Affidavit of Support- Special Circumstances

[dirk43 0]

Hi,

Thanks for reading my post and I am most grateful to all who reply with help and suggestions.

My questions is in regards to the Affidavit of Support income requirements as I am currently residing in Thailand with my Fiancé for whom I have already submitted an I129-f K1 petition.

I am not clear as how assets count as meeting the support requirements as I currently have no job/income. I have substantial savings in cash/stocks of about $175k at the moment which by my calculations would clearly meet the support requirements alone since my Fiancé has no children.

I currently have no debt/mortgage, do not own a home, and the savings I have established were from working as a contractor in Iraq for a little over 2 years. My credit report is clean except for a $57 unpaid doctor bill (I paid it).

I can show income (from tax returns) of about 99k for 2009, 140k for 2010, and about 40-60k for 2011 when I quit my job (hey, we can't be in Iraq forever).

My parents have even sent a notarized letter stating we can stay at their home rent free for as long as we wish.

Has anyone been successful qualifying solely on assets (especially in Thailand) without having active employment? Also, can I count stock dividends as income?

Everything else is pretty case closed as I have been living with her in Thailand over 6 months, have proof of trips to Bali and around Thailand over the past year and 3 months, and have only a year age difference.

Any thoughts/suggestions/comments/questions?

Again, thank you for any info you can provide!

[Penguin_ie 5,992]

We did assets only (in Ireland). With assets, it is good to be well over the qualifying amount, which you would be with yours. Assuming the assets are US based, and considering you seem to have excellent employment prospects once you return to the US, you should be fine.

[Ning 619]

Hi,

Thanks for reading my post and I am most grateful to all who reply with help and suggestions.

My questions is in regards to the Affidavit of Support income requirements as I am currently residing in Thailand with my Fiancé for whom I have already submitted an I129-f K1 petition.

I am not clear as how assets count as meeting the support requirements as I currently have no job/income. I have substantial savings in cash/stocks of about $175k at the moment which by my calculations would clearly meet the support requirements alone since my Fiancé has no children.

I currently have no debt/mortgage, do not own a home, and the savings I have established were from working as a contractor in Iraq for a little over 2 years. My credit report is clean except for a $57 unpaid doctor bill (I paid it).

I can show income (from tax returns) of about 99k for 2009, 140k for 2010, and about 40-60k for 2011 when I quit my job (hey, we can't be in Iraq forever).

My parents have even sent a notarized letter stating we can stay at their home rent free for as long as we wish.

Has anyone been successful qualifying solely on assets (especially in Thailand) without having active employment? Also, can I count stock dividends as income?

Everything else is pretty case closed as I have been living with her in Thailand over 6 months, have proof of trips to Bali and around Thailand over the past year and 3 months, and have only a year age difference.

Any thoughts/suggestions/comments/questions?

Again, thank you for any info you can provide!

I agree with Penguin. But I would add it may be a good idea to write a letter expressing your immediate plans for support. Meaning X amount of cash set aside to cover the time until you have found work. In doing that you can also explain that you will file the AOS which includes the 864 & the ability to use a co sponsor. This gives the govt assurance that she wont need U S govt assistance. Remember she is inteviewed alone & may not be able to explain anything about your lack of income, future income, ect.

Your case will hinge on support & nothing else because of your unique situation.

[dirk43 0]

I agree with Penguin. But I would add it may be a good idea to write a letter expressing your immediate plans for support. Meaning X amount of cash set aside to cover the time until you have found work. In doing that you can also explain that you will file the AOS which includes the 864 & the ability to use a co sponsor. This gives the govt assurance that she wont need U S govt assistance. Remember she is inteviewed alone & may not be able to explain anything about your lack of income, future income, ect.

Your case will hinge on support & nothing else because of your unique situation.

Thanks for the reply. So are you stating that I should initially file the AOS without a sponsor and simply point out in the letter that we have X amount of cash and that at the time of filing the 864 I would be able to use a sponsor if needed?

Thanks!

[Ning 619]

Thanks for the reply. So are you stating that I should initially file the AOS without a sponsor and simply point out in the letter that we have X amount of cash and that at the time of filing the 864 I would be able to use a sponsor if needed?

Thanks!

BKK does not accept co sponsors for K 1 cases most of the time. You will supply the 134 form as to support. You asked about success based on your assets. You have enough but if they question that she will not be able to answer & you will not be there to do so. The intention of the letter is to express what you plan to do & that you understand USCIS will be reviewing the situation as part of the future AOS ( adjustment of status ). In doing that if you for example didnt have a job or had low income you could use a co sponsor. This should serve to inform them that she will not ever need govt assistance which is what the whole support aspect is about.

[dirk43 0]

Thank you for the advice Penguin and Ning, it went exactly like you said it would. I did all the paperwork myself and when my fiancee went to the interview the question of support came up. I had already sent the Bangkok embassy all of the info but they wanted more documents. The night before the interview I made a NEW affidavit of support basically showing the exact same things as I sent before and they accepted it and the visa was approved. It was funny that they would reject my first affidavit of support because the original was only 11 days old because I mailed packet 3 on the 30th of May and the interview was on the 9th of April.

FYI for anyone who stumbles upon this and has a similar situation, for the affidavit of support I sent-

1. A letter that described in detail why I was unemployed and what industries I have experience in for when I get a job back in the USA.

2. 2012 Tax return (with w2), 2011 and 2010 official Tax Transcripts sent from the IRS

3. A copy of my credit report and score

4. Letter of recommendation from my last employer

5. A copy of my most current bank statements

6. A copy of my vehicle registration and printout of Kelly Blue Book value

7. A notarized statement from my parents stating we could live with them without charge

Thats about it so I guess if anyone else is filing solely on assets, make sure you have the most current documents available at the interview.

Thanks again for the help.