I love the Embassy's vague answers.
No worries Missy! Here was my situation - maybe it'll shed some light on the issue for you.
I had 2 years of US Tax returns (1st year was missing because I didnt work in that year, which I made clear in a cover letter). My tax returns showed very little income - no where near enough to make the entire requirement. I wasnt working in the US or the UK but because of my assets in *addition* to my $4400 in income (as shown on most recent return) I was fine to sponsor my husband.
Have a look at your lastest tax return. If it shows enough income to support your household size then you should be ok. It doesnt matter if that income was earned in the UK or the US.
Because you dont have a job in the US you wont be able to use your current or expected income (income that hasnt been on a tax return yet). If you have a job in the UK, that job will likely end when you move to the US, thereby ending the income. If the UK job will continue when you move (say you can work online) then you can use a letter from your employer to state your current income. Otherwise, its tax returns and assets only.
Its always good to supplement your income with healthy assets no matter how much income shows on your returns. If you have a house, car, savings or investments (or your husband does) SHOW THEM ANYWAY. You'll be able to use your husband's assets as if they were your own.
But back to the straight answer: No, you DO NOT have to be employed *in any country* when you submit the Affidavit. I wasnt and Martin got his visa.
Good ways to support your affidavit are:
* Obtaining a job in the US (with the intention to start work when you arrive). You can get a letter from your new employer to state what your income will be. Your husband can do this also. He will not be able to work at that job until given permission to do so, but he can use the offer of employment to show income.
* Use your house (if you have one)!!
* Get a sponsor anyway. You can hold back the sponsor's affidavit until they say yours isnt sufficient (hopefully they wont say that, but you know what I mean). Just have the sponsor there for back-up incase you need it. They wont actually let you use a sponsor if you can support your household on your own affidavit so no worries of needlessly involving a sponsor.
The best thing you can do is read over the affidavit instructions again and again and again. Sometimes you'll discover something that you never saw before. Also there are lots of affidavit FAQs online. Do a google search for I-864 or Affidavit of Support FAQs.
Also keep in mind that these forms are MADE for people who are applying from the US. According to the instructions a person without a residence in the US cannot actually be a sponsor but thats not true, because so many of us have done it without having a US residence. The Embassy knows your situation is different from that of the people who the forms were made for.
Do you have any assets??
PS:
You only need W-2s if you filed jointly on a US tax return and your spouse is not acting as a sponsor. For example, dad is acting as a co-sponsor and mom doesnt want her income used on the affidavit of support. They filed jointly on any or all of the three tax returns. Dad must show his W-2s to show what portion of the income on the tax return was his.
You can take them anyway, it wont hurt. but they probably wont ask to see them.
