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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Someone in the DCF forum quoted some text from the Affidavit of Support guide here at VJ - link

The guide contradicts the instructions on the I-864 (page 2), plus the terms 'fiance' and 'spouse' are used in a way I personally find confusing in the last part of the guide. I guess this was supposed to be a guide for fiances only - but still. I don't know enough about the situation with fiances to rewrite it, however i'm sure someone here does.

"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[/b]. 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.)"[/b]

What If I Cannot Meet the Income Requirements? (excerpt from I-864):

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently 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.

  • 3 weeks later...
Filed: K-1 Visa Country: Singapore
Timeline
Posted

Interesting. Yes the Guide above had that section for a fiance. It would be prudent to add your information for a spouse. I will update it shortly.

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