waxwabbit

Hi Guys

I have asked on the US marriage visa forum, but got not reply, and I need a quick response please....

My wife (US) and I (UK) are doing DCF via London.

Im wondering, Aff of Support:

Part 4 B Sponsers employement:

My wife has been employed in the UK for a yr now, so do I leave this section blank (numbers 1 ,2 , and 3)?

Part 4 C

Ive ticked" filing for a single tax return" for the tax year 2002, which is the last year she had empoyment in the US. With this figure, shes just under the poverty level. We have over $30,000 in our UK account but in my name. So, I know the 2002 earnings, which are approx $3000 short of the poverty level will be easily covered by the savings, but where do I list this....?

Should I put it in Part 4 section E? Im just a little confused as to whether or not they will class this is as our money/ her money/ or my money? I believe I read somewhere about living together for 6 months after marriage classes it as our money, so she can put it forward as the US spouse/sponsers money - so then can she fill this in for Part4 E under Savings Deposits?

Lastly, Im a little concerned about the emphasis being placed on current income when it comes to the Aff of Support, as from my reckoning it only wants the income for the US spouse if they are resident in the US or working for a US company abroad? Will this cause us a problem, or will they just go by the most recent yr my wife filed for (the 2002 one I mentioned that was $3000 short of the poverty level) and thus ignore the fact she is in the UK?

I guess this form is designed more for US spouses residing in the US, hence my concern...

Sorry for posting this here, but Im in a rush

Please do not scold me

A bunny with a bare backside is not a pleasant sight!

Cheers
Lee

NC Penguin

I had a quick conversation with my husband, the USC, who was my sponsor when we went through DCF in London in 2001.

I believe you're looking at Q4A about the Sponsor's Employment.

It's a multiple choice question where:
1 = employed
2 = self employed
3-= unemployed/retired

Clearly, if your wife is working for an employer, she should tick 1. Leaving any question blank will probably result in the document being returned so you can enter a response.

This is what we prepared as evidence of my husband's employment:

paystubs
letter from employer that he was an employee




NC Penguin

waxwabbit

Thanks Penguin for the speedy response.

I was thinking it was obvious to fill in no. 1 as you state, but the instruction/help sheet says "Check box if employed in the US or employed by a US company abroad; ignore if employed outside the US for example in the UK.

I just wanyed to check everyone had been fine leaving it blank who had done DCF.

Do you or anyone else have any idea on where to list our savings? (The other main part of my original thread?

Cheers
Lee

NC Penguin

Uh oh. Hubby didn't mention about the boxes relating to employment relating to a US company or in the US. Had I known/realised that the question only relates to US employment, I wouldn't have suggested what I did in the prevoius message.

Since your wife is employed in the UK by a non-American employer, you should leave the boxes blank.

The purpose of this question, according to what my USC husband told me is that you may be asked questions if your USC spouse does not have a job to go to in the US. Why? The USC is more than likely to have to support the non-USC spouse until he/she finds a job. If the USC does not have a job him/herself, there's no immediate source of income (at least in the Government's eyes).

It seems a long time ago since we had to fill in these forms and in our case, my USC husband was on assignment in the UK through his US employer, so our circumstances are a little different to you and your wife's.




NC Penguin

Pulaski

NCP has covered almost everything, but basically you need either US income (at 125% of the applicable poverty level in your state and for your family size), a US resident (and citizen) as a sponsor, or assets (five times the applicable annual income level - see above) in order to be able to prove that you will be able to support yourselves.

waxwabbit

Thanks penguin and pulaski,

To be honest im still confused and uncertain....Ive posted the visa group but havent had much luck in getting replies....

To put it simply:

We have no children, my US wife is sponsering me soley.

$15150 is the poverty level for us.

My wifes earnings for the last year are some $12000. This is 2002, before she came to the UK in sept 2002. This is the figure we have put down in section 4C "sponsers individual income"., and we have the tax returns for 2002 (as well as previous 3yrs before that)

Im assuming 2002s earnings are what are required, even though she has been in the UK working for just over a year.

Will they be interested or not in what she/we have earned whilst being in the UK for the last 1 year?

The 5x rule, so my wifes income ($12000) taken away from the poverty figure ($15150) = $3150. x 5 = $15750. So our earnings are easily enough, so Ive nothing to be worried about? True?

