems cut & dry, provide W2 (is a W2 from 2004 even acceptable?) and US address.
c) I'm worried it'll be denied on this basis and that I'll have to leave my husband and work & live for 6 months alone before his visa is approved. Has anyone been in this situation?
b) The forms are confusing if you live abroad. They are designed from the point of view that someone filing them is doing so from inside the US. As you don't have recent W2s, you don't need to provide them. Forget about the 2004 one as it's not relevant to your last three years of earnings anyway.
c) If you don't have anyone who can act as a joint-sponsor, then that's a path that's possible for you.
Ask yourself this: If you both at least have jobs in the UK, with the economy how it is (in both countries), is now the right time for your move? You may want to get back to the US but without jobs and health coverage, aren't you better off where you are, for now?
Perhaps it might be better to save up for another 12 months and see what the situation is like at that time?
Last edited by BritishGuy36; Dec 14th 2009 at 6:14 pm.
Dec 14th 2009, 6:15 pm
#5
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Worried about the affidavit of support
It would also be helpful to know what kind of visa the OP's husband has applied for. If the K-3, then he'll need to go through the adjustment of status (AOS) process once he gets here, which could further delay when he can work. It will also cost them a lot more money in the long run, since AOS has its own fees and related expenses.
If the OP's husband has applied for the IR-1 visa, though, then he becomes a PR immediately upon entry to the US, which will cut out the need to apply for AOS and a work permit (EAD).
~ Jenney
If the OP's husband has applied for the IR-1 visa, though, then he becomes a PR immediately upon entry to the US, which will cut out the need to apply for AOS and a work permit (EAD).
~ Jenney
The fact that they applied directly in London means the OP's husband will be getting an Immigrant Visa (IR-1).
Thus, the I-864 is required.
Rene
Dec 14th 2009, 6:19 pm
#6
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Location: Richmond, VA, USA
Posts: 4,316
Re: Worried about the affidavit of support
Well, at least that's one good thing for the OP!~ Jenney
Dec 14th 2009, 6:23 pm
#7
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Worried about the affidavit of support
Hi castlez, Welcome to BE.
You have a few options on meeting the I-864 requirements:
1. If either you or your husband's income will continue from the same source once inside the USA, you can use that income on the I-864 (for example, retirement income).
2. If you have enough in assets (cash savings is best), then you can use that on the I-864. Assets must be 3x the amount you would have needed in income.
3. You can get a joint sponsor for the I-864. Any USC or US PR, age 16 or over, living in the USA can be a joint sponsor. They must meet the income requirement for their own household size plus the immigrant.
4. You can come to the USA ahead of your husband and secure a job which pays enough to qualify for the I-864, get a few paystubs in your possession, and meet the I-864 requirement yourself.
Domicile is a separate issue. You will need to show evidence of your intent to domicile in the USA. A search on this forum will give you other posters who have had the same dilemma, and how they overcame it. Here are some ideas:
1. Make sure you've filed a US tax return each year. Even if you did not earn enough to warrant filing, it might be a good idea to file one with zero income.
2. Provide proof that you are house-hunting, job-hunting, apartment-hunting, enrolling kids in school, car-shopping, etc. (in the USA, of course.)
3. Get a US bank account, drivers license, voter registration, memberships to US organizations, etc.
4. The 100% foolproof way of showing your domicile in the USA is for you to move there yourself, ahead of your husband. Then it is 100% clear that YOU are domiciled in the USA, and that issue will be overcome.
Best Wishes,
Rene
You have a few options on meeting the I-864 requirements:
1. If either you or your husband's income will continue from the same source once inside the USA, you can use that income on the I-864 (for example, retirement income).
2. If you have enough in assets (cash savings is best), then you can use that on the I-864. Assets must be 3x the amount you would have needed in income.
3. You can get a joint sponsor for the I-864. Any USC or US PR, age 16 or over, living in the USA can be a joint sponsor. They must meet the income requirement for their own household size plus the immigrant.
