I- 864 Affidavit of Support

[TomD 4]

I have a question concerning having a job or steady income. I have not worked in 2 yrs by choice and will be getting SS in 2 yrs. I have been living on my savings and have moneys in a retirement account and also own 2 homes that are both paid for. I just read this in the Guides under Affidavit of Support

"If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a

co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income and not just the assets."

Is it true that regardless of my ability to support myself & my wife without a job that My not having a job will stop my being able to get my wife here with out a co-sponsor? I know this may not be typical but this is my situation. The other thing I was wondering is why would the USCIS be looking at income I though we were dealing with the NVC at this stage of the game. Not that that matters much.

Edited April 23, 2010 by TomD

[TomD 4]

I have a question concerning having a job or steady income. I have not worked in 2 yrs by choice and will be getting SS in 2 yrs. I have been living on my savings and have moneys in a retirement account and also own 2 homes that are both paid for. I just read this in the Guides under Affidavit of Support

"If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a

co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income and not just the assets."

Is it true that regardless of my ability to support myself & my wife without a job that My not having a job will stop my being able to get my wife here with out a co-sponsor? I know this may not be typical but this is my situation. The other thing I was wondering is why would the USCIS be looking at income I though we were dealing with the NVC at this stage of the game. Not that that matters much.

I looked at the I-864 P form which establishes the poverty level for the lower 48 at 18,212. If I follow what the information posted on the USCIS which states

"You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).".

Okay $18,212 X 5 = $91,060 so that amount would in my mind be the amount needed to show ability to support. I would be able to easily show this so do I need to worry? Has anyone had any experience or knowledge with this kind of situation?

Edited April 23, 2010 by TomD

[pushbrk 13,188]

I looked at the I-864 P form which establishes the poverty level for the lower 48 at 18,212. If I follow what the information posted on the USCIS which states

"You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).".

Okay $18,212 X 5 = $91,060 so that amount would in my mind be the amount needed to show ability to support. I would be able to easily show this so do I need to worry? Has anyone had any experience or knowledge with this kind of situation?

For the spouse of a US Citizen the ratio is 3 to 1, not 5 to 1 but otherwise the above is correct. Start by actually reading the I-864 instructions carefully and completely. They are excellent.

[TomD 4]

For the spouse of a US Citizen the ratio is 3 to 1, not 5 to 1 but otherwise the above is correct. Start by actually reading the I-864 instructions carefully and completely. They are excellent.

Thank you. However I did read them and I am the USC, not the spouse of one. FYI

I got this information directly from the the I-864 instruction page of the I-864 form and it reads as follows:

"Example of How to Use Assets: If you are petitioning for aparent and the poverty line for your household size is $22,062and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets,plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigant,would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000."

The earlier statement I got off of the VJ guide link titled "Affidavit of Support Tips". So what am I missing? Are there other instructions to read that conflict with this? I know that I qualify if the above formulas are adhered to but I also think these NVC agent use subjective thinking at times to make their determination or recommendations. That is what concerns me.

My real question was can I be an approved sponsor if I dont have a job and I am relying on my savings and investments to support myself and my spouse? I know I have sufficient assets about the poverty limits identified but government institutions do not give me great comfort levels in good reasoning ability. I am guessing most people are employed and do not show assets as their primary means of support. Have any members followed my path and been approved as sponsor? Or am I treading on shaky ground.

Thanks again for the help.

[pushbrk 13,188]

Thank you. However I did read them and I am the USC, not the spouse of one. FYI

I got this information directly from the the I-864 instruction page of the I-864 form and it reads as follows:

"Example of How to Use Assets: If you are petitioning for aparent and the poverty line for your household size is $22,062and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets,plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigant,would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000."

The earlier statement I got off of the VJ guide link titled "Affidavit of Support Tips". So what am I missing? Are there other instructions to read that conflict with this? I know that I qualify if the above formulas are adhered to but I also think these NVC agent use subjective thinking at times to make their determination or recommendations. That is what concerns me.

My real question was can I be an approved sponsor if I dont have a job and I am relying on my savings and investments to support myself and my spouse? I know I have sufficient assets about the poverty limits identified but government institutions do not give me great comfort levels in good reasoning ability. I am guessing most people are employed and do not show assets as their primary means of support. Have any members followed my path and been approved as sponsor? Or am I treading on shaky ground.

Thanks again for the help.

Note the words, "If you are petitioning for a parent..." in the quoted portion of the instructions. I don't recall off hand exactly where you'll see confirmation that the ratio is 3 to 1 for spouse. You are a USC sponsoring YOUR spouse.

Yes, you can qualify on assets alone or passive income plus assets as the case may be. They'll consider your liquid assets as described in the instructions, so not the house you live in or the car you drive. So, take the income from line 22 of your 2009 tax return and state that as your current income (even if zero) then list your assets. Be sure to document them with statements of investment accounts, bank accounts etc. If you clearly qualify without listing real estate, I'd leave it out unless you also want to document its value and encumbrance.

[Darnell 8,479]

parent and spouse computations are different.

for parent - yup - 1/5

for spouse - it's 1/3.

I know it's not that clear, many ppl get muddled about that. No worries, happens a bit.

BUT -

you might want to check in with a CPA, after you get the NOA-2, and have a CPA prepare an 'audited income and asset statement', covering the last 3 years, and include that with the I-864. Most VO's don't have time to adequately review the I-864 - they are looking for specific blocks on the form, and have to be 'bumped' into reviewing other data.

The 'audited income and asset statement' is such a bump. Prepare to pay about 2 hours of billable time with a CPA.

IMO - you're gonna have this disparity between 'prior income' and 'ability to support your spouse' and you have to DO something to show that ability, with your assets.

GOOD LUCK !

[muskan4eva 0]

is there a letter format here somewhere to show that i wasn't making enough money in last 3 yrs. lolz since there's a letter format for everything on visa journey so i thought we might have something for this as well.

[pushbrk 13,188]

is there a letter format here somewhere to show that i wasn't making enough money in last 3 yrs. lolz since there's a letter format for everything on visa journey so i thought we might have something for this as well.

A completed I-864 will show your income for the past three years. I don't understand either the problem or the question. Please start a new thread for questions instead of hijacking another.