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Affidavit of support for marriage based green card

New York, NY |

My wife,who is American, and I will start the process of consular processing next month. I have a question concerning the affidavit of support. My wife is now working abroad with me since October 2012. Her annual gross salary is 43 thousand dollars. Can she sponsor me based on her job here knowing that it is not a US-based job? Could you please give precise answers over the matter. Thanks!

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Attorney answers 3


If she declared that overseas job in her US taz returns, then yes.

Behar Intl. Counsel 619.234.5962 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.



She will declare that for her US tax returns of 2013. Other than that if we want to use only assets, which is basically our savings I mean money in our accounts. Will 70K Dollars be enough to meet the requirements of the affidavit of support?

Giacomo Jacques Behar

Giacomo Jacques Behar


Yes, absolutely.


Yes, she can show her overseas income ..... BUT ... she also needs to show that she has 're-established' her residence in the USA.

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.


She should be fine on these facts. I agree with both colleagues that she would need to proceed very carefully.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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