4. You can come to the USA ahead of your husband and secure a job which pays enough to qualify for the I-864, get a few paystubs in your possession, and meet the I-864 requirement yourself.
Domicile is a separate issue. You will need to show evidence of your intent to domicile in the USA. A search on this forum will give you other posters who have had the same dilemma, and how they overcame it. Here are some ideas:
1. Make sure you've filed a US tax return each year. Even if you did not earn enough to warrant filing, it might be a good idea to file one with zero income.
2. Provide proof that you are house-hunting, job-hunting, apartment-hunting, enrolling kids in school, car-shopping, etc. (in the USA, of course.)
3. Get a US bank account, drivers license, voter registration, memberships to US organizations, etc.
4. The 100% foolproof way of showing your domicile in the USA is for you to move there yourself, ahead of your husband. Then it is 100% clear that YOU are domiciled in the USA, and that issue will be overcome.
Best Wishes,
Rene
Dec 14th 2009, 6:49 pm
#8
Joined: Apr 2002
Posts: 35,082
Re: Worried about the affidavit of support
H I'm worried it'll be denied on this basis and that I'll have to leave my husband and work & live for 6 months alone before his visa is approved. Has anyone been in this situation?
We haven't been told in any of the corresponding petition approval notices and forms from the embassy that the affidavit will even be required. This, however, is of little comfort to us as we haven't been told much else in these letters, either.
We haven't been told in any of the corresponding petition approval notices and forms from the embassy that the affidavit will even be required. This, however, is of little comfort to us as we haven't been told much else in these letters, either.
The Affidavit of Support I-864 is mentioned many times in the Embassy information. You can read more:
http://www.usembassy.org.uk/cons_new...ivprocess.html
Form DS-2001 that you return to say you're ready for the interview mentions it.
http://www.usembassy.org.uk/cons_new...iv/ds2001.html
http://www.usembassy.org.uk/cons_new/visa/iv/i864.html
There are some detailed FAQs here
http://www.usembassy.org.uk/cons_new...864_index.html
Be sure to read them all, but the one about domicile will explain that term more fully.
Also, look for a thread here by Ginblossom titled 'Nightmare in London' or similar.
Dec 14th 2009, 7:46 pm
#9
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Joined: Dec 2009
Posts: 8
Re: Worried about the affidavit of support
Thanks for the welcome and for all of the quick and helpful replies. I apologize for not specifying which visa he applied for in the original post, and also for bringing up a repeat subject. I searched before posting, but after thread 20 of over 400 that mentioned the affidavit but didn't really apply to my circumstances, I felt the need to either reach out or tear my hair out!
As my husband will be handing over his responsibilities at work to another person, there's a possibility that the company will keep him on for a month or two as a consultant; we're aware this would help, but it isn't certain yet, and probably won't be for another month or so.
I've just checked and by the poverty guidelines stated, what I earn annually in the UK is just enough to provide for us, but I won't have that job when we move, so I reckon that's irrelevant.
Our plan was that we would sell what we aren't taking and use that money, with our savings and combined income from our last months at work, to pay for the move. However, those assets don't look to add up to 3x the income as listed in the guidelines on the I-864. We intend to stay with my parents until we have accommodation and at least one of us has a job. I do have the option of going back to an old employer when we arrive in the states. Although it isn't ideal, and I'm avoiding getting written evidence of this from the owner due to the fact that I don't want to go back unless we have difficulty finding other work, do you think it would help if I were to go head and ask for a letter saying I have this job as a guarantee if needed?
As for US taxes, I haven't filed any since I moved here in 2005. I never earned enough to have to owe, and didn't even think it was something I had to worry about when moving here. I hope this doesn't create a problem.
My mother has offered to provide joint sponsorship; my parents told us they would help us in any way. I think I'll take her up on this offer. It isn't looking like I have much of a choice.
