advice/opinions/suggestions needed re: affidavit of support

[mr and mrs 187]

so, i have already talked about this issue regarding the affidavit of support that we will be submitting, but ive gotten stuck/scared. i need your help to get me through this.

elmcitymaven was VERY helpful when i initially posted about this in this thread. but i cant seem to get things settled in my mind.

first, ill ask an easy question that i think i already know the answer to. what role, if any, does the UKC's money play in the affidavit of support? jamie has about £10K in a current account (or maybe its an ISA, i dont really even know what either of those things are, but i think that money is readily accessible if needed.) i was under the impression that the UKC funds didnt figure into the equation unless they had a SIGNIFICANT amount of money, as in enough money to cover them for 5 yrs. or something.

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.)

from affidavit of support tips

if anyone can demystify this variable for me, id be much obliged.

second, more complicated and it will probably take me a few tries to say what i am trying to say...

i am interested in attempting, if it is possible, to qualify as a sole sponsor. my mother is slightly more anxious about the prospect of being a co-sponsor than i had anticipated. which is fine, i could find someone else, but its simpler with my mother AND i already have 90% of her documents gathered. so, i am curious as to what you guys think my chances are to qualify on my own.

before i list my details, i will say that YES i am planning on having the co-sponsor paperwork all ready too and jamie will bring that to the interview with him in case im not good enough. : p

i dont make tons of money. i work at a garden center as a long-term seasonal. this means i work 10 months a year, but i do not have a regular position. no benefits, no sick days, all that fun stuff. but i do really like my job and for me thats really important. and i can bike to work, which is also important to me. i have been working there for just over three years (got the job when i returned to the states following a year in the UK.) i work pretty much full-time (40ish hrs/week) from april to october, a bit less in the slow times of year. i have good references from work and a letter of employment. for the past three years, according to my w-2's, i hovered just below the 125% of the poverty level mark. (had i known, which i should have, i would have fought for just a few more hours to get me up and over. but instead, i went to see the yankee's play one of the last games at yankee stadium. dammit.)

2006 $16,448 (2007 125% $17,113) have tax transcript

2007 $16,934 (2008 125% $17,500) have tax transcript

2008 $17,698 (2009 125% $18,212) have tax return

so i guess im about $500 short each time. i dont know if that there rules me out, but thats the salary piece.

i do have some money in the bank. $3000 in checking and $3000 in savings. have bank statements to this effect.

i have a Roth IRA that has $1500. can get a statement that certifies this

my personal property probably can be valued at $2000-$3000. estimated

i am wondering what people think about my chances. if it may not work, i need to prepare myself not to be disappointed (i dont deal well with feeling disappointment.)

and do you think i should include a letter of explanation about my employment situation to try to make it clearer to the CO?

many thanks in advance. any sort of feedback would be graciously welcomed.

Edited March 26, 2009 by mr and mrs

[Nich-Nick 3,354]

This is the basics of what you need as I understand it. Forget the previous years. The goal is the currently published 2009 poverty levels. The previous tax returns are just to show a stability of employment and income, but they are not required unless you want to show them to help out your case.

For family of two:

125% Poverty Guideline.......... $18,212 (2009)

Sponsor’s Income....................$17,698

Difference.............................. $514 (lacking)

Multiply what you lack by 3...... X 3

Minimum Required Net

Value of Assets........................$1542

So you must show cash savings of at least $1542. I believe for a K1 the asset multiplier is 3. For AOS it is

(income/salary lacking) x 5 = assets required.

So even if you use x5, you only need to show assets of $2570

It's a judgement thing for the officer whether he thinks you can support the beneficiary, but your income and employment look stable and you have saved money. It would be best for you to show your assets with a letter on bank stationary of how long you've had the account and your average balance for the last 12 months. It's kind of a pain to get, especially from a large banking organization. I think the reasoning behind this is they would be able to tell it is your money, saved over a period of time. What would raise a red flag is if all year you had $300 average balance, then on April 1, 2009 you deposited $20,000. It might look like somebody was paying you to get them a visa and green card. Do you follow this thought??

Now on to Mom. I've read many times that the I-134 is not a legally enforceable contract. There is citation of which US states have already ruled that it can't be enforced if that makes her feel better. She's making a statement of support for the alien, but can't be sued to pay if he goes on public assistance. The I-864 for AOS is legally binding.

