Affidavit of Support Questions re. part-time job

[Angela & Paul 12]

A few questions on the affidavit of support, some specific to our case:

1) Am I right that the affidavit of support is to be presented at the interview only? It needs not to be mailed to the Consulate, but only to the foreign fiancee, correct (or brought in person by the US fiance at the interview)?

2) How old can the information be? For ex. should the letter from the current employer be just a couple weeks old, or can it be dated from around the time the NOA2 is granted, which can be 3 months before interview? i.e. how soon can we start the process?

3) Does the income level to meet poverty guidelines include only employment income, or can it include interest income from investments? How about unemployment benefits? i.e. on a 1040A form, do they look at Adjusted Gross Income (which includes everything) or just wages , or wages and interest and dividends?

4) If you have many assets, yet a part-time low-paying job - my current situation - is it really critical to have a sponsor if the income was just below poverty level for last year?

I have not looked for a permanent position and will not until my fiancee is with me in the US. I make too many trips to be with her that no company would think of hiring me knowing I am away 2 to 4 weeks every 3 months! And I am putting her first and foremost, even before a job.

5) How about foreign assets? Would they be interested in that? I own real estate in France but wonder if it would matter to them.

Anyway, I do not meet the "full-time" job requirement, I did not meet the "125% poverty level" for 2007 (was way over in 2006 and the years before), yet I have many assets. Do they go "by the book" or really look at the big picture? If the latter, I have no reasons to worry because my assets are way above 5 times the difference between the annual income and the needed 125% of the poverty level.

Sorry if these questions have been answered before, but it's always good to rehash. Thank you all for your help.

[lostinblue 1,989]

http://www.visajourney.com/forums/index.ph...mp;page=support

She can bring this information to the interview.

It is helpfull to have as close to the interview as possible maybe you would get a RFE request for further evidence and your case would be held up before visa issuance.

Line 22 on your 1040 is what is looked at.

http://candleforlove.com/forums/index.php?showtopic=19231

This link is mentioned above as some consulates are tougher than others in the income requirement.

You can use assets. Anything that can be turned into cash within a years period of time. This would include cash value in your 401-K.

As far as unemployment benefits. ........

Discretion can discount the I-864

The interim rule, at 8 CFR 213a.2?2)(v), provided that a Department of State officer, immigration officer, or immigration judge may find an affidavit of support to be insufficient, even if the sponsor's income meets the income threshold, if the officer finds that it is unlikely that the sponsor will be able to maintain that income.

It is not enough that the sponsor has sufficient income. Section 213A(f)(1)(E) of the Act clearly specifies that the sponsor must demonstrate that he or she can maintain that income.

The final rule does specify, however, that, if the sponsor satisfies all other requirements of section 213A of the Act, a sufficient income will ordinarily make the affidavit of support sufficient, unless, on the basis of the specific facts of a given case, the deciding officer finds that the sponsor has not demonstrated his or her ability to maintain that income over time.

In most cases, the affidavit of support will carry the greatest weight. In a particular case, however, there may be specific facts about the intending immigrant's situation, under the factors specified in section 212(a)(4)( B ) of the Act--the alien's age, health, family status, assets, resources and financial status, education and skills--that warrant a finding that the intending immigrant remains inadmissible on public charge grounds, even if the affidavit of support meets the requirements of section 213A of the Act.

Most people would advise a co-sponser to be on the safe side.

[Abby-Ron 8]

Get a co-sponsor if you dont meet last years 125% poverty line. Thats the bottom line. They actually view the past three years and heavily on the current/past year if you are making enough of at least 125% poverty line. You can have many properties all over the world, but realistically, are you willing to sell those properties to support your wife and support yourself to live? USCIS wants to see that you are bringing in a monthly income, and that is what they are really after. An employment letter is just secondary evidence that you currently work and have a stable job. This is not a mandatory evidence which USCIS requires, people here just suggest to send one. which basically just contains current salary and length of employment at your said work.

Edited August 19, 2008 by Abby-Ron

[edmagenta5 0]

Hi, can anyone help me, I just need to know about the Afidavit of Support i'm filing for my husband, when should i file it? I just received the approval NOA2 this August6...Should i file it before his upcoming interview of he just needs to show it during the interview? Will there be a problem if i'm just starting to work right , I won't be able to file tax returns because I just finished college this May. I will just start work this month.. Is the interview subjected to denial if I just started working right now?...Is it okey if I have co-sponsors to file the Affidavit of support to make sure?Could he answer the interview by saying that we are both engineers and will be making a reasonable salary..??

A few questions on the affidavit of support, some specific to our case:

1) Am I right that the affidavit of support is to be presented at the interview only? It needs not to be mailed to the Consulate, but only to the foreign fiancee, correct (or brought in person by the US fiance at the interview)?

2) How old can the information be? For ex. should the letter from the current employer be just a couple weeks old, or can it be dated from around the time the NOA2 is granted, which can be 3 months before interview? i.e. how soon can we start the process?

3) Does the income level to meet poverty guidelines include only employment income, or can it include interest income from investments? How about unemployment benefits? i.e. on a 1040A form, do they look at Adjusted Gross Income (which includes everything) or just wages , or wages and interest and dividends?

4) If you have many assets, yet a part-time low-paying job - my current situation - is it really critical to have a sponsor if the income was just below poverty level for last year?

I have not looked for a permanent position and will not until my fiancee is with me in the US. I make too many trips to be with her that no company would think of hiring me knowing I am away 2 to 4 weeks every 3 months! And I am putting her first and foremost, even before a job.

5) How about foreign assets? Would they be interested in that? I own real estate in France but wonder if it would matter to them.

Anyway, I do not meet the "full-time" job requirement, I did not meet the "125% poverty level" for 2007 (was way over in 2006 and the years before), yet I have many assets. Do they go "by the book" or really look at the big picture? If the latter, I have no reasons to worry because my assets are way above 5 times the difference between the annual income and the needed 125% of the poverty level.

Sorry if these questions have been answered before, but it's always good to rehash. Thank you all for your help.

[Abby-Ron 8]

Show your I-134 (Affidavit of Support) along with your current paystub, and past w2s/1040s for the past 3 years (if possilbe) to back up your salary of 125% of the poverty line, when you have your interview at the US Embassy in Manila. Without at least 1 year of work salary proven, you will need a co-sponsor and proven that your fiance will not live off government money when he/she arrives in the US.

[USbride 0]

Show your I-134 (Affidavit of Support) along with your current paystub, and past w2s/1040s for the past 3 years (if possilbe) to back up your salary of 125% of the poverty line, when you have your interview at the US Embassy in Manila. Without at least 1 year of work salary proven, you will need a co-sponsor and proven that your fiance will not live off government money when he/she arrives in the US.

You say without at least 1 year of work salary proven you will need a co-sponsor. I was in the military for the past 6 years achieving above the 125% poverty line, however since getting out of the military in April, I have not had a job. I hope to get a job soon which will put me with at least 4 months at my job when he has his interview, and I will again be above the 125% for this year (hopefully). Do I still need to have a co-sponsor since I was unemployeed for at least 5 months this year and have not been at my new job for long?