The dreaded AFFIDAVIT OF SUPPORT, explained.

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  • เผยแพร่เมื่อ 21 ธ.ค. 2024

ความคิดเห็น • 259

  • @turabhasan9518
    @turabhasan9518 ปีที่แล้ว +1

    I am USA citizen, doing affidavit of support for my foreign husband. I am domiciled in UAE temporarily with my husband. Do I need to be physically inside USA at the time of submitting affidavit of support?

  • @Spiritmindsoul
    @Spiritmindsoul ปีที่แล้ว +1

    Hi do I need to resubmit another i864 if I send my assets and current income letter and evidence or not?

  • @lukethemarksman
    @lukethemarksman ปีที่แล้ว +1

    What about sponsors who are retired? For tax reasons, the major part of their income is not taxable, so in their total income in their 1040s are lower than their real income...

  • @ericsmock6071
    @ericsmock6071 7 หลายเดือนก่อน +1

    What if my kids live with my ex-wife are they considered my dependent? we do have an agreement where I get to claim two of my kids and she gets the claim two of the kids. I have four in total. My beneficiary has three children. Do I calculate the children who do not live with me full-time?

  • @Mimz758
    @Mimz758 2 หลายเดือนก่อน

    Hi, I’m a military veteran currently receiving retirement benefits from the military. It does not meet the poverty line. What do I need to do and which forms exactly do I use?

  • @smilejamaica3112
    @smilejamaica3112 2 ปีที่แล้ว +1

    I am submitting the I864 again. What if the current income from the new job is more that what the previous year earning is. Will they still make a decision on the previous year?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      No - they care about current income and generally will not look at prior years. If your current income is higher than you can prove it using an employer letter and pay stubs.

  • @greendiamondinternational2296
    @greendiamondinternational2296 2 ปีที่แล้ว +1

    The intendant immigrant is my mother.
    I do not work, only my husband does.
    We do joint income tax return.
    The question is Should we fill 2 separate I-864 forms? One for me with 0 income and 1 for my husband with his total income?
    Or the one I-864 form is enough??
    Please let me know. I’m stuck in here tight now.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes, exactly - I would prefer to submit two separate I-864 forms in this case.

  • @kirankaur3235
    @kirankaur3235 ปีที่แล้ว

    Hi sir, do we need to update latest affidavit of support?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      You need an affidavit of support that shows the income from the most recent tax year.

  • @maribolkvadze5604
    @maribolkvadze5604 ปีที่แล้ว

    Can a husband and a wife who are asylum granted, but did not have green card yet be sponsors for their two children and in affidavit of support how they fill the gap, they have joint account, doing taxes together?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      If somebody is granted asylum, they can file an I-730 within 2 years to include any children/spouses. There is no affidavit of support requirement.

  • @tfrancis82
    @tfrancis82 ปีที่แล้ว

    Do you have to have a certain amount of money in your account?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      No, unless you don't earn enough on your tax return.

  • @shaukatalisheikh5374
    @shaukatalisheikh5374 6 หลายเดือนก่อน

    USCIS site recmmends to download free adobe acrobat reader for form i 864 .But i cant get free adobe downloaded program which can fill this form..which free download pdf reader do you re commend to fill thanks

  • @patrickmusoko1
    @patrickmusoko1 ปีที่แล้ว

    I’m filling affidavit of support for my wife and she is bringing 2 kids with her who are 12 and 10 years old, my question is this , do l need file 3 affidavit of support for each person ?

  • @Luenysgo
    @Luenysgo 2 ปีที่แล้ว

    What if you meet the income requirements this year but not the past two?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      Then you will be fine! The last 2 years don't really matter. The important thing is your current income.

    • @Luenysgo
      @Luenysgo 2 ปีที่แล้ว

      @@DarianLaw thank you so much

    • @explorewithme2009
      @explorewithme2009 2 ปีที่แล้ว +1

      I have same concern, then why they ask for 2 to 3 years tax returns? If just the current income matters?

  • @thefootballroad8873
    @thefootballroad8873 ปีที่แล้ว

    Hi,for the K-1 visa process how many form I have to fill out ?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      To get started you just need 1 form and evidence.

  • @JaniegalvanGalvan
    @JaniegalvanGalvan ปีที่แล้ว

    Hello, if using a co-sponsor to meet the support requirements, do we count all my household and all the co-sponsor’s household? All dependents from both households ?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      I prefer to submit a separate I-864 affidavit of support for each sponsor. On your affidavit of support, we would only include your household members. On the joint sponsor's affidavit, we would only include their household members.

  • @PADE1RTW
    @PADE1RTW ปีที่แล้ว

    Do you need to file an i-134 form with the USCIS before the interview or just bring it at to the interview?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      For family cases you don't use the I-134, you use the I-864. I just released this video explaining the difference: th-cam.com/video/shl4ngFdRY0/w-d-xo.html

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      *family-based green card applications

    • @PADE1RTW
      @PADE1RTW ปีที่แล้ว

      @@DarianLaw I want to guarantee support for my 2 stepdaughters for B1 B2 visas. They have an appointment at the US Embassy in Thailand. Do I need to file my i-134 somewhere or just send it for them to bring to their interview?

  • @kellytortillas6668
    @kellytortillas6668 2 ปีที่แล้ว

    Do they go based on all 3 years of tax returns or only the current year

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Only current income is relevant, and they usually only look at the last year of returns.

  • @stevenroshni1228
    @stevenroshni1228 2 ปีที่แล้ว +1

    What about if the immigrant beneficiary has the income, but the US citizen sponsor doesn't have the income? Is it different for married filing jointly on a spouse petition than other cases?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      GENERALLY speaking, we can't use the immigrant beneficiaries income to meet the affidavit of support requirements. In this case, the US citizen sponsor will likely need a financial joint sponsor, which can be any US citizen or permanent resident who is willing to help.

  • @littledoseofeverything
    @littledoseofeverything 2 ปีที่แล้ว +5

    very helpful Attorney! thanks for uploading this!

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      You're welcome!

  • @24BLUEELMO
    @24BLUEELMO ปีที่แล้ว

    Hello. I'm k1 petitioner for my fiance but currently unemployed and won't meet financial requirements. Can a co sponsor file i134 for me ? Or do I use i864 instead ?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      Is your fiance already in the US or are is the K1 still pending? If in the US then you can use an I-864 joint sponsor.

  • @dextercelis5150
    @dextercelis5150 2 ปีที่แล้ว

    I filed unemployment during the 2020 pandemic do i have to attatch the file and include it as my total income for 2020

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes it's included in total income, and you should include the 1099 that you received from the government.

