Affidavit of Support

[Catbones 0]

Hi Everyone,

Had a question and situation possibly. If my fiancee is currently on disabilities because of her pregnancy and after we get married, and the twins are born she has no means of going back to work, what are our options in regards to providing USCIS with the I-864 affidavit of support during the AOS?? anyone with tips?? she can have her both parents do a co-sponsorship, she has a house, we both have trucks, etc... however our house hold with the new twins will be 5 people all together, now what would the poverty level thing be?

Now I'm moving down here with running my business just like I did in Canada, should I let them know about that and what my income in Canada was? I know USCIS worries about me being public charge, but I have a running business in Canada which I will be bring here and which deals with US clients only anyways.

Any suggestions??? greatly appreciated.

[KittyPollitt 284]

Hi Everyone,

Had a question and situation possibly. If my fiancee is currently on disabilities because of her pregnancy and after we get married, and the twins are born she has no means of going back to work, what are our options in regards to providing USCIS with the I-864 affidavit of support during the AOS?? anyone with tips?? she can have her both parents do a co-sponsorship, she has a house, we both have trucks, etc... however our house hold with the new twins will be 5 people all together, now what would the poverty level thing be?

Now I'm moving down here with running my business just like I did in Canada, should I let them know about that and what my income in Canada was? I know USCIS worries about me being public charge, but I have a running business in Canada which I will be bring here and which deals with US clients only anyways.

Any suggestions??? greatly appreciated.

Pregnancy is not considered a disability, according to the American powers that be. If she is getting any government monies, its most likely temporary cash assistance and food stamps, which all unemployed pregnant women are immediately eligible for.

You have the issue that you will, without doubt, need a joint sponsor for the I 134f if filing a K1 (and then also for the I 864 at AOS), and also for the I 864 if you file for a CR1.

You also have the issue that if she is indeed receiving government assistance in the form of TCA or food stamps, those benefits will end when she marries you and a affidavit of support is applied, because married couples are required to apply for these benefits jointly, and you, as a sponsored immigrant, are ineligible for them. And the COs at interview will know this. They're going to want to know how you're going to support yourselves and two babies without receiving benefits.

I'd compile concrete evidence of your plans to move your business to present to them, secure your co-sponsors, and, if she is receiving TCA and/or food stamps, get her off that program if possible, and try to assist her financially yourself, because CO's don't like giving visas to people who's petitioners are on assistance.

The federal poverty guidelines can be found here: http://www.uscis.gov/files/form/i-864p.pdf

Good luck

Sarah

[Catbones 0]

Pregnancy is not considered a disability, according to the American powers that be. If she is getting any government monies, its most likely temporary cash assistance and food stamps, which all unemployed pregnant women are immediately eligible for.

You have the issue that you will, without doubt, need a joint sponsor for the I 134f if filing a K1 (and then also for the I 864 at AOS), and also for the I 864 if you file for a CR1.

You also have the issue that if she is indeed receiving government assistance in the form of TCA or food stamps, those benefits will end when she marries you and a affidavit of support is applied, because married couples are required to apply for these benefits jointly, and you, as a sponsored immigrant, are ineligible for them. And the COs at interview will know this. They're going to want to know how you're going to support yourselves and two babies without receiving benefits.

I'd compile concrete evidence of your plans to move your business to present to them, secure your co-sponsors, and, if she is receiving TCA and/or food stamps, get her off that program if possible, and try to assist her financially yourself, because CO's don't like giving visas to people who's petitioners are on assistance.

The federal poverty guidelines can be found here: http://www.uscis.gov/files/form/i-864p.pdf

Good luck

Sarah

Hi Sarah,

Thank you for the answer and shedding some light on this too. I actually got my K1 visa approved and I am in the process of moving, we are just worried for the AOS. I mean she can have both of her parents sign and fill out the I-864 without a problem. I'm also not very knowledgeable in the fact of when I will be approved for the Temporary Working Permit or status to get my Social Security Number so I can open my business account and return to my business operations in US, however I will keep my business in Canada which will be running down there for the time being which I can show my income to them from that. I'm sure everything will be fine having two co-sponsors like her parents. The only concern was will this be a problem since at the Interview the I-134 showed her working, now because of the pregnancy she's on disability and with 3 kids, its hard if we both work. So if she decides not to go work, we will need a co-sponsor. We are just worried that they will look at it funny, why for the Interview she was fine working and now for the AOS she isn't working and needs a co-sponsor.

Hope the above makes sense.

Thank you once again.

[KittyPollitt 284]

Hi Sarah,

Thank you for the answer and shedding some light on this too. I actually got my K1 visa approved and I am in the process of moving, we are just worried for the AOS. I mean she can have both of her parents sign and fill out the I-864 without a problem. I'm also not very knowledgeable in the fact of when I will be approved for the Temporary Working Permit or status to get my Social Security Number so I can open my business account and return to my business operations in US, however I will keep my business in Canada which will be running down there for the time being which I can show my income to them from that. I'm sure everything will be fine having two co-sponsors like her parents. The only concern was will this be a problem since at the Interview the I-134 showed her working, now because of the pregnancy she's on disability and with 3 kids, its hard if we both work. So if she decides not to go work, we will need a co-sponsor. We are just worried that they will look at it funny, why for the Interview she was fine working and now for the AOS she isn't working and needs a co-sponsor.

Hope the above makes sense.

Thank you once again.

I don't think it would look funny at AOS that she's not working right after having twins and caring for 3 children. And you're right, you guys should be fine at AOS with two joint sponsors and assets.

As far as the processing times for your AOS, you can get a little info from the AOS guide: http://www.visajourney.com/content/k1k3aos and even more bang for your buck by asking a few folks in the AOS forum: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/ .. They can probably give you really up to date ideas about what the current processing times are..

[trailmix 77]

Also, for the I-864 you can use your income, not sure if you know that? The immigrant spouse, which you will be when you submit the I-864 can use their earnings and assets as well. Although the business is in Canada, as long as you can prove it is continuing - you should be stating that on the I-864 in U.S. dollars, of course.

[Catbones 0]

Also, for the I-864 you can use your income, not sure if you know that? The immigrant spouse, which you will be when you submit the I-864 can use their earnings and assets as well. Although the business is in Canada, as long as you can prove it is continuing - you should be stating that on the I-864 in U.S. dollars, of course.

Now, is it good enough to show that my business is running in Canada or has an open business government account in Canada? I mean, I'm leaving the business opened in canada and operating only because it still will make its profit but I'm going to be in US at that point. I'm confused, if my business is solepropriotership how can I make the profit without shutting down the business and be in US?? would I have to shut down my business in Canada in this case? as I can't work in US?

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[trailmix 77]

Now, is it good enough to show that my business is running in Canada or has an open business government account in Canada? I mean, I'm leaving the business opened in canada and operating only because it still will make its profit but I'm going to be in US at that point. I'm confused, if my business is solepropriotership how can I make the profit without shutting down the business and be in US?? would I have to shut down my business in Canada in this case? as I can't work in US?

I don't know enough about this to advise you one way or the other, but I can't see any reason why you would have to shut it down? It's a Canadian business, the income is Canadian, no law that says you can't run a Canadian business.

If you want to use your income for the I-864 you will have to show them proof of it. You can also use assets, cash in the bank.

Edited July 1, 2010 by trailmix