would this option be viable to bypass joint sponsor?

[curious_sam 0]

hello everyone, my question is basically this... my soon to be wife only makes about 16,000 a year, and i cannot seem to find a joint sponsor. however what if she has 5 to 10k in her savings account, will they add that on top of the 16k she makes? also my lawyer has told me that once married i should take one of the bills like utility under my name and pay for it, however how can i do this without a ss#, do i wait until i recieve my ss# in a few months (when i get my workers permit)then start adding my name to the bills. also if for example my name is on the light bill how exactly am i suppose to pay it i cant work thus i cannot make any money, can i use her credit card to pay for the bills? one last question, i know i need to have a medical exam to send to my lawyer, can i take this exam now or must i wait until i am married. thanks

Edited August 29, 2010 by curious_sam

[Freda /Alejandro 0]

hello everyone, my question is basically this... my soon to be wife only makes about 16,000 a year, and i cannot seem to find a joint sponsor. however what if she has 5 to 10k in her savings account, will they add that on top of the 16k she makes? also my lawyer has told me that once married i should take one of the bills like utility under my name and pay for it, however how can i do this without a ss#, do i wait until i recieve my ss# in a few months (when i get my workers permit)then start adding my name to the bills. also if for example my name is on the light bill how exactly am i suppose to pay it i cant work thus i cannot make any money, can i use her credit card to pay for the bills? one last question, i know i need to have a medical exam to send to my lawyer, can i take this exam now or must i wait until i am married. thanks

Hi and congratulations on starting your journey.

I'm not sure of the physical- but as far as using assets..... the following is from the guides/faqs on VJ

When assets are used, the assets must equal 5 times the difference between the annual income and the

needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you

needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5

years, or a total of $10,000 in assets in addition to your income. In general, if you are deficient on yearly income

for sponsorship and your assets are somewhat borderline, do not take chances--have a co-sponsor. 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.

I would also take a look at the poverty guidelines to make sure you know exactly how much you will need to show for income and assets.

Good luck and hope you get the answers you need.

Freda

[Gary and Alla 3,694]

hello everyone, my question is basically this... my soon to be wife only makes about 16,000 a year, and i cannot seem to find a joint sponsor. however what if she has 5 to 10k in her savings account, will they add that on top of the 16k she makes? also my lawyer has told me that once married i should take one of the bills like utility under my name and pay for it, however how can i do this without a ss#, do i wait until i recieve my ss# in a few months (when i get my workers permit)then start adding my name to the bills. also if for example my name is on the light bill how exactly am i suppose to pay it i cant work thus i cannot make any money, can i use her credit card to pay for the bills? one last question, i know i need to have a medical exam to send to my lawyer, can i take this exam now or must i wait until i am married. thanks

The money on the bank is an asset. It should be listed as an asset. Assets are valued at 1/3 of of their amount for the affidavit. This means that $10,000 is the equivilent of $3,333 in income. Assets need to be verified with statements, etc. Consulates can choose not accept assets and many have chosen not to accept CASH as it can be too easily moved around. I would suggest if she is goig to use CASH as an asset that she also includes several months bank statements or some explanation of where the cash came from. If $10,000 shows up in her account a month before the interview it will be very suspiciuous.

Once here and you are married you should combine financial resources as much as possible. A utility bill in itself will not be sufficient to prove you have a marriage relationship, you will need lots more than that.

If you are a K-1 (I presume you are since you say "future wife") You will be eleigible for an SSN the moment you arrive, no problem. My wife got her SSN within 36 hours of her arrival, was added to our bank accounts, insurance, credit cards, had her own bank account with a few days of arriving.

[ThaitoUSA 15]

Anything your fiancée earns under 125% of the poverty line can be supplemented by assets. For example, if she is short $3,000 annually, she would need to show proof of $9,000 ($3,000 x 3 years) in her account.

You do not need to wait for work authorization or a green card in order to obtain a SS number card. You can go to the SS office within 10 days to three weeks after arriving in America on a K1 visa and apply for one. The Social Security card will indicate that you cannot work without approval from Dept. of Homeland Security i.e. EAD or green card. However, you can use that SS number to open bank account and establish other ties.

