Legal Question in Immigration Law in Colorado

My husband's I-130 has been approved. We now need to file an affidavit of support form I 864. The trouble is we live abroad and cannot secure a joint sponsor. I plan on returning to the US before him and securing a full time job. Will my income made in NZ count as income to prove that we are above the poverty line if I am able to prove that I will be able to maintain it once I am in the US? Or will I have to have to provide a full year of income in the US before I am able to sponsor him? We really do not want to split for a full year and are looking for some way around this. (Also I have some assets but not 3X the poverty level requirements)


Asked on 10/09/14, 1:01 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

As you appear to be aware of, you will have to prove you are still domiciled in the United States or the U.S. Embassy will not approve your husband's case.

Furthermore, without a salary in the United States, you will be required to get a co-sponsor unless you have funds (savings, investments, etc) that far exceed the Guidelines, which you also seem to be aware of. Therefore, I think you just answered your own question.

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Answered on 10/10/14, 1:02 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello:

Please call me at (212) 968-8600 or toll-free at (800) 750-1828.

Kind regards,

RDM

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Answered on 10/12/14, 10:08 am


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