    • @dextercelis5150
      @dextercelis5150 2 ปีที่แล้ว +1

      thank you so much

  • @diopabibe541
    @diopabibe541 ปีที่แล้ว

    Hello thanks your help,i need to know about I-134 for dv lottery winner and if we need other supporting documents with from the sponsor

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      Please call my office at (914) 885-3961 if you need help with an immigration matter.

  • @zahrahassan9627
    @zahrahassan9627 2 ปีที่แล้ว

    Hi thanks for info but what about if you're a student dependent to parents but married and want to sponser husband. Can't be out of parent dependency

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Prepare an affidavit of support, and then prepare a second affidavit of support on behalf of your parents as joint sponsors.

    • @zahrahassan9627
      @zahrahassan9627 2 ปีที่แล้ว

      @@DarianLaw thanks a lot

  • @mariekatrinereyes308
    @mariekatrinereyes308 2 ปีที่แล้ว

    Hi if i'm a cosigner for a house loan should i also put that in the real estate information?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Probably not. In my experience most people only need to show their most recent tax return.

  • @bestfriend1992
    @bestfriend1992 ปีที่แล้ว

    Hello I am petitioning for my mom but my w2 isn't enough to cover the poverty guidelines I have children and receive child support for them. Can I add the child support payment to my income.
    If yes how can I add it on the Affidavit of support
    Thanks

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      You can include evidence of child support. See the I-864 instructions (first paragraph on page 8): www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

  • @JoseGonzTravels
    @JoseGonzTravels 6 หลายเดือนก่อน

    Question. I’m currently studying full time as a student in Japan .
    My Fiancée is Japanese and we just sent in our K1 visa application.
    Is it possible to use my fathers income for the income requirements?
    My plan is to return to full time employment once we immigrate back to the USA together.
    Thanks,
    Jose G

  • @pegapega2471
    @pegapega2471 2 ปีที่แล้ว

    Hello what if my uscis account number does not fit in the i864 box?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      you can print out the form and hand-write the account number in the boxes

  • @TheMichaelJu
    @TheMichaelJu 2 ปีที่แล้ว

    Can the petitioner write an email to inform the US consulate change of intended residency state from Hawaii to mainland when submitting a joint sponsor after initially refused by the US consulate due to not meeting the 125% poverty requirement in Hawaii?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      I don't know for sure, but that can probably be done.

    • @TheMichaelJu
      @TheMichaelJu 2 ปีที่แล้ว

      @@DarianLaw How much does your law firm charge for a draft to tell US consulate in writing about the change of intended residency state?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      @@TheMichaelJu I can help you draft a letter during a paid consultation ($300), but that wouldn't include any follow-up.

    • @jensprobinsyana7581
      @jensprobinsyana7581 6 หลายเดือนก่อน

      ​@@DarianLawhi, does making 3000 us dollars a month is enough for the 2 household?

  • @maneeandbrett8042
    @maneeandbrett8042 2 ปีที่แล้ว +3

    Hello, i lived with my now wife in her country from 2018 through the beginning of 2021. I didn’t file income taxes based off not meeting income requirements. I came back to the US in April 2021, and got a job in May 2021 with a total income of $38,400/year. I will file my taxes as soon as i get my w2. Will I need a joint sponsor since I didn’t file taxes 2 of the last 3 years? Or will I not need one since i meet the income requirements?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +2

      You will likely NOT need a joint sponsor if you do not have children. Your income can support a household size of 4 people.

    • @RamenGirl_9
      @RamenGirl_9 2 ปีที่แล้ว

      Im on the same boat, my husband opened his business at the end of 2019, we have tax returns for 2020 and 2021, but I don't know how to explain that I don't have 2019 tax my husband and I were supported by his parents through out 2019 and 2020, can you please share how did you manage to send your I-864? TIA

    • @Madoosieuh
      @Madoosieuh 2 ปีที่แล้ว

      @@RamenGirl_9 following

  • @kavitapanthi8706
    @kavitapanthi8706 ปีที่แล้ว

    Hello sir, i have a question i fill i130 for my mother only now it's approved i have brother under 21 so i have to fill affidavit form for my mother . My question is i have to submit my brother's name over here or not or if possible can i add my brother name in ds 260 what i have to do ? Am so confusing. I am waiting for your response Thanks

  • @bestfriend1992
    @bestfriend1992 ปีที่แล้ว

    Does uscis consider child support I received as part of my income

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว +1

      Yes child support can be included in your income calculation.

    • @bestfriend1992
      @bestfriend1992 ปีที่แล้ว

      @@DarianLaw thank you

  • @markmarquez5431
    @markmarquez5431 ปีที่แล้ว

    I read that you do one AOS for each i130 filed. I am a US citizen by naturalization. The question is if i do i130 for a spouse with a separate i130 for two of my biological (minor) children born out of wedlock with that spouse. So i did three i130 in total. The question is do i need to do three AOS or will my two biological minor children qualify for not doing AOS because they will become US citizen upon arrival? Thank you very much!

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      You probably don't need to file an I-130 for the kids because they are US citizens. You probably need to file a Consular Report of Birth Abroad so that your kids can get US passports. See: travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

    • @markmarquez5431
      @markmarquez5431 ปีที่แล้ว

      I don’t think they qualify for consular reporting of birth. Sorry, I forgot to mention that they were born before i migrated to the US. Thank you very much!

  • @ruth9829
    @ruth9829 ปีที่แล้ว

    Hi Darian, my husband is active duty and he joined Jan 2022. His 2022 taxes show more than 125% of the poverty guidelines but his 2021 & 2020 taxes are below it. Should he sponsor me alone or should we get a cosponsor? Thanks!

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว +2

      You don't need a joint sponsor if his current income and most recent tax return meet the income requirements. Don't worry about 2020 and 2021.

    • @ruth9829
      @ruth9829 ปีที่แล้ว +1

      @@DarianLaw thanks for the reply!

  • @theraman87
    @theraman87 7 หลายเดือนก่อน

    Now i-130 is approved and im filing i-864 and now i need to know my wife bring my son with her and my one year old son he is us citizen. Do i need to add him on page 4 , part 5?

    • @cuich001
      @cuich001 4 หลายเดือนก่อน

      Did you add your son in the I-864 form ?

    • @theraman87
      @theraman87 4 หลายเดือนก่อน

      @@cuich001 no

  • @delinah8646
    @delinah8646 ปีที่แล้ว

    Hi I need help please , my friend lost her husband couple months ago after the 130 was approved, now she's trying to complete processing and she need an I864 what i should pick in part 1 ? "is it the option 1.f. also we're a family of 4 and i only made 26k this year and my husband made 62k is i864A enough for my husband or he needs to complete i864. thanks in advance or if i can have yr office information please .