Regarding domicile, I hadn't even gone there. We don't have any children, so school enrolment isn't an option. I still have a valid US driving license and an open bank account (nothing's been paid into it in a few years, but it is still open). I am a registered voter.
I have no retirement fund but my husband has through his job. He is going to look in to transferring his retirement to a 401K, but we're not sure if that's possible. He's going to contact them tomorrow and try to find out what his options are.
As for the economy and whether or not it's a good idea that we move now, we've talked about that... a lot. Bottom line for us is that yes, it's difficult in the US right now, but it's also difficult here... we don't want to wait on the financial world to fix itself before we carry on with our personal lives. There will always be hard times, for economies and for individuals; encountering obstacles is not always a valid reason for postponing a plan.
Thanks so much for the replies - I really appreciate the information you've all given.
As my husband will be handing over his responsibilities at work to another person, there's a possibility that the company will keep him on for a month or two as a consultant; we're aware this would help, but it isn't certain yet, and probably won't be for another month or so.
I've just checked and by the poverty guidelines stated, what I earn annually in the UK is just enough to provide for us, but I won't have that job when we move, so I reckon that's irrelevant.
Our plan was that we would sell what we aren't taking and use that money, with our savings and combined income from our last months at work, to pay for the move. However, those assets don't look to add up to 3x the income as listed in the guidelines on the I-864. We intend to stay with my parents until we have accommodation and at least one of us has a job. I do have the option of going back to an old employer when we arrive in the states. Although it isn't ideal, and I'm avoiding getting written evidence of this from the owner due to the fact that I don't want to go back unless we have difficulty finding other work, do you think it would help if I were to go head and ask for a letter saying I have this job as a guarantee if needed?
As for US taxes, I haven't filed any since I moved here in 2005. I never earned enough to have to owe, and didn't even think it was something I had to worry about when moving here. I hope this doesn't create a problem.
My mother has offered to provide joint sponsorship; my parents told us they would help us in any way. I think I'll take her up on this offer. It isn't looking like I have much of a choice.
Regarding domicile, I hadn't even gone there. We don't have any children, so school enrolment isn't an option. I still have a valid US driving license and an open bank account (nothing's been paid into it in a few years, but it is still open). I am a registered voter.
I have no retirement fund but my husband has through his job. He is going to look in to transferring his retirement to a 401K, but we're not sure if that's possible. He's going to contact them tomorrow and try to find out what his options are.
As for the economy and whether or not it's a good idea that we move now, we've talked about that... a lot. Bottom line for us is that yes, it's difficult in the US right now, but it's also difficult here... we don't want to wait on the financial world to fix itself before we carry on with our personal lives. There will always be hard times, for economies and for individuals; encountering obstacles is not always a valid reason for postponing a plan.
Thanks so much for the replies - I really appreciate the information you've all given.
Dec 14th 2009, 7:59 pm
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Worried about the affidavit of support
I've just checked and by the poverty guidelines stated, what I earn annually in the UK is just enough to provide for us, but I won't have that job when we move, so I reckon that's irrelevant.
I do have the option of going back to an old employer when we arrive in the states. Although it isn't ideal, and I'm avoiding getting written evidence of this from the owner due to the fact that I don't want to go back unless we have difficulty finding other work, do you think it would help if I were to go head and ask for a letter saying I have this job as a guarantee if needed?
As for US taxes, I haven't filed any since I moved here in 2005. I never earned enough to have to owe, and didn't even think it was something I had to worry about when moving here. I hope this doesn't create a problem.
My mother has offered to provide joint sponsorship; my parents told us they would help us in any way. I think I'll take her up on this offer. It isn't looking like I have much of a choice.
Regarding domicile, I hadn't even gone there. We don't have any children, so school enrolment isn't an option. I still have a valid US driving license and an open bank account (nothing's been paid into it in a few years, but it is still open). I am a registered voter.
