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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
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Experience:  Immigration Law Expert
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Ive no income, how do i file an Affidavit of Support form

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ive no income, how do i file an Affidavit of Support form i-864 for my spouse
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: yes
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid if you have no income, you cannot file an affidavit of support unless you have some other assets to support her from (inheritance, bank accounts, investments). If you do not have any assets, you would need to find some other sponsor to fill out the affidavit of support agreeing to support her in the country if necessary.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 8 months ago.
a joint sponsor is also filing with me. But me as the petitioner, how will i submit my i-864?
Customer: replied 8 months ago.
if my joint sponsor files an Affidavit then do I (the petitioner) have to also file a separate form i864?
Customer: replied 8 months ago.
please respond....

Please understand we are working with multiple customers who all deserve the same time as you do. We thank you for your patience and consideration on the matter and for giving negative feedback when you were not patient for us to reply

Thank you for having such patience, it is greatly appreciated.

Even if you have no income, if you are the sponsor, you must submit an affidavit of support. Your affidavit will show insufficient income, but if you have a joint sponsor, their affidavit will have to show sufficient income to support your spouse.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

By the way, I was in the middle of double checking the information I was providing you and typing an answer to you when you chose to leave negative feedback because you did not want to give us time to respond to you. I know the site is confusing and the site does not explain anything to customers and I apologize for that but the experts are not site employees and have no control over what the site does.

Customer: replied 8 months ago.
May I get the answer to my question?

Please READ ABOVE, I think your post crossed my answer, but it does appear right above.

In case you cannot find it above: 10 Mar 2018, 9:33AM I posted:

Thank you for having such patience, it is greatly appreciated.

Even if you have no income, if you are the sponsor, you must submit an affidavit of support. Your affidavit will show insufficient income, but if you have a joint sponsor, their affidavit will have to show sufficient income to support your spouse.

Customer: replied 8 months ago.
I am not residing in US right now. I have no tax returns filed, so i have no tax documents to provide. so do i send in the Affidavit without tax papers?
Customer: replied 8 months ago.
Thank you for your cooperation...
Customer: replied 8 months ago.
how do i state my reasoning that ive no income and have not filed taxes?

Thank you or your reply.

If you are listed as a sponsor you must send in the affidavit of support even if you have no tax returns filed. If you are a US Citizen, even living abroad, you need to make sure you catch up and file the tax returns, because US Tax law says every citizen must file taxes in the US. If you had no income that is the reason for filing no taxes.

Law Educator, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.
Since i am not presently domiciled in US, how will i prove that I will reestablish domicile after the visa is granted?
Customer: replied 8 months ago.
I (the petitioner) have been living abroad for about 10 years...is that going to create issues for my case?
Customer: replied 8 months ago.
Waiting for your response....

Thank you for your reply; I told you about other customers, you are NOT the only customer on this site we are working with

You can establish you will be living back in the US by an affidavit if you have no property or address still in the US. It is not going to really create an issue because there are many ex-pats who live abroad and then seek to return, so that will not be an issue.

Please understand customers are responded to in order their replies are received and we will not put you ahead of any other customer who also deserves a response, but rest assured you are not being ignored, you just need to continue to exercise patience and we will respond to you.

Customer: replied 8 months ago.
will it be okay if i travel back to US on the same day as my spouse?
Customer: replied 8 months ago.
Since i am a housewife, is that going to be enough reason to prove my no income?

Thank you for your reply.

You would need to travel with your spouse. Also, if your spouse has income, the USCIS will consider your spouse's income as well regarding support.

Customer: replied 8 months ago.
Because the form instructs to attach evidence of why i am not required to file income tax return, then how should i word this evidence?
Customer: replied 8 months ago.
my spouse's income is also below poverty line...so adding his income for support is not going to help, is it?

Thank you for your reply.

IF you have no income, you have to state there is no income because you are not employed.

Adding, your spouse's income will not help I am afraid if it is that low.

Customer: replied 8 months ago.
to prove my reestablishment of domicile, is it enough to show a US address where i will be staying and a job letter. Are these going to suffice as proof?

Thank you for your reply.

Yes, if you have a US address and job offer, that would be used with your affidavit as well, to show the USCIS you will be employed and how much you will earn.