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      It might be best for your husband to complete the I-864 based on his higher income. You can also find my contact/consultation info here: www.darianlaw.com/schedule-a-consultation

  • @danitifeku3613
    @danitifeku3613 2 ปีที่แล้ว

    As a beneficiary do I need to bring the affidavit Finance support for k1 visa at US Embassy interview thank you

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      yes, I recommend bringing a copy of everything to the interview

  • @zaidahmad8573
    @zaidahmad8573 2 ปีที่แล้ว

    Hello, i have submitted i-864 nvc accepted it. I got email for being documentarily qualified but now they are asking for i-864ez. What should i do?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      I've seen this happen before and I ended up submitting the I-864EZ to satisfy them. I have also re-submitted the I-864 successfully in some situations.

  • @art22love
    @art22love 2 ปีที่แล้ว

    i-864, Part 5 Question #6 - What do you put in box if parent that I had sponsored died a few years ago? Does she still count as a dependent? Look forward to your response.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +2

      No, she does not currently count as a dependent. Put "0" in that box. I'm sorry for your loss.

  • @kathyhuricks3046
    @kathyhuricks3046 2 ปีที่แล้ว

    i am the petitioner but i am unemployed since 2015. and i am filing for my mom. my question is in AOS i can just put unemployed right? but i am or have been a joint tax with my husband. so i can just put whatever is on our ITR? hope i make sense :D thank you!

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes, you can prepare an I-864 for yourself where you indicate that you've been unemployed since X date. You can (and should) also submit a second I-864 on behalf of your husband as a joint sponsor, where you list his income to meet the affidavit of support requirements. You'll have to include your joint tax returns and proof of his income (W2s, 1099s, etc.). Good luck!

  • @BrittneyOputa
    @BrittneyOputa ปีที่แล้ว

    I came back to the country in MAY 2022 and been working since, I made a lil over 14,000 in 2022. The poverty guidelines are about 22,890, I’m still working at the same job and it’s January of 2023 & i just picked up another job. Do I need a joint sponsor ??? I definitely DO NOT want one. And can I f fill out the i184 EZ?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      It depends how much your current income is. I think that you most likely need a joint sponsor.

    • @BrittneyOputa
      @BrittneyOputa ปีที่แล้ว

      @@DarianLaw annual income will be way above 22,890. Are you talking about annual income?

  • @OneCrazyEgyptian
    @OneCrazyEgyptian 2 ปีที่แล้ว

    I make enough money now but i didnt last year and didnt file my taxes yet. Would i need a joint sponsor if i can show all the proof they need for my current work? And if i had sent the paperwork without a joint sponsor how likely would my case be automatically denied rather than getting an RFE?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      You do not need a joint sponsor if your CURRENT income is high enough (which you can prove with an employer letter and several months of paystubs). You'll get an RFE if you didn't meet the income requirements.

    • @OneCrazyEgyptian
      @OneCrazyEgyptian 2 ปีที่แล้ว

      @@DarianLaw thank you for your response. We went ahead and sent our packet in without a joint sponsor and still waiting for a response from them. Thank you 😊

  • @justinapaul5310
    @justinapaul5310 2 ปีที่แล้ว

    Is affidavit of support necessary for b1 b2 visa

  • @kimberlykoger5824
    @kimberlykoger5824 2 ปีที่แล้ว

    What if you receive SSI and have a joint sponsor can you still do it and on the affidavit of support form they ask for tax returns what do I put for that and how long have I been unemployed I am so confused

    • @kimberlykoger5824
      @kimberlykoger5824 2 ปีที่แล้ว

      I am so stressed out and nervous

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      @@kimberlykoger5824 Sometimes it's cheaper to hire a lawyer than to deal with the costs of doing it yourself - stress is a cost. Yes, you can still sponsor somebody if you have SSI as income. I assume your income is still too low, which is why you want a joint sponsor.

    • @kimberlykoger5824
      @kimberlykoger5824 2 ปีที่แล้ว

      @@DarianLaw yes correct but on the affidavit of support form where it asks for unemployment since when do I just put SSI income there and annual income I don’t know what to put there

  • @abookicoshugie8875
    @abookicoshugie8875 2 ปีที่แล้ว +1

    Hello sir, my husband was selected dv lottery 2023, we already filled the DS260 and waiting for the interview but now we have no any one to give us an affidavit of support documents and yet we can manage to suponser our self . How do we prove that to the embassy? Please help.🙏🙏

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      You do not need an affidavit of support if you are entering the US through the DV lottery system. Congratulations!

  • @aliciabisnar330
    @aliciabisnar330 2 ปีที่แล้ว

    Hello we are nvc stage my husband nt pay tax he is disable and he only have disability pension what will do

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      He can use disability income if it's sufficient, or a joint sponsor. Anybody who is a permanent resident or citizen can serve as a joint sponsor if their income is sufficient.

  • @cleanm8316
    @cleanm8316 2 ปีที่แล้ว

    Hi my wife and I have been searching for a joint sponsor since march we can't seem to find anyone willing to do it can you tell me our next move please

  • @ludaprince5
    @ludaprince5 ปีที่แล้ว

    Hi what about my tax 2019 2020 low and 2021 is highly what's going to happen

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      The only tax return that matters is the most recent tax year.

    • @ludaprince5
      @ludaprince5 ปีที่แล้ว +1

      @@DarianLaw thank you very much

  • @choncoconcos5912
    @choncoconcos5912 2 ปีที่แล้ว

    How often can I sponsor an immigrant, meaning if I sponsored someone today How long do I have to wait to sponsor someone else?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      No waiting period, but your household size (for calculation of your necessary income) increases by the number of people for whom you've petitioned in the past. For example, if your household size is ordinarily 2 people, and you sponsor an immigrant, then the next time you fill out the affidavit of support your household size would be 3.

    • @choncoconcos5912
      @choncoconcos5912 2 ปีที่แล้ว

      @@DarianLaw thanks sir. And also if sponsor multiple immigrants and my income becomes insufficient I could compensate it with assets and cash righ?. Thanks in advance. This helps me a lot. Blessings to all the members of your team.

  • @brendadelgado4449
    @brendadelgado4449 2 ปีที่แล้ว

    Can being a sponsor affect you negatively?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yeah, if the immigrant's income drops below the poverty guidelines and the affidavit of support is enforced, then the sponsor will be required to pay the difference. It has never happened to any of my clients, but I have heard stories.

