Affidavit of support requirement?

[rjagtiani]

Hi,

Im a US citizen living in India since past 10 years. Having low income i never filed US tax returns as no taxes were due given the low income.

I got married in India in 2010 with an Indian citizen. We have a son who acquired US citizenship through me.

Now we as a family wish to move to the US. I have applied for my wifes green card application in India through councilor processing. The I-130 application got approved and we got the approval notjce by mail. However it said we need to now follow instructions and apply for the immigrant visa and thereby go for an immigrant visa interview process.

During the interview all documents were in order but as i never file US tax returns the Affidavit of support along with tax returns were missing and they asked us to provide the same within one year.

My question is

My wife already has a 10 year tourist visa for the US? Can she travel with my son to the US on that tourist visa and then apply for a change of status or any other alternate for her to obtain the green card when she is in the US on tourist visa given the approval notice of the green card application ?

Since she already has a tourist visa does she really need the immigrant visa to enter the US to get the green card or can she do the same on the tourist visa itself thereby avoiding the affidavit of support and my US tax returns.

[jairichi]

When you have applied for immigrant visa for your wife and son it is advisable not to travel to US on a visitor visa. You will be asked affidavit of support and tax returns even if you apply from US.

 

And, for your information whether you owe tax or not to US government you are still required by law to file your tax returns every year. Being a foreigner I know this and I cannot understand how you don't.

[rjagtiani]

Hey

I have not applied for my Sons immigrant visa. He is already a US citizen having a US passport.

The immigrant visa was applied for my wife, who from the past already has a non immigrant tourist visa.

Im currently in the US, they wish to come and travel temporarily for a month. Can she enter the US wih her tourist visa which she already has?

Her immigrant visa application is on hold until i submit my income tax returns. Which i plan to do so but will take some time and the US consulate has given me a year to do so.

Until then my main question now is can my wife travel for a month to the US on her tourist visa along with my son who is a. US citizen? She can come with a return ticket and is employeed in India proving that she would be going back?

[jairichi]

Since she has a visa she can travel to US. And, now you changed your statement that your wife is planning to return after a month visit while in your initial post you mentioned you are planning to file a COS in order to get a GC.

[pontevecchio]

The facts you stated will always be available to them wherever you apply. I would suggest discussing the matter with the firm of Murthy in Chennai.

[rjagtiani]

Basically we as a family do not wish to move to the US until mid to end 2015. We have been married since 2010 but not until this year we finally made our mind to eventually move to the US and hence i had never earlier applied for her GC.

Now having applied, the process was so quick surprisingly that within 15 days the approval notice came and only due to the affidavit of support missing the immigrant visa is kept in hold and we have until next year to submit that. Therefor instead if rushing into things and getting her GC and then having to maintain it by travelling frequently until we finally move here would be difficult specially with a one year old to travel often.

Therefore we concluded that on this short trip she can come on her tourist visa and then ones we are finally ready to move i complete the immigrant visa process.

Pls advice if this is the correct course of action by us.

[jairichi]

Basically we as a family do not wish to move to the US until mid to end 2015. We have been married since 2010 but not until this year we finally made our mind to eventually move to the US and hence i had never earlier applied for her GC.

Now having applied, the process was so quick surprisingly that within 15 days the approval notice came and only due to the affidavit of support missing the immigrant visa is kept in hold and we have until next year to submit that. Therefor instead if rushing into things and getting her GC and then having to maintain it by travelling frequently until we finally move here would be difficult specially with a one year old to travel often.

Therefore we concluded that on this short trip she can come on her tourist visa and then ones we are finally ready to move i complete the immigrant visa process.

Pls advice if this is the correct course of action by us.

Sounds good. Talk to an immigration attorney about your well laid plan.

[Attorney_6]

Set up a consultation to go over these issues. There is nothing legally wrong with entering on a tourist visa for a temporary visit (after which one will leave the country) while an immigrant visa is pending. However, the POE officers may not believe that the individual really WILL depart the country in this situation. Thus, it is necessary to be prepared for the POE and know what to do if to avoid further complications if they will not admit her as a visitor.

 

As for the affidavit of support, it sounds as if it is necessary to establish employment etc. in the U.S. for a bit to overcome the affidavit of support issues, unless there is a joint sponsor available.