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Affidavit of support? Dual citizen who has never worked or lived in the States

I am a US citizen born abroad looking to sponsor my husband to come to live and work in the US. I have lived in Canada all my life and have only worked in Canada as well. Currently we both live and work in Canada however; we were planning on moving to the US to live and find work together once he received his visa and green card. Will USCIS have me file an affidavit of support or another form of documentation? How would this work since I have never worked in the states and only in Canada? Do they accept international income?



I also heard that I need to file income tax for every year I worked in Canada with the IRS although I didn't ever work or live in the states? Is this true?

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Attorney answers (1)

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With regard to your question on tax filing, I would post this to the tax forum and/or consult a tax professional.

However, I may be able to provide some guidance with regard to the Affidavit of Support. This will be somewhat of a confused situation.

In my experience, if a petition filed by a U.S citizen spouse for a non-citizen spouse does not include an Affidavit of Support from the U.S. Citizen spouse, USCIS will send an inquiry asking for one.

On the other hand, in order to file an Affidavit of Support, one must be a U.S. citizen or permanent resident AND must be domiciled in the U.S. (that you have sufficient income, U.S. or international, doesn't help if you aren't domiciled here). You are clearly NOT domiciled in the U.S. base don what you say above, your form will reflect this, and so it cannot be relied upon as the sole Affidavit of Support for this petition even if you meet the income requirements..

I have successfully navigated this situation in the past by submitting an Affidavit from the citizen spouse, of course answering all questions truthfully, including the one pertaining to where the spouse lives. We also submit a joint Affidavit of Support from someone who qualifies - a citizen or permanent resident who DOES live in the U.S. AND meets the income requirements. This is often an in-law or relative, occasionally a friend of the family or employer/potential employer.

Speak with an attorney on how best to complete this process,
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