Im just wondering, does this sound right? Im thinking, because this figure isnt that of her present job (seeing as her $12000 job was back in the USA), do we instead need to have poverty level $15150 x 5 in savings?

gulp

Yours very confusingly
Lee

ps - sorry, but im gonna copy this for a new thread to see if i can get more help, as well as the visa forum, and emailing them direct!

nige69

I moved here three years ago and my wife was also a USC living in Emgland with me. We were worried about the minimum income requirements and covered it as follows:-

1) Gave letter from US based company confirming she had a job to go to.
2) Gave letter from here parents confirming we would live with them until we get on our feet. Also confirming that they had adequate funds to support us if needed.

In our experience, the US gov were more concerned that my wife could support us, rather than what I was making. Your wife is financially responsible for you for 10 years or until you get citizenship - if that is sooner.

HunterGreen

No. Unless you earned enough to have $75,750.- (5x the poverty level) in immediately accessible funds, it needs to be a US income.

Yes. Or (see Pulaski's post).

HunterGreen

Allow me to attempt to explain why the BCIS doesn't care about your UK income.

They want to be 100% certain that you and your wife will be able to support yourselves when back in the US. That's why the income from a UK job doesn't count. You won't have that job and that income anymore when you're in the US. That's why they want a US income, and a current income at that (not one from a job she had one year ago, but doesn't have now anymore).

If your wife (or you, if you've lived together over 6 months) has a US job (or job offer) right now that would help matters.

There's more to it, but these are the basics and in my opinion all you need right now to learn and understand what the Affidavit of Support is about. Hope this helped.

Elaine

HunterGreen

For Waxwabbit - the above is the description of a co-sponsor.

Sidenote to Nige69 - I'm curious, how did her parents confirm this to the BCIS? Did they sign a I-864-A?

waxwabbit

Thanks everyone,

I believe I get the gist of it now.....

We are pretty sure my wifes old employer would employ her again. Shall we then just get a letter on company letterhead confirming job/date/salary?

The thing is, her old employer is in Maryland, and we are planning on moving down to Florida, for me to get a job, as we reckon my job will be the primary $$. Could we just get the letter from her old employer as "proof", but in fact go down to Florida as planned. (the employer wouldnt mind) I know people recommend not lying, but they won't find out will they, and we would only do this so it looks good on paperwork? I mean, by the time we go, we will have nearly $50,000 in savings, and if whatever (highly unlikely) reason, we couldnt find work in florida, then we could always move back to Maryland.....................its not like we are going to be a burden on the state, which afterall is their primary concern.

I suppose im after clarification that they dont follow you up on workplace etc?

Lastly, should we put any proposed offer for my wife in section 4A of the Affidavit, or can this section only be for jobs that are current? If not, what should we do, put a side letter explaining the job offer??????

Cheers guys
Lee

HunterGreen

Do you really think the BCIS is gonna believe you on your pretty blue eyes? Lying is asking for trouble. They are going to need solid proof of this job offer, and I'm sure someone who has been there, done that can tell you what kind of proof.
Maybe you could post a new thread on the marriage-visa board about 'proof of job offer'?

The BCIS agrees with you on this IF you have 5x your poverty level as assets, which is $75,750 and not your mentioned $50,000.

Please don't call me a guy....

Elaine

meauxna

Just for clarification, in a DCF situation when the USC is living abroad, they may just very well take your word for it. I was in just such a situation and have been discussing it w/waxwabbit here: http://britishexpats.com/forum/showt...hreadid=182777

Consular descisions seem to be quite subjective.

HunterGreen

I'm glad that someone who's been there, done that, found the thread.

I still think lying would be a bad idea though, Waxy! You never know when it's gonna come back and bite you in the... uhm... fuzzy bunnytail.

Just wondering, if her old employer would take her back, why not do that for real and find work etc. in Florida while you're both in the US? If you'd do that, your case seems pretty hassle free and with no need to con them (and worry about if the lie will (ever) get caught).

nige69

We submitted all forms to the embassy and then took supporting documents with us for the interview. It is good if both spouses go to the interview together.

In our experience the embassy wanted to ensure we were married for love reasons - not convenience. They also wanted to ensure we were planning on working when we got there.

FYI - we had no savings - both of us were working in UK and had offers of employment from US based companies.

At the embassy, we explained that my wife had no US income the previous year as she had moved to UK. I showed them that we both had had continuous employment all our lives. We also explained that my wife moved to England after we married in US as it only took two weeks for her to get a residency permit. We lived in England while we waited 14 months to get my US visa. We wanted to do everything right.

The embassy staff were very understanding and realised that we were in love. I was more worried about having to have a MMR vacination than the interview!