Retired, SSI, Self-Employed meet requirements for affidavit of suppor for I-130?

[Tiane 0]

You might have seen this in the K Visa forum but it was a posting accident on my part.

Hi, I was hoping for some advice on this for our affidavit of support concerning a spousal I-130. I am living in the USA. My husband is currently residing in and has a job in the UK that is documented to continue no matter what as long as he wants and is approved to continue the same job if he were to get approved as a permanent resident in the USA and live here. I'm under the impression that is proof enough but recently came across this at visa journey:

"The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been

living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if

they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note

that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S.

on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN

THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are

NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when

interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.)"

I believe the instructions on the form say that the spouse does not have to have lived in the US for a length of time for us to use his income. Please correct me if I am wrong.

I currently am a full-time student in college with no income apart from student loans. Neither of us have assets, he is 23 and I'm 22. My mother is retired on disability and gets social security benefits as well. My father is self-employed. Both of them make around 20,000k per year, my mom from a combination of her ssi and retirement and my father from his own business. They have agreed to co-sponsor but I am unaware on if they qualify to do so? They have another child who is currently 18 almost 19 as well. If they do, can I file joint-support for both of them as well as my husband having his own form of self-sponsorship basically. Do my parents each have to do a co-sponsor form and what would their house size be, if it's both of them and my brother(he is a dependant but does not live at home) to sponsor my fiance.

Again, if any three of them qualify as a co-sponsor, would i have any special requirements or instructions when gathering materials to fill out those forms? I would require four, right? One for myself even though I have no income. One for my husband as his job continues overseas. One for my retired parent. And the last one for my self-employed parent.

Thank you so so much in advance! Any advice is greatly appreciated.

[rjp44 1]

You might have seen this in the K Visa forum but it was a posting accident on my part.

Hi, I was hoping for some advice on this for our affidavit of support concerning a spousal I-130. I am living in the USA. My husband is currently residing in and has a job in the UK that is documented to continue no matter what as long as he wants and is approved to continue the same job if he were to get approved as a permanent resident in the USA and live here. I'm under the impression that is proof enough but recently came across this at visa journey:

"The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been

living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if

they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note

that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S.

on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN

THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are

NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when

interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.)"

I believe the instructions on the form say that the spouse does not have to have lived in the US for a length of time for us to use his income. Please correct me if I am wrong.

I currently am a full-time student in college with no income apart from student loans. Neither of us have assets, he is 23 and I'm 22. My mother is retired on disability and gets social security benefits as well. My father is self-employed. Both of them make around 20,000k per year, my mom from a combination of her ssi and retirement and my father from his own business. They have agreed to co-sponsor but I am unaware on if they qualify to do so? They have another child who is currently 18 almost 19 as well. If they do, can I file joint-support for both of them as well as my husband having his own form of self-sponsorship basically. Do my parents each have to do a co-sponsor form and what would their house size be, if it's both of them and my brother(he is a dependant but does not live at home) to sponsor my fiance.

Again, if any three of them qualify as a co-sponsor, would i have any special requirements or instructions when gathering materials to fill out those forms? I would require four, right? One for myself even though I have no income. One for my husband as his job continues overseas. One for my retired parent. And the last one for my self-employed parent.

Thank you so so much in advance! Any advice is greatly appreciated.

The quote you are citing came largely from form I-864 Instructions http://www.uscis.gov/files/form/I-864.pdf Not all the information contained in the instruction was given though. The entire paragraph reads:

Income from and intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

It seems to me that the latter part applies in your case and with proper documentation from his employer I see no problems.

If you were to need additional sponsors, Soc. Sec. retirement benefits count as income, but not SSI as that is means tested income. Self employed income is also allowed but I would use 3 yrs of transcripts (available free at www.irs.gov) as proof of income over more than one year. Assets are also allowed in lieu of income. A home is most frequently used with any mortgages on the home reducing it's amount as an asset. It sounds as if your brother is still listed as your parent's dependents, and as such would be a 3 person household. If you are also a dependent, that would make 4 people and your husband would make 5.

I hope I haven't rambled too much. Best of Luck in you journey.