Sharing of utility bills should not be considered primary proof of a bona fide relationship. Instead joint bank account, credit card account, health insurance, car title, apartment lease/ home mortgage, etc. all demonstrate shared financial responsibility better than a utility bill.

[ThaitoUSA 15]

Hi and congratulations on starting your journey.

I'm not sure of the physical- but as far as using assets..... the following is from the guides/faqs on VJ

When assets are used, the assets must equal 5 times the difference between the annual income and the

needed 125% of the poverty level, this is because the affidavit is in effect for 5 years.

Like Gary, I was under the impression that monetary assets would be appraised at 1/3 the value. Where did you read that it was 5 years? My impression was that the I-864 was binding for at least 10 years; 40 qualifying quarters of work in the US.

[Gary and Alla 3,694]

Anything your fiancée earns under 125% of the poverty line can be supplemented by assets. For example, if she is short $3,000 annually, she would need to show proof of $9,000 ($3,000 x 3 years) in her account.

You do not need to wait for work authorization or a green card in order to obtain a SS number card. You can go to the SS office within 10 days to three weeks after arriving in America on a K1 visa and apply for one. The Social Security card will indicate that you cannot work without approval from Dept. of Homeland Security i.e. EAD or green card. However, you can use that SS number to open bank account and establish other ties.

Sharing of utility bills should not be considered primary proof of a bona fide relationship. Instead joint bank account, credit card account, health insurance, car title, apartment lease/ home mortgage, etc. all demonstrate shared financial responsibility better than a utility bill.

Good info but for one small correction. K1s are eligible for an SSN from day ONE until day 76 of their I-94. You do not have to wait for 10 days or two weeks. You DO need to wait until your legal entry into the United States is recorded in the SAVE system. This happens every night at 12:01 am. You can apply for your SSN the day after you arrive. You can go back to the office the next day and get your SS number, the CARD will take a week or so, but you do not need the card to open a bank accout, only the SSN

[Bobby+Umit 161]

To clear up some mistakes in the previous posts.

Non-spouse, you need 5X assets to make up the difference.

Spouses, and children of USCs only need 3x to make up the difference.

(K-1 is not a spouse (for the I-134, however, at the AOS time, they will be)

It's not based on a "yearly" thing.

The I-864 is binding for an indefinite period, unless one of the following occur:

1. Beneficiary becomes an USC.

2. Has worked, or can be credited for 40 qtrs of work (which is 10 years) (this is where a lot of people think the 864 is valid for only 10 years, however, if the person does not work, or can be credited with work qtrs, it goes on and on...)

3. No longer an LPR, and has departed the US.

4. Beneficiary dies.

Divorce doesn't end it. Death of the sponsor does not end it (their estate can be held against it - if there are any claims against it before the sponsor died).

Sources

864 FAQ

864 Instructions

Edited August 29, 2010 by Bobby+Umit

[Gary and Alla 3,694]

Like Gary, I was under the impression that monetary assets would be appraised at 1/3 the value. Where did you read that it was 5 years? My impression was that the I-864 was binding for at least 10 years; 40 qualifying quarters of work in the US.

For FAMILY based visas, assets are divided by THREE.

The I-864 is binding until....

1. The benficiary becomes a citizen

2. The beneficiary surrenders their residency and leaves the country

3. 10 years

4. 40 quarters of participation in SS

5. Death of the beneficiary or the sponsor.

If you file joint taxes your spouse will recive "double coupons" so to speak. Alla was here for 3 months and when we filed our first joint return she earned 8 quarters of credits. Her credits are shown on the statement SS sends every year. She just received her statement for this year. She arrived LESS THAN two years ago and now has 16 quarters credit to her SS account.

[Gary and Alla 3,694]

To clear up some mistakes in the previous posts.

Non-spouse, you need 5X assets to make up the difference.

Spouses, and children of USCs only need 3x to make up the difference.

(K-1 is not a spouse (for the I-134, however, at the AOS time, they will be)

It's not based on a "yearly" thing.