Rene
Dec 14th 2009, 8:04 pm
#11
Member
Joined: Apr 2001
Posts: 14,049
Re: Worried about the affidavit of support
c,
Sounds like you have good family support, using your mother as a joint sponsor - or as a household member if you will be living with her - should solve the financial aspect of sponsorship as long as she has sufficient financial resources.
The domicile requirement is a bit more tricky, and recent reports indicate that the attitude in London is moving from accepting expression of intent to establish domicile towards requiring that domicile be established. In the worst case you may have to move back to the USA and your husband will be issued his visa shortly afterward. Starting now to do the things that you will need to do to leave the UK and re-locate to the USA may help to establish sufficient intent that you won't have to move in advance of your husband.
9 FAM 40.41 Notes, N6 provides guidance on the issue of domicile.
Regards, JEff
Sounds like you have good family support, using your mother as a joint sponsor - or as a household member if you will be living with her - should solve the financial aspect of sponsorship as long as she has sufficient financial resources.
The domicile requirement is a bit more tricky, and recent reports indicate that the attitude in London is moving from accepting expression of intent to establish domicile towards requiring that domicile be established. In the worst case you may have to move back to the USA and your husband will be issued his visa shortly afterward. Starting now to do the things that you will need to do to leave the UK and re-locate to the USA may help to establish sufficient intent that you won't have to move in advance of your husband.
9 FAM 40.41 Notes, N6 provides guidance on the issue of domicile.
Regards, JEff
Thanks for the welcome and for all of the quick and helpful replies. I apologize for not specifying which visa he applied for in the original post, and also for bringing up a repeat subject. I searched before posting, but after thread 20 of over 400 that mentioned the affidavit but didn't really apply to my circumstances, I felt the need to either reach out or tear my hair out!
As my husband will be handing over his responsibilities at work to another person, there's a possibility that the company will keep him on for a month or two as a consultant; we're aware this would help, but it isn't certain yet, and probably won't be for another month or so.
I've just checked and by the poverty guidelines stated, what I earn annually in the UK is just enough to provide for us, but I won't have that job when we move, so I reckon that's irrelevant.
Our plan was that we would sell what we aren't taking and use that money, with our savings and combined income from our last months at work, to pay for the move. However, those assets don't look to add up to 3x the income as listed in the guidelines on the I-864. We intend to stay with my parents until we have accommodation and at least one of us has a job. I do have the option of going back to an old employer when we arrive in the states. Although it isn't ideal, and I'm avoiding getting written evidence of this from the owner due to the fact that I don't want to go back unless we have difficulty finding other work, do you think it would help if I were to go head and ask for a letter saying I have this job as a guarantee if needed?
As for US taxes, I haven't filed any since I moved here in 2005. I never earned enough to have to owe, and didn't even think it was something I had to worry about when moving here. I hope this doesn't create a problem.
My mother has offered to provide joint sponsorship; my parents told us they would help us in any way. I think I'll take her up on this offer. It isn't looking like I have much of a choice.
Regarding domicile, I hadn't even gone there. We don't have any children, so school enrolment isn't an option. I still have a valid US driving license and an open bank account (nothing's been paid into it in a few years, but it is still open). I am a registered voter.
I have no retirement fund but my husband has through his job. He is going to look in to transferring his retirement to a 401K, but we're not sure if that's possible. He's going to contact them tomorrow and try to find out what his options are.
As for the economy and whether or not it's a good idea that we move now, we've talked about that... a lot. Bottom line for us is that yes, it's difficult in the US right now, but it's also difficult here... we don't want to wait on the financial world to fix itself before we carry on with our personal lives. There will always be hard times, for economies and for individuals; encountering obstacles is not always a valid reason for postponing a plan.
Thanks so much for the replies - I really appreciate the information you've all given.
As my husband will be handing over his responsibilities at work to another person, there's a possibility that the company will keep him on for a month or two as a consultant; we're aware this would help, but it isn't certain yet, and probably won't be for another month or so.
