Affidavit of support - sponsoring more than one siblings on family 4th preference

[jefkorn]

If US Citizen sponsors wants to sponsor his married siblings (say 5 separate siblings who in turn have their own kids), how does the affidavit of support work in this case?

Will the affidavit of support need to be filed when the visa numbers become available for the familey preference (4th - F4) and beneficiaries have to go for interview at American embassy overseas?

Does the number of beneficiaries factor into the financial situation of the sponsor? Sponsoring One sibling vs 5 siblings, does the sponsor need have 5 times as much income?

As per http://www.uscis.gov/i-864, I know that sponsor must show that he can support his dependants and intending immigrants at 125% of the federal povery income guidelines but not sure how the number os benefociaries changes the equation.

Assume the beneficiaries are overseas.

 

[jefkorn]

Here's what I have been able to gather:

1. Count the members of your household
2. In addition, add any members that you are claiming on your tax returns as dependant and have not counted in step 1
3. Add members you have provided the affidavit of support for in the past (this includes primary beneficiary, spouse and any children)
4. Get the final number and check the federal poverty guidelines
5. If the income of the sponsor exceeds the 125% of the pverty guidelines for the number of members calculates at step # 4, then yes you can provide the affidavit of support

If the income of the sponsor doesn't meet the income requirements for the number of family members being sponsored, one could find someone (an LPR or USC) willing to sign the joint affidavit.

Few questions:

1. The beneficiary(intending immigrant) can also provide their assets for the purpose of demonstrating the income to support themselves. This apparently has to be a source of income that that they will continue to receive after they immigrate. Can they provide proof of cash funds available in their bank? How about proof of ownership of property in their native country?

2. What amount the beneficiary may need to show to be considered sufficient to support them after they immigrate?

Any guidance in this matter, highly appreciated. Thanks

 

[Jackolantern]

1. The beneficiary(intending immigrant) can also provide their assets for the purpose of demonstrating the income to support themselves. This apparently has to be a source of income that that they will continue to receive after they immigrate.

You're confusing assets with income. Assets are assets, and don't need to be from a source of income that will continue after they immigrate.

Can they provide proof of cash funds available in their bank? How about proof of ownership of property in their native country?

Yes and yes. But for the property, the mortgage balance and any other loans against the property will be subtracted from the appraised value.

2. What amount the beneficiary may need to show to be considered sufficient to support them after they immigrate?

Every $5 of acceptable assets makes up for $1 of income shortfall. So for example if the sponsor's income is $4000 less than the required amount, the beneficiary and sponsor combined would need 5 times $4000 = $20000 of assets to cover the shortfall. For marriage to a US citizen, the ratio is 3 to 1 instead of 5 to 1.

 

[newacct]

Will the affidavit of support need to be filed when the visa numbers become available for the familey preference (4th - F4) and beneficiaries have to go for interview at American embassy overseas?

yes

Does the number of beneficiaries factor into the financial situation of the sponsor? Sponsoring One sibling vs 5 siblings, does the sponsor need have 5 times as much income?

It depends on the relative timelines for the petitions. On the affidavit of support, you need to count as part of your household people who you've filed affidavit of support for AND have become permanent residents. However, you do not count people who are currently immigrating on a separate visa petition. That means if you are told to fill out I-864 for all 5 petitions around the same time, before any of them have successfully become permanent residents, then you do not include any of the other siblings on each I-864.

As per http://www.uscis.gov/i-864, I know that sponsor must show that he can support his dependants and intending immigrants at 125% of the federal povery income guidelines but not sure how the number os benefociaries changes the equation.

As I said above, if at the time you file the I-864, someone you've previously filed an affidavit of support for has become a permanent resident, then you must count them in your household (Part 5 #6). So in that case it would affect the equation by increasing your household size.

 

[jefkorn]

You're confusing assets with income. Assets are assets, and don't need to be from a source of income that will continue after they immigrate.

Thanks a lot for reply. Much appreciated!

Does that mean assets can be shown to be equivalent to cash. For example, if the beneficiary owns property free and clear and market value is $1000 (as an example), can that $1000 be counted towards available funds for the purpose of affidavit of support?