And a thing Mom might not be saying, but that may be bothering her is divulging all her financial information and Social Security number to a foreigner that she doesn't know that well. It is documented that she can mail her I-134 and supporting documents directly to the Embassy to retain her privacy. She would include both your names, birthdates and case number so her documents match up with your file. Mention that to her as an option..."Mom, would you rather send your things to the Embassy to keep them private?" Then she doesn't have to hurt your feelings by saying, "I don't want him to have copies of all my stuff." Maybe that will ease her mind and diffuse any hurt feelings if that's a little bit of her reluctance. Another variation on that is what a poster called Thai Family did. All the co-sponsor things were sealed in an envelope marked "to be opened by consulate offical only." The plan was to have that as a backup incase the son's income wasn't accepted.

Ok, I'm going to bed now so we'll resume class in the morning if you have more questions. Sorry I don't have time to ease your fears, but in brief....it's gonna be fine....he will get a visa....

And I'm not going to proofread this so forgive all mistakes in grammer, speeling, etc. hahahaha

[mr and mrs 187]

big brainy comforting answer

havent even read this but THANK YOU. just feeling like i have support, helps me enormously. ill read digest and then probably have 14 questions.

thanks, lady. <3

[mr and mrs 187]

This is the basics of what you need as I understand it. Forget the previous years. The goal is the currently published 2009 poverty levels. The previous tax returns are just to show a stability of employment and income, but they are not required unless you want to show them to help out your case.

im not really certain if my previous years' tax information is going to help or hinder. i suppose it really will just lend itself to supporting the stability of my employment. so i should probably volunteer it.

For family of two:

125% Poverty Guideline.......... $18,212 (2009)

Sponsor’s Income....................$17,698

Difference.............................. $514 (lacking)

Multiply what you lack by 3......

X 3

Minimum Required Net

Value of Assets........................$1542

So you must show cash savings of at least $1542. I believe for a K1 the asset multiplier is 3. For

AOS

it is

(income/salary lacking) x 5 = assets required.

So even if you use x5, you only need to show assets of $2570

mathS. great. okay. thats pretty much what elmcitymaven said, so that part makes sense. and it's encouraging too.

It's a judgement thing for the officer whether he thinks you can support the beneficiary, but your income and employment look stable and you have saved money. It would be best for you to show your assets with a letter on bank stationary of how long you've had the account and your average balance for the last 12 months. It's kind of a pain to get, especially from a large banking organization. I think the reasoning behind this is they would be able to tell it is your money, saved over a period of time. What would raise a red flag is if all year you had $300 average balance, then on April 1, 2009 you deposited $20,000. It might look like somebody was paying you to get them a visa and green card. Do you follow this thought??

one of the many joys of living here in vermont. we dont really have any huge banks. although my bank is owned by TD Banknorth, i dont seem to get that big bank feel when im there. i walked into my local branch a week or two ago and was able to sit and chat with a nice gal who was more than happy to help me. (i tried to be cute and charm her by showing her a photo of jamie. : ) awww.) she also happily re-did it when i decided that it wasnt quite right. and hopefully she'll just crank out another, because i am realizing that she only confirmed the checking account but not the savings account. (i wasnt being as stringent when i was going for the co-sponsor route, but if im trying for sole sponsorship, ill be more meticulous.

Now on to Mom. I've read many times that the I-134 is not a legally enforceable contract. There is citation of which US states have already ruled that it can't be enforced if that makes her feel better. She's making a statement of support for the alien, but can't be sued to pay if he goes on public assistance. The I-864 for

AOS

is legally binding.

And a thing Mom might not be saying, but that may be bothering her is divulging all her financial information and Social Security number to a foreigner that she doesn't know that well. It is documented that she can mail her I-134 and supporting documents directly to the Embassy to retain her privacy. She would include both your names, birthdates and case number so her documents match up with your file. Mention that to her as an option..."Mom, would you rather send your things to the Embassy to keep them private?" Then she doesn't have to hurt your feelings by saying, "I don't want him to have copies of all my stuff." Maybe that will ease her mind and diffuse any hurt feelings if that's a little bit of her reluctance. Another variation on that is what a poster called Thai Family did. All the co-sponsor things were sealed in an envelope marked "to be opened by consulate offical only." The plan was to have that as a backup incase the son's income wasn't accepted.

i cant quite figure out why she is balking a little bit. i think this is overwhelming, especially if you are not fully informed about the process. i probably scared her with all the talk of the possible fall out. but im going to prepare myself for her NOT being able to do it. we will see, we still have time. i would be happier to be the sole sponsor, so ill keep my fingers crossed.

Ok, I'm going to bed now so we'll resume class in the morning if you have more questions.

Sorry I don't have time to ease your fears, but in brief....it's gonna be fine....he will get a visa....

And I'm not going to proofread this so forgive all mistakes in grammer, speeling, etc.

hahahaha

he will get the visa, yes. yes. i just have massive (lisabette? are we exaggerating a bit? they feel massive sometimes) anxiety issues and need to be as prepared for all possibilities so i can prep for anything.

im suddenly really sleepy, so off to bed for me too.

thanks again. and thanks much.