  • @user-zc9zt2vl5s
    @user-zc9zt2vl5s 2 ปีที่แล้ว

    If the joint sponsor is retired, can they still qualify?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      Yes but they need to show that their current income meets the requirements.

    • @user-zc9zt2vl5s
      @user-zc9zt2vl5s 2 ปีที่แล้ว +1

      @@DarianLaw thanks

  • @Fakken28
    @Fakken28 2 ปีที่แล้ว

    I have been in the US since I was 6 years old and have been working since I was 19. I have DACA too. I am now 31 and waiting for my interview in Juarez which could happen within the next month. The lawyer helping me keeps telling me make good money and don't need an affidavit of support. Is this true??

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      It is possible for somebody who has employment authorization to use their income to show that their household meets the affidavit of support income requirements. Juarez is scary - good luck!

  • @desifacts874
    @desifacts874 ปีที่แล้ว

    I just for approval for i130
    Am about to fill affidavit my current 2023 income is good but my 2022 and 2021 income is insufficient . Do i need any other supporter ? Or i can fill sir ?
    Thank you so much

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      Technically speaking your current income is all that matters, but it might be a good idea to use a joint sponsor if your 2022 tax return shows insufficient income.

  • @universitariodelperu65
    @universitariodelperu65 2 ปีที่แล้ว

    I 134 question 26 and 38 please k1

  • @jamiedesormeaux7734
    @jamiedesormeaux7734 ปีที่แล้ว

    Hi, i have a friend that i recently just visited in the Philippines. I meet all the requirments financially but she has nothing. Can a 134 form help her visit here?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว +1

      If your friend wants a tourist visa then she will need to apply for one at the US consulate in the Phillippines. She will need to prove that she has substantial ties to the Phillippines and is not at risk of overstaying her tourist visa. It's generally harder to do this if you do not have financial resources. Unfortunately there is not much that you can do (financially) to assist her with the tourist visa process.

    • @jamiedesormeaux7734
      @jamiedesormeaux7734 ปีที่แล้ว

      @Darian Immigration Law thank you for you reply. So an I 134 form would not help us?

  • @laurenp8589
    @laurenp8589 2 ปีที่แล้ว

    Hello. I filled for my dad to immigrate and I don’t work but my husband does, and he files for tax jointly. Since I’m not the one working, does my husband have to be a joint sponsor? Or does his income count as mine? Thanks

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      His income does not count as yours. You need to file an affidavit of support, and he should also file one as a joint sponsor.

  • @sklxfrtmuzik6000
    @sklxfrtmuzik6000 2 ปีที่แล้ว

    Hey question if am being filed for by my wife in the us navy and my case is approved but is being delayed because my wife is on deployment at sea so she can’t submit her taxes and submit the affidavit of support for me can I have a co sponsor summit one or it has to be her tht sponsors me

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Under these circumstances you can use a joint sponsor.

  • @garrylafferty100
    @garrylafferty100 2 ปีที่แล้ว

    What confusing is it gross income? or is it adjusted gross income on a K-1 visa Affidavit of support?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Adjusted gross. Look at the "total income" line on the 1040 (I think it's line 11 for 2021)

  • @star_liights4783
    @star_liights4783 ปีที่แล้ว

    My partner and I have been together for almost 3 years, I believe we have enough evidence of our relationship being real and the times we’ve seen each other in person. Our only issue is my income, it’s been hard finding a job but thankfully I found one which states I will be earning more than $25,000 annually. Do I NEED the income tax proof in order to file for affidavit of support or can I show proof from my job’s letter on the amount I’ll be paid annually?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว +1

      You can use an employment letter and pay stubs but be prepared to use a joint sponsor if you receive a request for evidence.

    • @star_liights4783
      @star_liights4783 ปีที่แล้ว +1

      @@DarianLaw alright thank you so much!

  • @lizbertify
    @lizbertify 2 ปีที่แล้ว

    Thank you for your video. If I signed an affidavit of support for a student and they've now obtained an I-20 Form. They haven't gone for a visa interview yet and I would like to cancel the sponsorship.
    Can I do that?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes, you can.

  • @ethiopiahagere692
    @ethiopiahagere692 ปีที่แล้ว

    Hey Sir retired navy can still submit affidavit support? I asked this because I received email initial evidence about affidavit support when we applied the process my husband was active in the navy but not now please advise me

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      Yes retired navy servicemembers can still submit the affidavit of support.

    • @ethiopiahagere692
      @ethiopiahagere692 ปีที่แล้ว

      @@DarianLaw ok thank you

  • @kenyamencias4747
    @kenyamencias4747 2 ปีที่แล้ว

    I recently received an email from NVC saying that my Affidavit of support said not meet the qualifications for my immigrant relative that I may submit a joint sponsor and the consular officer will decide during my interview, I'm confused because they accepted all my documents but I have not received a DQ email yet, I submitted my joint sponsor request in NVC but recently but have not been able to upload there documents will I have to wait another two months for them to review the documents once I'm able to upload them,??

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Have you tried to re-upload a new I-864 affidavit of support?

    • @kenyamencias4747
      @kenyamencias4747 2 ปีที่แล้ว

      @@DarianLaw yes I did I recently uploaded it in Friday, but it will not allow me to upload documents any financial documents for my joint sponsor

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      @@kenyamencias4747 Can you use the option to upload "other" documents? That has worked for me in the past.

  • @madeleinembow7065
    @madeleinembow7065 ปีที่แล้ว

    Hi sir I only work the most recent years but I am scare to start the nvc process because I didn’t work the other two years but my most recent is more than enough 45600 for family of 3 but I don’t know if I should wait for this year to end so I can have this year tax return also just to be on the safe side for the interview

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      We only need the tax return from the most recent year, and 45,600 is enough for a family of 3. You probably don't need to wait.

    • @madeleinembow7065
      @madeleinembow7065 ปีที่แล้ว

      @@DarianLaw oh okay thank you so much

  • @KurayamiK
    @KurayamiK 2 ปีที่แล้ว

    Hello, I have a friend in the United States who wants to take me there to live a better life in a better country. What options does he have to bring me to the United States?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      It sounds like you need to schedule a consultation with an immigration lawyer. This isn't something that I can answer in a short youtube comment, unfortunately.

    • @KurayamiK
      @KurayamiK 2 ปีที่แล้ว

      @@DarianLaw Are you able to make a youtube video on this? That would be greatly appreciated!

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      @@KurayamiK Your question is asking me to summarize all of US immigration law in a single youtube video. The video would be 3 hours long. Also, a big portion of the video would discuss employment-based visas, which, unfortunately, are not something I focus on. I recommend speaking with an immigration lawyer who focuses on employment-based options, because it sounds like that might be your best chance.

