affidavit of support, please advise!!!!

[candyattitude]

hi!
i haven't started my GC process yet, i'm getting married to a USC next month and i'm F1 right now (on OPT). He is also a student working part-time. The thing is he doesn't make enough to surpass the 125% requirement and we have no relatives here. We're both supported by our families who are abroad. what i wanted to know is:

what do i do about the affidavit of support? do i get a letter from my parents bank to say that they have the sufficient funds in their account? should they in addition get an affidavit to say that they are supporting me (as they are my parents) or do i get them to transfer the sufficient funds to my account here? and if they transfer it now will it be ok when i send the papers next month (as it has not been in my account for a year). does the assets have to be in the USA?
i've also been living with my (soon to be) husband for about 1 year now.

if anyone has any advise at all...pleeease help me out. i've been going crazy trying to figure out what i can do about the affidavit of support. Thanks in advance for reading this and helping out.

 

[spykedvodka]

What I'd do is what my wife and I did. Get a co-sponser if you can (a Pastor was ready for ours). We were short by about $3,000 at the time to make the 125% over poverty. The immigration official looked at my previous tax return and said "what's up with this?" I told him the truth. We were living in Mexico up until she got approved to come here to get married. So I was only able to work in the states for 7 months the previous year. Plus my wife was pregnant at the time so she didn't apply for her work permit because she was basically on bed rest.

The immigration official said that was good enough reason and stamped the passport. Immigration officials to me seem like assholes sometimes because they are overworked at a stressful job but when it comes down to it, they are human and can understand circumstances like that. Basically we just didn't have the chance to make the required income. He approved us without the joint sponser.

My original application got mailed back to me stating that I needed to refile it at the hearing because it was invalid.

 

[ari4u]

hi!
i haven't started my GC process yet, i'm getting married to a USC next month and i'm F1 right now (on OPT). He is also a student working part-time. The thing is he doesn't make enough to surpass the 125% requirement and we have no relatives here. We're both supported by our families who are abroad. what i wanted to know is:

what do i do about the affidavit of support? do i get a letter from my parents bank to say that they have the sufficient funds in their account? should they in addition get an affidavit to say that they are supporting me (as they are my parents) or do i get them to transfer the sufficient funds to my account here? and if they transfer it now will it be ok when i send the papers next month (as it has not been in my account for a year). does the assets have to be in the USA?
i've also been living with my (soon to be) husband for about 1 year now.

if anyone has any advise at all...pleeease help me out. i've been going crazy trying to figure out what i can do about the affidavit of support. Thanks in advance for reading this and helping out.

1. If you can meet/exceed the 125% income requirement when you combine your income and your husband's, that would be sufficient for your application. While your husband files the I-864, you file the I-864A to include your income. You are eligible to file I-864A as you have been staying together for more than 6 months at the same address.

OR

2. You can get a joint sponsor here in the US, and that would help your case a lot. A joint sponsor does not necessarily have to be a relative, it could be anyone who meets the requirements as mentioned on the instructions of the I-864. Your parents cannot help you sponsor as they do not meet the domicile requirements and i assume they are not US citizens.

OR

3. You can show assets as mentioned in the I-864. You need to only show assets that can be readily converted into cash within the next one year. Also, if you plan to show cash savings, read instructions to see what the equation is.

Again, read instructions on the I-864 and search around this forum. There have been quite a lot of useful advises in the past for these situations.

Good Luck.

 

[Suzy977]

3. You can show assets as mentioned in the I-864. You need to only show assets that can be readily converted into cash within the next one year. Also, if you plan to show cash savings, read instructions to see what the equation is.

Good Luck.

The qualifying assets should be 5 times the amount resulted from the deduction of your income from the 125% poverty line...

the 125% of poverty line is $16,500 for 2 people.
5 x ($82,500-your income)=Assets cash value.

 

[Allenbiz]

Form I-864 related question

Question:
A friend of mine, an American citizen, is disabled and living under government support-public charge. He married a lady who is now living in the USA under B-1 visa and wants to apply Green Card for his wife. He has no relative or any other friend who is able to become a joint-sponsor to sign the form1-864. What should he do with the form as being requested?

 

[austriacus]

1. If you can meet/exceed the 125% income requirement when you combine your income and your husband's, that would be sufficient for your application. While your husband files the I-864, you file the I-864A to include your income. You are eligible to file I-864A as you have been staying together for more than 6 months at the same address.

No I-864A required for including the income of the intending immigrant spouse.

The qualifying assets should be 5 times the amount resulted from the deduction of your income from the 125% poverty line...

the 125% of poverty line is $16,500 for 2 people.
5 x ($82,500-your income)=Assets cash value.

It's 3x for a sponsored spouse.

 

[austriacus]

From the Department of State I-864 FAQ:

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under these conditions:

* The assets must be readily convertible to cash within 12 months
* The applicant must show that he/she can take the money or assets out of the country where they are located. Many countries have strict regulations which limit the amount of cash or liquid assets that can be taken out of the country
* The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.

I'm not sure if the 5x difference here is specific to foreign assets, or if this is just a general statement (for US assets, you need 3x difference for sponsoring a spouse).

 

[austriacus]

Question:
A friend of mine, an American citizen, is disabled and living under government support-public charge. He married a lady who is now living in the USA under B-1 visa and wants to apply Green Card for his wife. He has no relative or any other friend who is able to become a joint-sponsor to sign the form1-864. What should he do with the form as being requested?

Find a joint sponsor. He cannot sponsor someone for a green card without being able to provide the required financial support for the intending immigrant.