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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

  1. Best answer

    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.

  2. 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!

  3. 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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