  • @noeliagonzalez2754
    @noeliagonzalez2754 2 ปีที่แล้ว

    Is it possible to use unemployment benefits income plus some regular job income as a sponsor for an affidavit of support?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes, we look at the "total income" line on the tax return (IRS Form 1040)

    • @jensprobinsyana7581
      @jensprobinsyana7581 6 หลายเดือนก่อน

      ​@@DarianLaw Hello, does making 3 thousand dollars a month meet the federal household income for 2 Household?

  • @jasansandhu520
    @jasansandhu520 ปีที่แล้ว

    hey
    cancl 1864 prorss

  • @BmAzan
    @BmAzan 2 ปีที่แล้ว

    sir i have a question my father is a lawyer , how do i show his income and i want to show passive income from bank interest .

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      His tax return, IRS Form 1040, should reflect his income from interest, along with form 1099-INT from the bank each January indicating the amount of income he earned.

  • @DearCes
    @DearCes 2 ปีที่แล้ว

    Hi, This is a great video, I just have a quick question please so nervous about filing my Adjustment of Status after the wedding.(Im a K1 visa holder) we were approved without sending any of my spouse proof of income we sent her mom's as a joint sponsor.And they even didnt ask for anything during my K1 visa interview now that we are filing for AOS and I dont have any proof of income of my husband and its basically her mom who can. Should I send USCIS his mom's I-864?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      If you use a joint sponsor from his mom, you ALSO need an I-864 filed by the petitioner (your spouse). In that case you would submit two I-864s. It'll be fine so long as his mom earns enough income.

    • @DearCes
      @DearCes 2 ปีที่แล้ว

      @@DarianLaw Thank you so much this made me feel better. More power to your channel! You are helping a lot of people

  • @paovue2638
    @paovue2638 ปีที่แล้ว

    Hi, I just started selfemploy. I got W2 from 2019/2021 (15k each income). Will I be able to sponsor with just form 1099 tax return income of 50k from 2022?

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว

      You only need to show your tax return from 2022 (or current income). You'll need your full federal tax return from 2022 and any 1099s/W2s from 2022. 50k is enough for most household sizes. See: www.uscis.gov/i-864p

  • @hannamariecarpenter2752
    @hannamariecarpenter2752 2 ปีที่แล้ว

    Sir Good Day,
    I have a question, is the I-846 only for immigrants? Or do i need it if im going to the Us as non immigrant visit to my family?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      The I-864 is only for immigrants who are applying for permanent residence (green card). You do not need it if you are entering the US as a tourist.

  • @arthurdr964
    @arthurdr964 ปีที่แล้ว

    Hello Darian,
    I am in the process of submitting my I-864 - could you tell me if you believe I would I need to find a joint sponsor in my case…
    - I live in the US in the same household as my US citizen wife.
    - I have been working in the US on a work-visa for the past 3 years and will continue to do so this
    year.
    - My spouse does not meet the income requirement, but I do…
    - I also have proof of Tax returns for the past 2 years
    - because we are living in the same household can my income contribute and therefore we will not need a joint sponsor? Or do you think we need one regardless if my sponsor does not meet the income requirements alone…
    I look forward to hearing from you, thank you!

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว +1

      Your spouse must still file an affidavit of support, but in this situation you may be able to use your own income to meet the income requirements if you meet the other requirements. Carefully read the I-864 instructions.

    • @arthurdr964
      @arthurdr964 ปีที่แล้ว

      @@DarianLaw thank you for your response. Wishing you the best

  • @MaGacc
    @MaGacc 2 ปีที่แล้ว

    Hi sir ..
    I and my family register lottery.. did i have to find Affidavit support and any other wayes to get to USA as imgerant.. thanks alot

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Great question. The affidavit of support is not required if you apply for your green card through the lottery. The affidavit of support is required for green cards based on family petitoins.

  • @nickmo58
    @nickmo58 ปีที่แล้ว

    Hi Pouyan, Thank you sooo much for all the videos!
    One question, please: I filed the I-30 petition last August for my wife, and for the last 3 years, I have made more than enough to be eligible to sponsor my wife. considering that in a couple of months, I have to file the affidavit of support, is it possible for me to leave my current job since I have made enough on my tax return in prior years, or at least leave my job and get a similar paying job somewhere else or I need to stay at my current job to show income stability?
    Will current employment be checked or they only look at the prior year's tax returns?
    Thank you!

    • @DarianLaw
      @DarianLaw  ปีที่แล้ว +1

      The affidavit of support asks about your CURRENT income. The only documentation they will ask for is your most recent tax return. If you leave your job and make the same amount at a new job then it won't be an issue, but if you make substantially less then it might be an issue. They will not check with your current employer and will only look at the prior year's tax return and the amount that you indicate you are currently making.

    • @nickmo58
      @nickmo58 ปีที่แล้ว

      @@DarianLaw thank you so much!

  • @christianjourneys2909
    @christianjourneys2909 3 ปีที่แล้ว

    Hey brother just got approved I-130. Now I need I-864. I just got quit my job to become self employed this week. All I have is check stubs from last job , won’t have 1099 until January 2021. Should I file now the affidavit of support with only the check stubs ?

    • @DarianLaw
      @DarianLaw  3 ปีที่แล้ว

      That's a tough one, but the form actually only requires the last year's tax return (2020) along with your "current" income. It's doable (now), but a little tricky.

    • @kaomireid37
      @kaomireid37 ปีที่แล้ว

      ​@Darian Immigration Law hello should I be counting myself and my husband depends aswell for this for or its only me and my child that will be applying with me

  • @silofitness168
    @silofitness168 2 ปีที่แล้ว

    Hi Darian. My spouse is working but have no tax history yet since she lives with my elder brother. She has been there for few months only. Her income status makes up the required amount. Does she still need to get a joint sponsor or she is good to go?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +2

      If she currently earns enough income, then she does not need a joint sponsor and is good to go! She should submit an employer letter and several months of pay stubs (see the instructions on Form I-864 for guidance). Good luck!

  • @polinaherdean4580
    @polinaherdean4580 3 ปีที่แล้ว

    I really need help with this.
    I am going to fill form I 130 for my spouse overseas and I want to know when I get to my affidavit of support, I currently work as a independent contractor, I also do food delivery . I will do my taxes as a single member LLC in the beginning of next year and want to know if that is good enough for uscis ? Because with food deliveries I do not get actual pay stubs like a 9-5 job since I take my orders individually and can only show bank statements of the payments being sent to me from this company.
    This is a real struggle for me and I wish to have the proper guidance.

