Affidavit of Support - Please help!

[kaczkl25]

Hi everyone,

I am a US citizen and have been living in South America with my husband for the past 10 months. We plan to file for the K3 visa this month, but I have one worry. I was in college until July 2012, and then left almost immediately to come to South America and have been here on and off for the past 2 years. How will I handle the Affidavit of Support if I do not have any income in the United States? Will this affect my application? Has anyone been in a similar situation? What can I do to show that I can support my husband in the US, if I have not worked there? Do you think this could get him denied for the visa? Sorry for all of the questions, I am really worried, because I truly want my husband to get his visa so we can start our life in the US. Any help would be appreciated! Thanks in advance!

[rayb]

Kack,

You are applying for an IR-1 immigrant spousal visa, not a K3 visa. K3 visas are not normally processed anymore

You have two choices for meeting the sponsorship requirements

1. Reenter the U.S. and acquire about 6 months of work documentation in preparation for the National Visa Center sponsorship package after the petition is approved; or
2. Be prepared to submit primary sponsorship documents without a tax return or income, but get a co-sponsor (relative or friend) to provide a co-sponsor package.

--Ray B

Hi everyone,

I am a US citizen and have been living in South America with my husband for the past 10 months. We plan to file for the K3 visa this month, but I have one worry. I was in college until July 2012, and then left almost immediately to come to South America and have been here on and off for the past 2 years. How will I handle the Affidavit of Support if I do not have any income in the United States? Will this affect my application? Has anyone been in a similar situation? What can I do to show that I can support my husband in the US, if I have not worked there? Do you think this could get him denied for the visa? Sorry for all of the questions, I am really worried, because I truly want my husband to get his visa so we can start our life in the US. Any help would be appreciated! Thanks in advance!

[kaczkl25]

Thank you very much for your quick response! Could you please tell me where the form for a co-sponsor package is? I have been researching and have not come across any form like that so far. Thank you in advance!

I have another question: I have not directly worked in the US, but I have a small online business that is US based so I will need to file a tax return this year. My income this year will probably be around $5,000-$6,000 USD, this wouldn´t be enough to sponsor on my own, would it?

[rayb]

The co-sponsor uses the standard I-864, just like you, the primary sponsor. Forms are available through the Immihelp link to all the standard forms on the USCIS website: /us-visa-and-immigration-forms/

The co-sponsor must provide a completed I-864, copy of his U.S. birth cert or U.S. passport ID page or Green Card, 2013 Federal tax return, W2/1099 copies and employment verirication letter or proof.

--Ray B

Thank you very much for your quick response! Could you please tell me where the form for a co-sponsor package is? I have been researching and have not come across any form like that so far. Thank you in advance!

I have another question: I have not directly worked in the US, but I have a small online business that is US based so I will need to file a tax return this year. My income this year will probably be around $5,000-$6,000 USD, this wouldn´t be enough to sponsor on my own, would it?

[kaczkl25]

Thank you again for the fast reply! Sorry, I just have 1 more question (for now ) :

You mentioned in the first message that I would not apply for a K-3 visa, but instead for an IR-1 visa. I am just a little confused now, because it states on the US Visas website that ¨In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside of the United States.¨, which lead me to believe that it is not very common to apply for this type of visa while I am still in Colombia with my husband.

Is it common to apply for an IR-1 visa while the US citizen is living abroad? Could you please explain why I can´t do the K-3 visa? (I was under the impression from what I read that that was the way to do it if I applied while abroad.) But then again, this is all new to me, so I really appreciate the accurate information you are telling me. Thanks in advance!

[rayb]

If immigrating a spouse (or other relative from abroad), you must submit form I-130. If for a spouse, you are effectively applying for an IR-1 or CR-1 spousal immigrant visa, depending on length of marriage.

Once you receive a hardcopy receipt notice for the submitted form I-130 and supporting documents, you can submit an I-129F petition for a K3 spousal visa....BUT THIS PETITION ONLY FOLLOWS THE I-130 PATH, AND DOES NOT GET PROCESSED IF THE I-130 REACHES THE STATE DEPARTMENT'S NATIONAL VISA CENTER.

You may ask why the form is still available to be used for a spouse (the same form is also used for a fiancee visa procedure). The K3 visa option was viable and frequently used until about 6+ years ago. I brought a dozen or so immigrants to the U.S with this visa type. But the I-130 processing began to speed up, thus eliminating the need for a K3 visa.

--Ray B

Thank you again for the fast reply! Sorry, I just have 1 more question (for now ) :

You mentioned in the first message that I would not apply for a K-3 visa, but instead for an IR-1 visa. I am just a little confused now, because it states on the US Visas website that ¨In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside of the United States.¨, which lead me to believe that it is not very common to apply for this type of visa while I am still in Colombia with my husband.

Is it common to apply for an IR-1 visa while the US citizen is living abroad? Could you please explain why I can´t do the K-3 visa? (I was under the impression from what I read that that was the way to do it if I applied while abroad.) But then again, this is all new to me, so I really appreciate the accurate information you are telling me. Thanks in advance!

[kaczkl25]

Thank you again for the responses! I´m still a little confused. You stated: ¨you can submit an I-129F petition for a K3 spousal visa....BUT THIS PETITION ONLY FOLLOWS THE I-130 PATH, AND DOES NOT GET PROCESSED IF THE I-130 REACHES THE STATE DEPARTMENT'S NATIONAL VISA CENTER.¨

With this statement do you mean that the I-129 petition may be something that is unnecessary to fill out in the case that the visa center receives the I-130 first? Or do you mean something else? Thanks again!

[rayb]

Kack,

What I mean is that there is no K3 visa anymore, but USCIS hasn't announced its death yet. If you want your spouse to get a visa, you submit form I-130.

--Ray B

Thank you again for the responses! I´m still a little confused. You stated: ¨you can submit an I-129F petition for a K3 spousal visa....BUT THIS PETITION ONLY FOLLOWS THE I-130 PATH, AND DOES NOT GET PROCESSED IF THE I-130 REACHES THE STATE DEPARTMENT'S NATIONAL VISA CENTER.¨

With this statement do you mean that the I-129 petition may be something that is unnecessary to fill out in the case that the visa center receives the I-130 first? Or do you mean something else? Thanks again!