Every $5 of acceptable assets makes up for $1 of income shortfall. So for example if the sponsor's income is $4000 less than the required amount, the beneficiary and sponsor combined would need 5 times $4000 = $20000 of assets to cover the shortfall. For marriage to a US citizen, the ratio is 3 to 1 instead of 5 to 1.

Does that mean that the proof of financial support starts with sponsor and any shortfall is covered by either a second (or third?) joint sponsor and beneficiary in the end? For example, say the sponsor is broke but the beneficiary has all the cash you could ask for, can all of the required money come from beneficiary?

Say the income of the sponsort allows him to sponsor 5 persons and then he runs out of the income (as per the pvery guidelines)..now for the rest of the persons that he want to sponsor, can they all now provide the requisite proof of income plus assets?

 

[jefkorn]

It depends on the relative timelines for the petitions. On the affidavit of support, you need to count as part of your household people who you've filed affidavit of support for AND have become permanent residents. However, you do not count people who are currently immigrating on a separate visa petition. That means if you are told to fill out I-864 for all 5 petitions around the same time, before any of them have successfully become permanent residents, then you do not include any of the other siblings on each I-864.
As I said above, if at the time you file the I-864, someone you've previously filed an affidavit of support for has become a permanent resident, then you must count them in your household (Part 5 #6). So in that case it would affect the equation by increasing your household size.

Thanks a lot for your response. Much appreciated! This is interesting. What if the sponsor applies for I-131s for 5 siblings and doesn't provide the affidavit of support because it's not required at the time of filing I-131. It will be needed when the US consulate in the country where beneficiaries reside is informed of the I-131 approvals and visa numbers become available for them. Now at that time, all the siblings will be called in for interview. If at that time sponsor fills up the affidavit of support, he can't count anyone as part of the household for calculating the income because none of the 5 would have become permanent resident yet.

So does the sponsor count the person A into the household and provide one aff. of supp. for person A. Then provide a second aff. of supp. for person B but not counting person A because at the time of providing the aff. of supp for person B, person A most likely is not a permanent resident yet..the timelimes of all petitioned at the same time will move womehat in lockstep.

 

[Jackolantern]

Does that mean assets can be shown to be equivalent to cash. For example, if the beneficiary owns property free and clear and market value is $1000 (as an example), can that $1000 be counted towards available funds for the purpose of affidavit of support?

Yes, but with the 5 to 1 ratio applied. $1000 of assets would offset only $200 of income.

Does that mean that the proof of financial support starts with sponsor and any shortfall is covered by either a second (or third?) joint sponsor and beneficiary in the end?

If using a joint sponsor, the joint sponsor must have enough income and assets without combining with the petitioner, but may combine assets with the beneficiary.

However, household members who file I-864A are allowed to combine assets and income with the petitioner.

Note the difference: The joint sponsor(s) must file I-864 in addition to the I-864 filed by the petitioner; household members who pledge their assets/income would file I-864A, not I-864, and must meet the definition of "household member" as explained in the I-864A instructions.

For example, say the sponsor is broke but the beneficiary has all the cash you could ask for, can all of the required money come from beneficiary?

Yes. But that beneficiary's assets can only be applied towards him/herself, and cannot go towards the I-864 of other beneficiaries.

 

[newacct]

Thanks a lot for your response. Much appreciated! This is interesting. What if the sponsor applies for I-131s for 5 siblings and doesn't provide the affidavit of support because it's not required at the time of filing I-131. It will be needed when the US consulate in the country where beneficiaries reside is informed of the I-131 approvals and visa numbers become available for them. Now at that time, all the siblings will be called in for interview. If at that time sponsor fills up the affidavit of support, he can't count anyone as part of the household for calculating the income because none of the 5 would have become permanent resident yet.

So does the sponsor count the person A into the household and provide one aff. of supp. for person A. Then provide a second aff. of supp. for person B but not counting person A because at the time of providing the aff. of supp for person B, person A most likely is not a permanent resident yet..the timelimes of all petitioned at the same time will move womehat in lockstep.

I don't understand. What document would they be applying for with the I-131? Advance parole? What basis would they apply for advance parole on? Usually, advance parole is applied for for Adjustment of Status applicants (i.e. people already in the U.S.). Your siblings are not going through Adjustment of Status. They are going through consular processing.