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Re: Resident Alien Income on Affidavit of Support Posted on: Tue, 22 Feb 2005 00:27:31 +0000


> I'm a US Citizen. My fiancee is here working on an H1B. I currently
> have no job because I'm a student, but his income is enough that it
> supports us both very comfortably. He's been working in the US for 2
> years. My question is can we claim his income on the affidavit of
> support since I make nothing? I read you could claim foreign income
> after being married and living in US for 6 months. Since he has
> already been working here in the US, could we just use his?

As I understand it, the citizen has to prove that they can support the
fiancee/spouse. The whole idea is that the non-citizen will not become a
charge on the state, so it's YOUR income that matters. I may be wrong.

I don't have the forms in front of me, but I believe you can also
provide the affidavit on the basis of assets, not income. That is
something you may want to look into.

Nettie

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