07/23/2002   English German

  Edition # 38  
San Francisco, 07-23-2002


Affidavit of Support

Angelika And no immigrant should evolve into a burden on the American state: the "Affidavit of Support" (which can best be translated as "sworn declaration of financial support") is one of my favorite forms in our Green Card process. You may recall: I received the Green Card because I am married to Michael. Michael not only had to assure that he could support me so that I would not be a burden on the American social system, but also that he had sufficient financial means to support both of us: a highly official matter with a sworn notary.

In the third step of the Green Card process, there is also the opportunity to apply for a provisional work permit ("Employment Authorization Document") until the actual Green Card application is approved. This is because the third step typically takes a very long time, and for many applicants, the time comes when their visa and the associated work permits expire before the Green Card gets approved. This EAD card allows one to work temporarily as if they had a Green Card. The only catch is that if you use the work permit, you lose your H-1B visa status even if the visa is still valid. Therefore, we applied for the provisional work permit (for emergencies) but did not use it.

If you are in the process of "Adjustment of Status," meaning you're going from a visa holder status to a Green Card holder status, you are not allowed to leave the USA without special permission from the immigration authorities. This also applies to travels to Canada and Mexico. Therefore, it is better to apply for what is known as "Advance Parole." This can best be translated as provisional release. It is a travel document that you need to re-enter the country after traveling abroad. By the way, in America, the term "parole" is also used to refer to when a prisoner is released on probation from prison. H and L visa holders fall under an excemption. As long as the visas are still valid, entry and exit are permitted while holding them.

Not only did the immigration authority burden us with forms, but the tax authority (called the "Internal Revenue Service" in America, abbreviated as "IRS)" also insisted on participating in our Green Card process. The tax authority checks whether we dutifully paid our taxes in America and if we submitted our tax return on time. To do this, we answered questions on the "IRS Form 9003." The immigration authority then forwarded the information we provided to the IRS.

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