How long do I need to be working in the US to qualify for supporting my wife on the Affadavit of Support for her spouse visa?

Asked 8 months ago - San Francisco, CA

I am a US citizen. My wife is Australian. We would like to move to the US and immigrate her with the spouse visa.

I am currently living in Australia with my wife (from October 2013 - Sept 2014), and will obviously not pay anything in taxes or earn any income in the US during this time. In addition, while in the US for the last few years I have not earned income over the poverty limit.

However, I am expecting to receive a job in the US making over the poverty limit (~$40k) after I return from Australia. How long must this job be established before I can qualify for supporting my wife for the affidavit of support on her spouse visa application?

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Best to obtain a co-sponsor in your situation, unless you want to have your current assets (whether in the US or in the land of down under) taken into consideration (messy, will only take into account 20% of fair market value of each current asset - isn't it simpler to find a co-sponsor to file another affidavit of support alongside yours?)

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. J. David Swaim Jr.

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . First, you must establish domicile in the US which means you have to move back, get a job, an apartment, bank accounts, etc. regardless of how much money you make or how long you have been out of the US. Secondly, unless you have earned less than required, you stil must file a US tax return regardless of where you live. I am more concerned about the domiclie issue however so that needs to be addressed immediately. good luck.

  3. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . My colleagues are correct:

    1. You have to demonstrate domicile in the US ... filing non-resident US tax returns is not good.

    2. You probably need a financial co-sponsor. Or, you can preceed your wife to the US ... start working and then submit pay stubs and an employer letter. How long? I believe that the instructions refer to 6 months of pay stubs.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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