    • @DarianLaw
      @DarianLaw  3 ปีที่แล้ว +1

      We can use your 2020 tax return to satisfy the affidavit of support. Your situation sounds a little complex, but workable. I've successfully handled similar matters. Best of luck!

  • @willemsmilla9561
    @willemsmilla9561 2 ปีที่แล้ว

    Hi just wanna ask wish do I need to fill for my k1 faince Visa I 864 or I 134 affidavit of support wish one will I need pls I need help

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Good question. For the K1 fiance portion of the case, you use an I-134. After your fiance enters the US (and you get married), your fiance will apply for adjustment of status, and along with the green card application will submit an I-864.

    • @willemsmilla9561
      @willemsmilla9561 2 ปีที่แล้ว +1

      @@DarianLaw thanks so much I really appreciate

  • @cherylbuccelli429
    @cherylbuccelli429 2 ปีที่แล้ว

    My son eloped with a girl on a student visa. They haven't known each other long, and she is graduating. He doesn't work, and wants me to sponsor her. I'm obviously uncomfortable, could we just loan him 50k and we wouldn't be on the hook for this seemingly open ended contract?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      The affidavit of support instructions (page 10 of 17) indicates: "In order to qualify based on the value of your assets, the total value of your
      assets must equal at least five times the difference between your total household income and the current Federal Poverty
      Guidelines for your household size." Assuming your son has no children or other dependents, his household is probably "2," which probably means his income needs to be at least $22,887 (see www.uscis.gov/i-864p). If his current income is 0, then he needs to show AT LEAST 5 x 22,887 = $114,435 in the form of assets which can be immediately liquidated into cash. You would need to GIVE (not loan) him at least $114,435 for this plan to work.

    • @back2the80s
      @back2the80s ปีที่แล้ว

      Eloping without a job? Why would parents have to pay for his fly by night romance? He can get a job

  • @maribethmurray9110
    @maribethmurray9110 3 ปีที่แล้ว

    In my situation, we don't have tax form to submit because my husband is working abroad for 13 years. And we just got back here now I am processing my adjustment of status. Pls help what should I do. I got a notice for I864 MORE EVIDENCE :(

    • @DarianLaw
      @DarianLaw  3 ปีที่แล้ว +2

      Your husband probably needs to file a tax return (even if he lived abroad), and you might also need a joint sponsor. If you do not properly reply to that Request For Evidence, your case will be denied and you will lose the $1,760 government filing fee (and losing these fees might be the least of your concerns). I strongly recommend hiring a lawyer at this point if you do not already have one, because you have fewer than 87 days to respond. Good luck with everything!

  • @jay-rabuan6973
    @jay-rabuan6973 2 ปีที่แล้ว

    Hello Sir
    We just got 221g in our interview last September 14, 2022, The officer said we are 6 household size but the Petitioners income are not acceptable for 6 persons but in 5 persons only (Reported on W-2 $40,829) so she advice us to add a Joint Sponsor, Our Joint Sponsor is a US Citizen, No previously Petition and No Dependants and his reported income tax on W-2 is $24,583 is he qualified for our Joint Sponsor Sir?

  • @SM-tq4jy
    @SM-tq4jy 2 ปีที่แล้ว

    Hi! We received an RFE for our i864 because my husband didn’t make enough income in 2020. We just filed our taxes for 2021 and have the 1040 to show that he is currently making enough. Can we respond the RFE with an updated i864 and add w2,1099 and irs transcript and paystubs? or do we need to find a joint sponsor?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes, you CAN respond with an updated I-864 and new tax return (instead of a joint sponsor). Remember that if you mess up the RFE, everything likely gets denied and you have to start all over and re-pay the fees. I usually submit the I-864 with evidence of citizenship and IRS Form 1040, all federal schedules, W2s, and 1099s.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      At this point you should either be confident in your response, or hire a lawyer to respond on your behalf. Sometimes clients will prepare their I-864 and submission and will consult with me so that I can go over it with them to see if it's sufficient.

  • @nayah8088
    @nayah8088 2 ปีที่แล้ว

    Hi. For the sponsor income, do I put my gross income from the previous year or can I put the "average income" I made from that last 3 years? Bc my income from last year was the highest I made, but that's bc I switched employment in 2021 and thay not my regular income.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      No, you can't use average income. Use the "total income" line from your 1040. This should be line 9 on the 2021 version of the 1040. You only really need to include your income from the last tax year.

    • @loveprima1726
      @loveprima1726 2 ปีที่แล้ว

      @@DarianLaw hello sir my co sponsor makes more in 2021 and in the 2020 he make less but my wife makes more 2020 and I’m also having my interview in February am I good to go

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      @@loveprima1726 Bring updated affidavits of support from your wife and co-sponsor to your interview (and upload them to the NVC website if this is a consular interview).

  • @tinoandbrothersandmom2974
    @tinoandbrothersandmom2974 2 ปีที่แล้ว

    Hello, my husband has been receiving a 100% disability compensation from the VA. his social security combined with the dividends are below the minimum of the taxable amount. But his income annually combined with his VA compensation is $60,858. Can we use his va compensation to petition me (his wife)

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      Yes, you can use nearly all income sources including the VA benefits.

    • @tinoandbrothersandmom2974
      @tinoandbrothersandmom2974 2 ปีที่แล้ว

      @@DarianLaw thank you sir for the answer

    • @tinoandbrothersandmom2974
      @tinoandbrothersandmom2974 2 ปีที่แล้ว

      @@DarianLaw in that case sir, since he did not file taxes, we do not have tax transcript, what can we show to the US consul that he has sufficient income?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      @@tinoandbrothersandmom2974 he needs to file a tax return for his VA income

  • @AItrendytechtips
    @AItrendytechtips 2 ปีที่แล้ว

    Hello! I’m a follow to join but I am going to interview 2 years and 3. Months later due to the pandemic and COVID . My father is the principal applicant he is now a resident but he doesn’t have the copy of his affidavit of support and joint sponsor. Could I as a derivative follow to j . Use a new affidavit signed by my petitionary and a new join sponsor? I’m asking this because I read online that I should used the photocopy of my father’s affidavit of support but he doesn’t have it and his joint sponsor doesn’t have taxes for the last 2 years due to work accident

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Sorry I missed this comment. That's a complicated situation and my first question is whether your father's joint sponsor received income or disability payments as a result of the work accident (in which case, the sponsor can still file a tax return and show proof of his sources of income - which might resolve your problem). What do you mean when you say he doesn't have a copy? A copy must have been uploaded to the government's website (ceac.state.gov) and you should ask whomever uploaded your supporting documents for a copy of the affidavit of support. The last option would be to use a fresh affidavit of support.