I've just checked and by the poverty guidelines stated, what I earn annually in the UK is just enough to provide for us, but I won't have that job when we move, so I reckon that's irrelevant.
Our plan was that we would sell what we aren't taking and use that money, with our savings and combined income from our last months at work, to pay for the move. However, those assets don't look to add up to 3x the income as listed in the guidelines on the I-864. We intend to stay with my parents until we have accommodation and at least one of us has a job. I do have the option of going back to an old employer when we arrive in the states. Although it isn't ideal, and I'm avoiding getting written evidence of this from the owner due to the fact that I don't want to go back unless we have difficulty finding other work, do you think it would help if I were to go head and ask for a letter saying I have this job as a guarantee if needed?
As for US taxes, I haven't filed any since I moved here in 2005. I never earned enough to have to owe, and didn't even think it was something I had to worry about when moving here. I hope this doesn't create a problem.
My mother has offered to provide joint sponsorship; my parents told us they would help us in any way. I think I'll take her up on this offer. It isn't looking like I have much of a choice.
Regarding domicile, I hadn't even gone there. We don't have any children, so school enrolment isn't an option. I still have a valid US driving license and an open bank account (nothing's been paid into it in a few years, but it is still open). I am a registered voter.
I have no retirement fund but my husband has through his job. He is going to look in to transferring his retirement to a 401K, but we're not sure if that's possible. He's going to contact them tomorrow and try to find out what his options are.
As for the economy and whether or not it's a good idea that we move now, we've talked about that... a lot. Bottom line for us is that yes, it's difficult in the US right now, but it's also difficult here... we don't want to wait on the financial world to fix itself before we carry on with our personal lives. There will always be hard times, for economies and for individuals; encountering obstacles is not always a valid reason for postponing a plan.
Thanks so much for the replies - I really appreciate the information you've all given.
Dec 14th 2009, 8:13 pm
#12
Joined: Apr 2002
Posts: 35,082
Re: Worried about the affidavit of support
If your mother will be the Joint Sponsor, that eliminates a lot of your problem.
Job offers won't meet the standard for the I-864 (you will complete one regardless of your income btw, this is why the domicile question is still in play).
What they'll want to see in London is evidence that YOU have firm plans to move to the US with or ahead of your spouse. You returning to the US just before his interview, for example, should be sufficient, if it comes to that. They need to be certain that you are not 'importing' your spouse without returning to the US yourself.
The London and Montreal Consulates have recently cracked down harder than ever regarding this topic, for whatever reasons, so be sure you are reading current ideas as you research your case.
Here's Ginblossom's thread I mentioned before: Nightmare in London
Job offers won't meet the standard for the I-864 (you will complete one regardless of your income btw, this is why the domicile question is still in play).
What they'll want to see in London is evidence that YOU have firm plans to move to the US with or ahead of your spouse. You returning to the US just before his interview, for example, should be sufficient, if it comes to that. They need to be certain that you are not 'importing' your spouse without returning to the US yourself.
The London and Montreal Consulates have recently cracked down harder than ever regarding this topic, for whatever reasons, so be sure you are reading current ideas as you research your case.
Here's Ginblossom's thread I mentioned before: Nightmare in London
Dec 15th 2009, 1:31 pm
#13
Forum Regular
Joined: Nov 2009
Posts: 38
Re: Worried about the affidavit of support
Great advice, and best of luck to you! My husband had a november interview and was refused because of my domicile. Having maintained a US driver's license and bank account should help you, though.
Meauxna, you mentioned Mtl and London crackdowns re: domicile. I am trying to find more info/experiences from Mtl, can you point me to some threads? Many thx.
K
Meauxna, you mentioned Mtl and London crackdowns re: domicile. I am trying to find more info/experiences from Mtl, can you point me to some threads? Many thx.
K
Dec 15th 2009, 4:16 pm
#14
Joined: Apr 2002
Posts: 35,082
Re: Worried about the affidavit of support
mtlmama, sent you a PM.
