Tuscany,
I am doing great, thanks for asking.
I did not say "Affidavit of Support" per se but indicated that I will include a "Letter of Support" signed by my spouse. This letter will be a standard letter saying my spouse will cover my financial costs during my stay in the US. This is not required but as I mentioned, I am the PA and am kind of in an awkward situation (on H4) although I have possible job opportunities from my education and experience once I become a LPR, but I haven't gotten to that point yet, hence, I will be submitting primarily his employment details as current source of income including my W2 for recent employment history as proof of financial stability.
That being said, I do want to point out what I said in my earlier post few days ago:
Generally they do not ask for Affidavit of support with I-485, but every individual must satisfy the IO that they will not become a public charge on the US Government (See DV instructions). You can refer to Poverty Guidelines (this guide is solely used for I-864 as Affidavit of Support to prove that you/your sponsor has income of at least 125% above Poverty Guidelines). But you can still use this as a guide to see if you need a I-864 and in case they think you will become a public charge and ask for I-864.
However, for DV, I-134 is used and NOT I-864 but it will finally depend on IO's preferences (s/he may ask specifically for I-864 IF NEEDED). USCIS will notify you if you need one (Interview Appointment letter)...or you may just have it during the interview and provide only if asked.
At one point or another, you will have to convince the IO that you will not become a public charge through your capacity of earning to support yourself/family (either through educational qualification or through employment history) or by way of submitting Affidavit of Support (see my note below).
"The relatively low DV criteria—a high school diploma or two years of experience in a job requiring two years of training, education or experience—does not automatically satisfy the public charge requirement. Documentation to overcome the public charge issue is required in addition to the evidence of education and experience.
As in any case, to determine public charge, the [immigration service] applies a totality of the circumstances approach which includes whether the alien has received public assistance, his or her age, capacity to earn a living, health, family, situation, work history, affidavits of support and physical and mental condition."
Bottom line, if you have proper educational background, job experiences, etc., you do not have to worry about it...
Many 2010 winners who were on F1 (with no solid employment) were never asked for Affidavit of Support while many who had good full-time jobs (above poverty guidelines) were asked to submit one...and for some who got one, the IO never bothered to see it during interview...so it all depends, the only thing is to be prepared to ease your AOS process as much as you can.
Poverty Guidelines:
http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
DV Instructions:
http://www.travel.state.gov/pdf/DV-2011instructions.pdf
See page 12/16 no. 32 (this also applies to those doing AOS)
Izzy,
How are you? In your cover letter posted a few days ago, you indicated that you will submit an Affidavit of support, i guess that is Form I-864 and Form I-864A; if so, if the selectee is not employed or has dependant status how do you provide proof of financial sufficiency or ability to cater for your financial needs. Simply put, Can a selectee and his/her spouse be sponsors or does it have to be an external person, if so must it be a U.S citizen/permanent resident? Am just not clear about this Affidavit of support (Form I-864 and Form I-864a). Thanks