  • @corinekillian402
    @corinekillian402 2 ปีที่แล้ว +1

    Hey Pouyan. I have submitted a petition for my spouse. I was told by an immigration lawyer that my income is solely bassd on my tax returns. If i do not claim any dependents on my tax return then i only need to show i make enough for my spouse and I. I have been told this by two different immigration lawyers. Is this correct?

    • @corinekillian402
      @corinekillian402 2 ปีที่แล้ว

      And what does it exactly mean by "current" income?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Hi Corine - "current income" refers to the amount of money you earn on the date you sign the I-864. Great evidence of your current income is your most recent year of tax returns. Generally, USCIS just looks at the last year of tax returns to determine whether you meet the income requirements, BUT there are other ways to qualify. The income requirement for a household size of 2 people is currently $21,775. Let's assume you only earned $15,000 on your 2021 tax return, but you recently got a new job where you earn $40,000 and you have a few pay stubs to prove your current income. We can submit your paystubs and an employer's letter (along with your insufficient 2021 tax return) to meet the income requirements.
      Household size is a complex calculation, but GENERALLY SPEAKING, your household size is 2 if: (1) you have no children or dependents, (2) you are married, and (3) you have never petitioned for any other immigrant before. To learn more about household size calculation, you can download the Affidavit of Support (Form I-864) along with the instructions here: www.uscis.gov/i-864. Page 7 of the instructions shows you how to fill in the household calculator on the form. It is a poorly designed form, which is why I recommend asking a lawyer to fill it out for you. I hope that helps!

    • @corinekillian402
      @corinekillian402 2 ปีที่แล้ว

      @@DarianLaw yes that does help me understand things better. If someone wanted you to represent them as their lawyer for immigration petition how much are your fees?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      @@corinekillian402 It depends on the situation. We would have to speak privately.

    • @corinekillian402
      @corinekillian402 2 ปีที่แล้ว

      @@DarianLaw okay but from your understanding if a situation where my boss gives me raise before it becomes time for me to sign the I 864 form, then I would need to submit an employment verification letter and pay stubs and then i should meet the requirement?

  • @sapooosyl1446
    @sapooosyl1446 3 ปีที่แล้ว

    Hi, I have issues with my job right after I filed form I-130 for my unmarried daughter so I presently have no income. I-130 has been approved and it's time to upload affidavit of support. Can I use my assets alone to prove financial support or is it okay to wait till I get back to work in a month's time before proceeding? Alternatively, can I use a co-sponsor income alone? Thank you for you help.

    • @j5sutubechannel257
      @j5sutubechannel257 3 ปีที่แล้ว +1

      You can send only your tax return the resent 3 years (2020,2019,2018) all matters is the resent one the 2020 tax return Or You can add a joint sponsor any US resident can be a joint sponsor that willing to be your daughter sponsored..don't wait to expired the processing time..I think NVC will just give you a 1 year to process this application ..

    • @DarianLaw
      @DarianLaw  3 ปีที่แล้ว

      If your 2020 tax returns demonstrate sufficient income the inquiry ends there. If not, evidence of current income becomes necessary (employer letter + pay stubs). Thanks for commenting!

  • @paytonbarrette3203
    @paytonbarrette3203 2 ปีที่แล้ว

    Hello
    I am in the process of filing out my I-864 and just have a few questions based off of my situation and what forms the joint sponsor should fill out.
    - I am the petitioner
    - Living currently in the UK with my husband on a student visa
    - Relocating back the US for a new job
    - Currently unemployed
    - Have been a student the past 4 years so have not filed taxes but have had part time job but haven't met the threshold to file
    - Share the same permanent address with my parents who have claimed me as dependent the last 3 years on their taxes however my present address and mailing address are in England
    - Parents file jointly

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      the sponsor AND the joint sponsor each need to fill out a separate Form I-864

  • @jeffsonjnrslovilmar5082
    @jeffsonjnrslovilmar5082 2 ปีที่แล้ว

    Hello, thank you for your work. I have to go to study US and my father has political asylum status but he wants to sponsor me, how can he help me?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Complicated question - there could be different pathways depending on how recently he was granted asylum and whether you are under age 21 and unmarried. I recommend scheduling a consultation immediately because there is a time limit of 2 years for certain petitions after a parent/spouse wins asylum.

  • @junams
    @junams 2 ปีที่แล้ว

    Hello. I am your new subscriber. I am on the process now if finding out what right form to use for AOS. *My husband lived with me outside the U.S since 2019. He doesn’t have any job since he is indeed tourist visa. We should have a joint sponsor and what specific form should I use ? Thank you much.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      Thanks for subscribing. Are you currently outside of the US? Adjustment of status is only for people who are in the US. Consular processing is for people who are outside of the US.
      Either way, the affidavit of support process is similar and you should use form I-864. You'll probably need a joint sponsor if your husband doesn't have income.

    • @junams
      @junams 2 ปีที่แล้ว

      @@DarianLaw Yes, we are outside the U.S. it will be the I-864 alone? Not the I-864A even if we need a joint sponsor ?
      One more thing is that I read about the proof of domicile. Does petitioner (U.S citizen) need to have his own house and address ? Or will it be fine to use his fathers (joint sponsor) address since it’s where he Live before he came to visit And be with me here outside the U.S until my visa approved.
      Thank you so much for your help.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      ​@@junams Your husband should file an I-864 as the petitioner, and your joint sponsor should file a second I-864 (not I-864A)

    • @junams
      @junams 2 ปีที่แล้ว +1

      @@DarianLaw alright sir. Thank you so much for your help sir.

  • @meyou-le2jl
    @meyou-le2jl 2 ปีที่แล้ว

    @Pouyan Darian, Esq. - Immigration Lawyer
    Hello, I am in the process of bringing my fiance over on a k1 visa. He has am appointment next month. I am filling out the Affidavit of Support (form I 134) but unfortunately I resigned from my job in December for an unpaid counseling internship so I have no income. Can I still complete the form with last year's income tax with my income of 55,000 or do I need someone with a job (my mom) else to complete the Affidavit of Support.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      The affidavit of support is based on your current income, so you will likely need a joint sponsor. You can submit a second I-134 from your mother to meet the income requirements.

    • @meyou-le2jl
      @meyou-le2jl 2 ปีที่แล้ว +1

      @@DarianLaw
      Thank you!

    • @Natha0412
      @Natha0412 ปีที่แล้ว

      @@DarianLaw I am in a similar situation, do I just fill out two I-134 forms one for myself and one from my mom?

