QUESTION
What document should be submitted for the Affidavit or Support, the I-864 or the I-134 and what supporting evidence with it?
Asked on Nov 26th, 2013 on Immigration - Florida
More details to this question:
I am a US citizen. My husband in French. We live in Germany. We are applying for his Green Card. We are confused about the Affidavit of Support. I have not worked since we moved from the USA to Germany and therefore have no current W2s. I can submit a tax return, but it shows only that I earn nothing. My husband is an Aerospace Engineer and earns well. We plan to move back to the USA and live off of his savings until he secures a job. First we were told to fill out an I-864. Later, we were told to skip the I-864 and fill out the I-134 instead. Never were we told what supporting documents to submit for our situation. Nowhere in the instructions for these two forms does it address our situation and we have no idea what to do. Basically, my husband is the immigrant I am petitioning for but he makes and has all the money and this is creating a problem.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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3 Awards
The form to use is the I-864 affidavit of support since you are petitioning for him in a family based case. Although you earn nothing, your husband may be able to show his assets in order to immigrate under your affidavit of support. In a U. S. citizen spouse case, assets are counted at one third of regular income in meeting the poverty guidelines. As you live in Germany with your husband, you will also have to show the consular officer that you still have ties and bonds to the country in order for the affidavit of support to be effective. Such items as property in the States, a job offer in the States, a record of voting, etc. would be helpful in establishing your continued domicile in the country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 22nd, 2013 at 10:07 PM