The I-864 is binding for an indefinite period, unless one of the following occur:

1. Beneficiary becomes an USC.

2. Has worked, or can be credited for 40 qtrs of work (which is 10 years) (this is where a lot of people think the 864 is valid for only 10 years, however, if the person does not work, or can be credited with work qtrs, it goes on and on...)

3. No longer an LPR, and has departed the US.

4. Beneficiary dies.

Divorce doesn't end it. Death of the sponsor does not end it (their estate can be held against it).

Sources

864 FAQ

864 Instructions

Sorry, no. In fact, for the visa there IS no particular qualification as there are no guides for the I-134. You are assuming the law for the I-864 applies to the I-134. It does not. Most consulates require that sponsors only meet 100% of the poverty guidelines anyway. It is widely assumed that the guideline is 125% because you have to meet that after they arrive so you may as well be prepared for it. Lets review...

1. Correct

2. Wrong. If the spouse works (AT ALL) and files a joint return she is credited for BOTH her and her husband's contributions. Alla has received 16 quarters credit in less than two years. She will get 8 quarters more for this year. It is on her SS statement that they send 2 months before your birthday. Alla a moot point. She will be a citizen in less than 2 years.

3. True

4. True, but also for the sponsor. The law requires that the government take action to collect funds which are paid to a person covered by an I-864. It doesn't happen automatically. So, here is the deal. The sponsor dies. A month or two later she files for welfare. Some time after that the government decides to go after the (now dead) sponsor. Uh huh.

[Bobby+Umit 161]

Sorry, no. In fact, for the visa there IS no particular qualification as there are no guides for the I-134. You are assuming the law for the I-864 applies to the I-134. It does not. Most consulates require that sponsors only meet 100% of the poverty guidelines anyway. It is widely assumed that the guideline is 125% because you have to meet that after they arrive so you may as well be prepared for it. Lets review...

1. Correct

2. Wrong. If the spouse works (AT ALL) and files a joint return she is credited for BOTH her and her husband's contributions. Alla has received 16 quarters credit in less than two years. She will get 8 quarters more for this year. It is on her SS statement that they send 2 months before your birthday. Alla a moot point. She will be a citizen in less than 2 years.

3. True

4. True, but also for the sponsor. The law requires that the government take action to collect funds which are paid to a person covered by an I-864. It doesn't happen automatically. So, here is the deal. The sponsor dies. A month or two later she files for welfare. Some time after that the government decides to go after the (now dead) sponsor. Uh huh.

Some consulates use the same level of the 864 when determing the 134. (Ankara is one). No assumption is implied, you should check with the consulate you are going through.

2 - eh? Which is why I stated, "can be credited" - also - there are a few cases where the SSA did not allow spouses work credits to count toward the persons count - look it up on the SSA site.

Edited August 29, 2010 by Bobby+Umit

[curious_sam 0]

lol umm thanks guys but this is getting confusing, also i am not entering the states, i am already here, have been for awhile, just overstayed my visa thus i got a lawyer, i know i can ask these things to the lawyer however her office is closed right now and just wanted to know.

[Bobby+Umit 161]

lol umm thanks guys but this is getting confusing, also i am not entering the states, i am already here, have been for awhile, just overstayed my visa thus i got a lawyer, i know i can ask these things to the lawyer however her office is closed right now and just wanted to know.

So you would be adjusting status - not doing a K-1 - so I will move this to the proper forum.

If you are doing an AOS - you would be using the 864 - and all the rules that entails. (links to the FAQ in my post above)

[Gary and Alla 3,694]

Some consulates use the same level of the 864 when determing the 134. (Ankara is one). No assumption is implied, you should check with the consulate you are going through.

2 - eh? Which is why I stated, "can be credited" - also - there are a few cases where the SSA did not allow spouses work credits to count toward the persons count - look it up on the SSA site.

Then it is consulate specific (which it can be) but referencing the I-864 rules to make statements about the I-134 is not necessarily so.

40 quarters of "credits" is the rule, true. In SS speak 40 quarters does not necessarily equal 10 years, it can be much less.