Customer: replied 8 months ago.
what exactly is required in 'petitioner civil documents'?

Thank you for your reply.

Civil documents of petitioner are birth certificates, passport, SS card, marriage certificates and those types of things.

Customer: replied 8 months ago.
Can I send my visa packet to NVC from abroad or do I have to send it from US?

Thank you for your reply.

You can send it from abroad.

Customer: replied 8 months ago.
if i finish my conversation for now can i resume it later?

Thank you for your reply.

You can post using REPLY again if it is directly related to what we discussed above. If it is a new issue, you would open a new question.

Customer: replied 8 months ago.
is there a time out marking the end of this conversation?

Thank you for your reply. The end of the month typically.

But the site also expects customers to be reasonable, since the experts are not employees of this site and as such get no compensation just for spending time with customers.

Customer: replied 8 months ago.
is it necessary for me to travel to US before my spouse immigrates? Will it weaken my case if I stay abroad and travel with my spouse to US?

Thank you for your reply

No it is not necessary for you to come to the US before you seek a visa for him. It does not weaken your case to travel with your spouse.

Customer: replied 8 months ago.
do my reasoning evidence for no income and proof of domicile need to be affidavits?
Customer: replied 8 months ago.
been waiting for a long time.....

Thank you for your patience.

Again, please realize I am not a site employee, I have multiple things to do, If you cannot be patient we cannot continue. I am not at the computer all day and night. Please exercise patience, YOU ARE NOT BEING IGNORED.

You will need to put your explanation of your lack of income and proof of job and domicile in an affidavit.

Customer: replied 8 months ago.
How long does my husband have to stay in US to become legal?

Thank you for your reply.

He would be legal as soon as they issue the spousal visa, which comes with a 2 year conditional green card. After the 2 years he can apply for his permanent green card and after 5-7 years in the US he could even apply for citizenship.

Customer: replied 8 months ago.
When the interview is scheduled for my husband, can I go with him to the embassy?
Customer: replied 8 months ago.
What should my husband take with him to the interview?

Thank you for your reply.

Your husband needs to bring all the documentation he has regarding the cases we discussed and if they need a new medical exam form he needs to bring that. Your husband needs to call the agent holding his interview to make sure his file is complete before he goes to the interview and they will tell you what is needed or what they have.

Customer: replied 8 months ago.
Can I go with him to the interview?

Yes.

Customer: replied 8 months ago.
With my completed i-864 form I'm planning to send a Scanned notorized letter from my father stating his consent for me and my family to go live at his US residence in FL. But is NVC going to accept a Scanned letter like this?
Customer: replied 8 months ago.
Also, do I (as the petitioner) need to send in a police clearance certificate for myself with my i-864 form to the NVC?
Customer: replied 8 months ago.
Since I have got a joint sponsor, does he need to provide IRS tax transcript even if he is submitting his federal Tax returns for the most recent tax year? He doesn't have social security earnings or W-2...so He isn't entitled to send these either, is he?

Thank you for your new questions, these are supposed to be opened up as a new question on the site, because the experts are not site employees and do not just get credit for sitting online all day spending time with customers.

You can send the scanned letter, but you need to bring the original to the interview.

You have to have a police clearance as part of your civil documents, not submitted with the I894

The IRS transcripts have to be submitted by all sponsors to prove they have enough assets to sponsor the immigrant.

Customer: replied 8 months ago.
My police clearance was issued in May 2014, so is that going to be valid for submitting now? Or do I need get new clearance?

Thank you for your reply. AGAIN, please open new question, the expert is NOT a site employee, we do not get any credit for spending days with customers.

Yes, you need a new police clearance

This question is now closed. If you have more questions, please open a new question and ask for me if you would like.

Customer: replied 8 months ago.
I'm sorry, but if I'm not mistaken, you yourself stated that if my question is related discussion then I can repost here at the reply And that the end of the month marks the end of this conversation... It has barely been 10 days only...Sorry to say but Why would I expend to a new question session when I'm just continuing the related discussion from above??

This is NOT related to your initial question. Sorry, but you want an attorney for 10 days for $40? I don't think so. Please open a new question as required, I cannot continue here.