  • @rizagubat8506
    @rizagubat8506 2 ปีที่แล้ว

    hi sir good morning I just ask if my fiance is a laborer .. $ 11 per hour ..sir he wants me to file a fiance visa Sir can he be approved even if it's just labor sir I hope you can answer.

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Yes, he can be approved. Occupation is not relevant, but annual income DOES matter. You can use this page to determine the income requirement (which depends on the household size): www.uscis.gov/i-864p. For example, if your prospective fiance (1) has no children, (2) no dependents, and (3) has never sponsored another immigrant, then the household size will PROBABLY be calculated to be 2 people (US citizen + immigrant fiance), and the minimum income requirement in this situation would be $21,775. You can prove the level of income using last year's tax return or current paystubs.

    • @rizagubat8506
      @rizagubat8506 2 ปีที่แล้ว +1

      @@DarianLaw thank u so much Sir

  • @yvonneford2251
    @yvonneford2251 2 ปีที่แล้ว

    I would like to withdraw my Affidavit of support for a Adult child (19) can I do so and put the filing process on HOLD for my husband?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      Yes, but only if the adult child has not yet become a permanent resident.

    • @yvonneford2251
      @yvonneford2251 2 ปีที่แล้ว

      @@DarianLaw No she is not, nether is the Father. They are in the process with the Government. I have written the Government to remove her from I-864. By removing her which is a K-2 does she has to return back to her Country? What do I have to do to remove her off filing for her?

  • @jonathanhart2459
    @jonathanhart2459 2 ปีที่แล้ว

    Hello i just have a quick 2 part question…
    1. Does it look bad if i petition for my wife (i-130) and ask for a waiver fee (i-912) ?
    2. Will the process take much longer because of the i-912 ?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      It's unusual to apply for a fee waiver for a category of petition which requires you (the petitioner) to show that you meet income requirements with an affidavit of support. Yes, the fee waiver request will increase the processing times.

  • @ibitayodawodu2064
    @ibitayodawodu2064 2 ปีที่แล้ว

    Do I need to update the affidavit of support form if my case has been processing since 2019. My interview is next month. The Affidavit of Support for me was approved but I m wondering if it needs to be updated or I could just go with my sponsor's W2 form

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      you don't need to update the affidavit of support but you should bring the sponsor's tax return and W2s/1099s for the most recent tax year. Good luck at the interview!

  • @leroymessi7555
    @leroymessi7555 2 ปีที่แล้ว

    Hi Sir. Sir I would like to know if the employee is sometimes asked to finance this Affidavits or it is a total responsibility of the employer?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      This affidavit is for family petitions (not employers). If a US citizen marries an immigrant, the US citizen will have to submit an affidavit of support. If the US citizen's income is too low, a joint sponsor may be used.

  • @valleyheartband9636
    @valleyheartband9636 3 ปีที่แล้ว

    Hello Pouyan! Great video. Question - Is the Affidavit of Support necessary for Consular Processing or just Adjustment of Status?

    • @DarianLaw
      @DarianLaw  3 ปีที่แล้ว

      It's necessary for both processes, but the form is the same. You must generally use www.uscis.gov/i-864 for adjustment of status and consular processing.

    • @beckyade9331
      @beckyade9331 2 ปีที่แล้ว

      @@DarianLaw I added household member twice under primary sponsor and joint sponsor how do I delete the one under primary sponsor as household member is related to joint sponsor

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      @@beckyade9331 Sorry, I'm confused. Can you tell me specifically which page of the I-864 you're referring to. Did you already submit it?

    • @beckyade9331
      @beckyade9331 2 ปีที่แล้ว

      @@DarianLaw affidavit of support where to add household member. I added household member that was not listed on i864 for main sponsor but was listed on i864 for joint sponsor.so I added the same household member documents twice.I already submitted it

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +1

      @@beckyade9331 Did you submit to USCIS, or to the consulate/NVC? If you submitted to USCIS then there is nothing you can do unless USCIS issues a request for additional evidence. If you submitted to the consulate/NVC then you can bring an updated or amended affidavit of support to the interview (or you can re-upload if they request a new affidavit of support).

  • @orz4169
    @orz4169 2 ปีที่แล้ว

    Hello sir.
    Thank you for the great video!
    I have one question regarding the affidavit of support.
    My husband is planning to join the military soon. If he starts joining the military and shortly after USCIS asks for affidavit of support, does his income still be based on the general income poverty guideline or change to the guideline for military members?
    Thank you in advance!

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว +2

      Generally, the petitioner's affidavit of support needs to demonstrate that the petitioner earns at least 125% of the poverty guidelines for the household size. However, military service members only need to show that they earn 100% of the guidelines. Navigate here www.uscis.gov/i-864p to see a chart with the dollar requirements. For example, if your husband is in the military and has a household size of 2, then he only needs to show that he earns $18,310 (instead of $22,887).

    • @orz4169
      @orz4169 2 ปีที่แล้ว +1

      @@DarianLaw thank you!

    • @luiszazueta103
      @luiszazueta103 2 ปีที่แล้ว

      @darain immigration law do I need a affidavit of support if I'm the immigrant but have daca and make over 80k a year and my wife don't work

  • @joshhemminger2564
    @joshhemminger2564 2 ปีที่แล้ว

    Very informative video. Only question I have is: Do I include the I-134 with the I-129 I submit for the K-1 Fiance Visa OR....do I send it to her and have her take it to the Embassy in Manila during her interview?

    • @DarianLaw
      @DarianLaw  2 ปีที่แล้ว

      Both!

    • @piaprecious5279
      @piaprecious5279 2 ปีที่แล้ว

      Only at her interview at the embassy. Just filed and approved and case ready.

    • @joshhemminger2564
      @joshhemminger2564 2 ปีที่แล้ว +1

      Congratulations! When was your I-129 first submitted? I sent mine to USCIS in June. They acknowledged receipt and cashed my check...no word since.

    • @piaprecious5279
      @piaprecious5279 2 ปีที่แล้ว +1

      @@joshhemminger2564 may 3, 2021… approved june 2022. Case ready aug 16

    • @Tashalinsworld
      @Tashalinsworld ปีที่แล้ว

      @@piaprecious5279 I have a k2 should I fill extra I-134 for that child

  • @ivorywhite7161
    @ivorywhite7161 ปีที่แล้ว +1

    That form kept me from naturalizing my ex wife. See the way she doesn't money and the way her family back in the Philippines kept asking her for cash. I couldn't be the fall guy, and it lasts for 10 years smh.