Dec 15th 2009, 9:20 pm
#15
Just Joined
Thread Starter
Joined: Dec 2009
Posts: 8
Re: Worried about the affidavit of support
Whew, ok. I've finally got through all of Ginblossom's thread, but he doesn't seem to have reported back there to say how it's all gone.
A few things that I have which I hope will help with the domicile issue:
-a vehicle title in my name and a valid driver's license
-an open bank account (ongoing from before the move)
-voter's registration
I also have the option of getting that letter for a guaranteed job when I return.
I will ask my current boss to provide a letter stating that I've given my notice, detailing the date that I'll be finishing work. I've also asked my mom to write a letter saying that we'll be staying with them until we find accommodation.
My UK spouse visa (limited leave to remain) expires in a few months, I hope to use the fact that I have not bothered to get it renewed or applied for permanent residency as evidence that I truly intend to return to the US and am cutting ties here. Does anyone think that will help?
An update regarding the joint sponsorship: It's either going to be my father or my brother-in-law who will act as sponsor... I have a big question regarding this. My father's taxable income isn't enough for sponsorship, but he receives full veteran disability payments which, in the end, put him well over the mark. Will this hinder his eligibility to act as sponsor? If it does, we will have to ask my brother-in-law.
Thanks again for all of your help and advice!
US citizens are required to file a US tax return on all income earned world-wide. However, if your income was below a certain level, you did not need to file a tax return. If this is the case, just write a statement to that effect to include with your I-864. Since it seems you'll be using a joint sponsor, you probably won't need to supply your own tax returns.
Good that you have a joint sponsor. Make sure mom knows what to do. Fill out the I-864 (you also need to do one, even if you don't qualify). Mom needs to include copies of most current 3 years of tax returns, proof of her US Citizenship, several pay stubs, and perhaps a letter from her employer stating her position, salary, and that it's a permanent position.
Then this is the area you'll need to focus on. Maybe get a letter from your parents stating you will be living with them. Try to think of anything else you can use to show intent to domicile in the USA.
Rene
A few things that I have which I hope will help with the domicile issue:
-a vehicle title in my name and a valid driver's license
-an open bank account (ongoing from before the move)
-voter's registration
I also have the option of getting that letter for a guaranteed job when I return.
I will ask my current boss to provide a letter stating that I've given my notice, detailing the date that I'll be finishing work. I've also asked my mom to write a letter saying that we'll be staying with them until we find accommodation.
My UK spouse visa (limited leave to remain) expires in a few months, I hope to use the fact that I have not bothered to get it renewed or applied for permanent residency as evidence that I truly intend to return to the US and am cutting ties here. Does anyone think that will help?
An update regarding the joint sponsorship: It's either going to be my father or my brother-in-law who will act as sponsor... I have a big question regarding this. My father's taxable income isn't enough for sponsorship, but he receives full veteran disability payments which, in the end, put him well over the mark. Will this hinder his eligibility to act as sponsor? If it does, we will have to ask my brother-in-law.
Thanks again for all of your help and advice!
US citizens are required to file a US tax return on all income earned world-wide. However, if your income was below a certain level, you did not need to file a tax return. If this is the case, just write a statement to that effect to include with your I-864. Since it seems you'll be using a joint sponsor, you probably won't need to supply your own tax returns.
Good that you have a joint sponsor. Make sure mom knows what to do. Fill out the I-864 (you also need to do one, even if you don't qualify). Mom needs to include copies of most current 3 years of tax returns, proof of her US Citizenship, several pay stubs, and perhaps a letter from her employer stating her position, salary, and that it's a permanent position.
Then this is the area you'll need to focus on. Maybe get a letter from your parents stating you will be living with them. Try to think of anything else you can use to show intent to domicile in the USA.
Rene
Last edited by castlez; Dec 15th 2009 at 9:23 pm.