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Affidavit of support. How to process that, and is there is anyway to submit that late during the immigration process.

Charles Town, WV |

I have searched all over for information, contacted immigration and have found little help with my problem. I'm hoping someone that has dealt with this or an immigration lawyer could answer my question. I lived in south Korea for 5 years teaching English. I meet a woman I wanted to marry. She got pregnant so we had to rush everything. I know that you have to show one year's history of financial ability with your tax return. But i haven't worked in USA for 5 years. So can you start the visa process, then show the affidavit of support later? or is there any work around so I don't have to be away from my new born child and wife for 2 years. Thank you for reading this, any reply would be so appreciated. Have a nice day.

Attorney Answers 3

Posted

It is much simpler than you think, if you don't meet the financial requirements, all you need to do is find the cosponsor file an additional affidavit of support alongside yours. Begin by contacting the US accountant or CPA. There are some in South Korea which can be recommended by the US Embassy in Seoul. US citizens have to file tax returns even when living and working abroad. I hope you have, but not the tragedy if you have not, since a good accountant can file tax returns in arrears for the last four years or amend your current tax returns. Begin from there.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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4 comments

Asker

Posted

Well im already in the USA working on a job now. I sure be able to provide the affidavit of support next year with my tax return. But I'm wanting to know if I can start the process before tax season. So that way I can bring them to the United States 6 months faster.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

You can provide one now, why wait?

Asker

Posted

Because don't you have to show you are making 25-30 thousand a year? I will only have a 3 month work history now in the USA. My closest relatives couldn't provide a joint affidavit. If i was making a lot of money on my job, 45,000 to 50,000 but only working that for 3 months do you think that would be enough to get the visa approved? Also thank you so much for your advice and replies, i really appreciate it.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

My pleasure! What you really need to do is spend a fistful of dollars to talk to an immigration lawyer via phone or Skype. Best wishes

Posted

You're confused. You, the immigrant, don't have to prove your income. It is the US citizen who does. If they don't make enough, you can find any US citizen or green card holder to be a joint sponsor. I hope this helps!

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Posted

You can get a co-sponsor (friend/family?)

Since you'll be processing her papers in Korea (I hope that, in your, rush, she didn't enter the US yet) you will have time to document your income later.

IF she is in the US ... talk to a lawyer immediately!!!!!!!!

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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