Affidavit of support for immediate relative - living outside of U.S.

[andjelka]

Hi, I am a U.S. citizen who has been living abroad in Croatia for the past few years. I filed the I-130 for my husband, but am uncertain what to do when the time comes for me to fill out the affidavit of support. The last time I was working in the U.S. was in 2007 and am currently unemployed, as is my husband. I read that the petitioner must be the sponsor in the affidavit when it comes to immediate family. Do I fill out the affidavit showing that I have no income and have another U.S. citizen act as a joint sponsor? Thanks in advance for any help!!

[mtouch]

Hi, I am a U.S. citizen who has been living abroad in Croatia for the past few years. I filed the I-130 for my husband, but am uncertain what to do when the time comes for me to fill out the affidavit of support. The last time I was working in the U.S. was in 2007 and am currently unemployed, as is my husband. I read that the petitioner must be the sponsor in the affidavit when it comes to immediate family. Do I fill out the affidavit showing that I have no income and have another U.S. citizen act as a joint sponsor? Thanks in advance for any help!!

First, where are you living now? There is the domicile requirement for petitioner.
Second, you will still be the sponsor even if you have no income so you have to fill up the Affid of Support. However you will require joint sponsors to meet the poverty guidelines. Joint sponsors can be anybody who is a US citizen or LPR.

[andjelka]

thanks for the reply! I'm still living in Croatia, the last time I was in America was at the end of 2008. I do have a bank account still open and my residence is still listed at my parents' house there. I'm not sure if this is enough to prove domicile.. Would I have to go ahead of my husband and be there for a while before the request for the affidavit of support comes?

[mtouch]

thanks for the reply! I'm still living in Croatia, the last time I was in America was at the end of 2008. I do have a bank account still open and my residence is still listed at my parents' house there. I'm not sure if this is enough to prove domicile.. Would I have to go ahead of my husband and be there for a while before the request for the affidavit of support comes?

Accdg to a reputable US immigration lawyer:

How is domicile determined? Domicile is determined on a case-by-case basis. The petitioner must have "a principal residence in the U.S. with the intent to maintain that residence for the foreseeable future". (If the petitioner is living outside the U.S., he cannot comply with the "domicile" requirement for the affidavit of support laws.)

How can the petitioner establish domicile? According to the U.S. State Department in Washington, D.C. (which oversees Embassies):

"The sponsors must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country. It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above."

[andjelka]

well, hopefully I will be ok then! I do plan on working and going back to college for a second degree (as well as my husband). Thanks again for the info!

[laggy]

Hi, I am a U.S. citizen who has been living abroad in Croatia for the past few years. I filed the I-130 for my husband, but am uncertain what to do when the time comes for me to fill out the affidavit of support. The last time I was working in the U.S. was in 2007 and am currently unemployed, as is my husband. I read that the petitioner must be the sponsor in the affidavit when it comes to immediate family. Do I fill out the affidavit showing that I have no income and have another U.S. citizen act as a joint sponsor? Thanks in advance for any help!!

Hi andjelka, I am not sure if you are still active. I have a similar situation with you. I met my husband while working overseas, and I did not have income tax filing record for the past three years, because my CPA thinks the income is below the required income line to file for foreign tax income. My husband managed to get accepted for universities in US this year, and I decided to resign and return to the States, being a support for him for the first semester. For now I am record-less in IRA for the past three years, and I am searching for a job now because he is doing well in adjusting to campus life. I hate it when I fall somewhere between the gap for the sponsor requirement.

I was wondering if you reached a solution re: the application, since this thread was started more than two years ago. Thanks very much again!

[eng.eldesoky]

I have similar.. Hope you have an update laggy?

I have similar issue.. I hope you got a reply ??

[Dmitriy Zolotovskiy]

Similar issue...

Similar issue, my mother is a US citizen who currently lives in Russia with her husband. She wants to come back with her husband so she started a petition for a relative. She went through all steps, except now in order to proceed with the case she needs affidavit of support for him. The problem is, she is not employed in US, she still have residency and a bank account, but not enough to support him. I can be a sponsor, but if she is a petitioner, does it matter that she doesn't have an income/employed in US?

If anyone has any updates, please share. I'm stuck as if right now.

Good luck everyone

[rayb]

Your mother must be prepared to provide proof of a domicile in the U.S. or intent to return tot he U.S. before or at same time as her relative.

She must be the primary sponsor, even if without income, but someone in the U.S. can be a joint sponsor.

--Ray B

Similar issue, my mother is a US citizen who currently lives in Russia with her husband. She wants to come back with her husband so she started a petition for a relative. She went through all steps, except now in order to proceed with the case she needs affidavit of support for him. The problem is, she is not employed in US, she still have residency and a bank account, but not enough to support him. I can be a sponsor, but if she is a petitioner, does it matter that she doesn't have an income/employed in US?

If anyone has any updates, please share. I'm stuck as if right now.

Good luck everyone