-lisabette.

[Boiler 45,467]

I self sponsored, did not need as much as your SO has, check what the current number is with the Consulate.

[Boiler 45,467]

I self sponsored, did not need as much as your SO has, check what the current number is with the Consulate.

[mr and mrs 187]

first

, ill ask an easy question that i think i already know the answer to.

what role, if any, does the UKC's money play in the affidavit of support?

jamie has about £10K in a current account (or maybe its an ISA, i dont really even know what either of those things are, but i think that money is readily accessible if needed.) i was under the impression that the UKC funds didnt figure into the equation unless they had a SIGNIFICANT amount of money, as in enough money to cover them for 5 yrs. or something.

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.)

from affidavit of support tips

if anyone can demystify this variable for me, id be much obliged.

anyone have a comment about this? i just need to know so i can tell jamie (with VJ authority) how his savings that he has worked hard for will influence the affidavit of support. i think he wants to feel part of supporting himself and standing on his own two feet. (hes such a good boy.)

i have a Roth IRA that has $1500.

can get a statement that certifies this

is this essentially just another bank account? i am not clear on how available this money is.

my personal property probably can be valued at $2000-$3000.

estimated

is this going to factor in at all? or will i be relying on bank statements, tax information, and a letter of employment instead?

and do you think i should include a letter of explanation about my employment situation to try to make it clearer to the CO?

does anyone think this would be a good idea? or will they just ignore it?

that's 5 new questions (or at least question marks. i have 9 left.)

[Boiler 45,467]

a) He self sponsors

OR

B) You get your mother to co-sponsor, if needed.

Edited March 26, 2009 by Boiler

[mr and mrs 187]

a) He self sponsors

OR

B) You get your mother to co-sponsor, if needed.

i didnt think this was an option. he doesnt have an offer of employment here and has only £10,000 in a (UK) HBSC account. i think he falls far short, but only financially and only in the eyes of the government, because im of the opinion than that he is a gem!

i might have been unclear the in original post. thank you for your comments!

[Boiler 45,467]

Please read my first post.

[mr and mrs 187]

Please read my first post.

seriously? i dont see how that is possible (for our case) after reading the excerpted tips from vj i posted above, which i dont take as gospel, but seem to generally ring true.

im kinda dumbstruck.

[Nik+Heather 121]

i have a Roth IRA that has $1500.

can get a statement that certifies this

is this essentially just another bank account? i am not clear on how available this money is.

my personal property probably can be valued at $2000-$3000.

estimated

is this going to factor in at all? or will i be relying on bank statements, tax information, and a letter of employment instead?

I would not count Roth IRA as "readily changed into cash" There are some conditions that need to be met to withdraw money from these sorts of tax sheltered retirement accounts. I'm a little less shaky on the 401k stuff, but both are just really not things you want to put up as "cash". You need to prove some sort of hardship, and pay it back again. On the other hand, they did look at my IRA balance when I applied for the loan for my house so maybe it also applies here. It may just prove that you are living below your means, which isn't included in the poverty guidelines, so I'm not sure that it would help you make your case.

I would only count personal property which you would be willing to convert into cash. So, I would not count my engagement ring...Actually, I can't think of anything that I would count. Seems like DVDs or record collections, video games do not have a reliable and widely recognized re-sale/used value. A car you don't want/need or another high dollar "toy" sort of thing besides electronics (which quickly depreciate!) might count (Also, there are widely published consumer price indexes like Kelly Blue Book to support your claim). I wouldn't sell my car if I got strapped for cash, so I wouldn't count it as something I might cash in.

Is this helpful?

[mr and mrs 187]

Is this helpful?

yes and yes!

i will bring some sort of statement about the Roth IRA but not count on it being very meaningful to the CO, since it seems that i might have enough in regular old savings anc checking accts. and as for personal property, i dont have much of anything that would fetch much and probably isnt considered to be 'easily convertible to cash'. i like reclaimed stuff and recycled things. : ) so i may skip that all together.

thank you. very helpful to have another person chime in with some advice.

[Boiler 45,467]

Please read my first post.

seriously? i dont see how that is possible (for our case) after reading the excerpted tips from vj i posted above, which i dont take as gospel, but seem to generally ring true.

im kinda dumbstruck.

I did it.

I am not the only one who did.

I believe they look for enough to cover the 90 days. 10k GBP would be 2 or 3 times that, but I do not know the current figure.

[mr and mrs 187]

I did it.

I am not the only one who did.

I believe they look for enough to cover the 90 days. 10k GBP would be 2 or 3 times that, but I do not know the current figure.

well then. im gonna find that figure! i will report back.

thx.