I-134 Affidavit of Support - Assets only

[MochiKamo 93]

I am interested to hear about any experiences with using assets alone for the Affidavit of Support. For the contiguous 48 states, the 125% of Poverty line for 2010 is set at $18,212. Since the affidavit has a 5 year requirement, the total assets needed would therefore be (18,212 x 5 = $91,060).

However, the following paragraph strongly suggests that assets, no matter how sizable, may not be sufficient. Let's say someone meets the above requirement (let's say they have $150k in a savings account) and they have copies of their previous W-2/income tax returns demonstrating the source of the income, would there still be any issues with using assets alone for the Affidavit of Support? Also, I probably should point out that when I say assets alone, I mean to say that there will be zero income and no co-sponsor of any form.

Anyhow, the requirements are plain to read, but I was just curious if anyone has had any experience with using assets alone or have heard of someone else going this route.

Thanks!

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.

http://www.visajourn...content/support

[Anh map 2,098]

If the assets are located in the US then you will only need 3X not 5X when petitioning for a fiance(e) or spouse.

The CO at the consulate/embassy has discretion as to what assets are accepted.

[Boiler 45,516]

I did, I assumed they would use that calculation, they did not. Much lower.

Up to the individual Consulate, check with yours.

[MochiKamo 93]

If the assets are located in the US then you will only need 3X not 5X when petitioning for a fiance(e) or spouse.

The CO at the consulate/embassy has discretion as to what assets are accepted.

Well, three times is going to be easier than five times. However, my main goal is to know about the experiences of those individuals who have gone with the assets only route. The main reason for my curiosity is the linked paragraph above which can be found right here on visa journey. "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."

Additionally, perhaps I should have been more specific, but the assets are in a US savings account completely liquid (cash) so I'm not sure how discretion is necessary on the part of the embassy as far as deciding whether these assets can be accepted.

The Japan embassy web page doesn't go beyond what I already knew. Anyhow I'd love to hear about anyone having experience with using assets only for the affidavit of support.

http://japan.usembas...kaffidavit.html

http://www.visajourn...content/support

Thanks!

[Penguin_ie 5,993]

We did, though for a spousal visa; it's not uncommon in DCF cases like ours.

We bought a house in the USA outright (which is now our home)- showed proof with deeds and sales papers-, and moved our savings (more than x3, less than x5 for our household of 4) to a US account prior to interview- showed proof with online bank account print-out. The only question regarding work and finances at the interview in Dublin, Ireland was weather I, the beneficiary, intended to work once in the USA; I said no, as we wanted me to stay home and look after the kids at least until they went to school.

[turtlewife 0]

i have this problem too. i just got back from iraq and has no job at the moment. i have enough money in the bank. will this be enough?

[payxibka 10,045]

Per the forum description, I-134 topics are suggested to be posted in the Consulate forum.... moving thread

[JimVaPhuong 4,863]

Well, three times is going to be easier than five times. However, my main goal is to know about the experiences of those individuals who have gone with the assets only route. The main reason for my curiosity is the linked paragraph above which can be found right here on visa journey. "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."

Additionally, perhaps I should have been more specific, but the assets are in a US savings account completely liquid (cash) so I'm not sure how discretion is necessary on the part of the embassy as far as deciding whether these assets can be accepted.

The Japan embassy web page doesn't go beyond what I already knew. Anyhow I'd love to hear about anyone having experience with using assets only for the affidavit of support.

http://japan.usembas...kaffidavit.html

http://www.visajourn...content/support

Thanks!

Although I usually find the VJ guides to be fairly good, that particular page about the affidavit of support is misleading and inaccurate, and in some instances just plain wrong. There are two multipliers for assets, depending on the relationship between the beneficiary and the sponsor. If the sponsor is the spouse or parent of the beneficiary then the multiplier is 3X. For everyone else, the multiplier is 5X. They are based on the minimum number of years the beneficiary would need to be a permanent resident before they would be eligible for citizenship, and NOT because "the affidavit is in effect for 5 years". The I-864 affidavit is in effect until one of the conditions necessary to terminate it have been met. If none of those conditions are ever met (which is distinctly possible) then the affidavit is in effect until either the petitioner or beneficiary dies. The I-134 has no specific term because it's an unenforceable contract.

Many of the statements in that guide are based on the I-864. It glosses over the I-134 saying there are no specific income requirements on the form, but stating that you will be judged by the I-864 requirements. While this is a good general assumption to make, the truth is that the consulate has complete discretion over what to accept with the I-134. The reason is because the US government must obtain an affidavit of support for an immigrant visa applicant, and that affidavit must conform to INA 213A, which lays down very specific requirements. They are not required to obtain an affidavit of support for a non-immigrant visa (like a K1), but are required to make a discretionary judgment whether the applicant is inadmissible on the 'public charge' grounds. Most consulates do require an I-134 from the petitioner, and it's generally well known that most apply the I-864 standards, but the degree to which they apply them varies widely from one consulate to another.

The I-864 allows for household members to combine income. The I-134 doesn't provide a way to do this, and I'm not aware of any consulate that allows this with an I-134. The I-864 allows for a joint sponsor. Most consulates will permit this with an I-134, but some have specific discretionary requirements before they'll accept a joint sponsor, and some almost never accept them.

As Anh Map said, this depends very much on the consulate. They can look at the income alone and reject the affidavit as insufficient, and deny the visa on the 'public charge' determination. Finding someone else who succeeded using assets alone does not mean you will succeed. In fact, even finding someone else who went through the same consulate and succeeded using assets alone does not mean you will succeed. The consular officer is permitted to take a lot of circumstances into account when making the 'public charge' determination. The affidavit of support is only one of them. Someone else who qualified on assets alone might have other mitigating circumstances that make their case look better, like being a recent college graduate or recently starting a good paying job. With an I-134, the consular officer isn't required to consider your assets at all, though most do. I think it's generally safe to say that they prefer assets to be used to cover a temporary shortage of income, and not be a substitute when there is no income.

The best advice is to have a co-sponsor's affidavit of support and supporting documents ready, in case the consular officer requests it.

[MochiKamo 93]

Although I usually find the VJ guides to be fairly good, that particular page about the affidavit of support is misleading and inaccurate, and in some instances just plain wrong. There are two multipliers for assets, depending on the relationship between the beneficiary and the sponsor. If the sponsor is the spouse or parent of the beneficiary then the multiplier is 3X. For everyone else, the multiplier is 5X. They are based on the minimum number of years the beneficiary would need to be a permanent resident before they would be eligible for citizenship, and NOT because "the affidavit is in effect for 5 years". The I-864 affidavit is in effect until one of the conditions necessary to terminate it have been met. If none of those conditions are ever met (which is distinctly possible) then the affidavit is in effect until either the petitioner or beneficiary dies. The I-134 has no specific term because it's an unenforceable contract.

Many of the statements in that guide are based on the I-864. It glosses over the I-134 saying there are no specific income requirements on the form, but stating that you will be judged by the I-864 requirements. While this is a good general assumption to make, the truth is that the consulate has complete discretion over what to accept with the I-134. The reason is because the US government must obtain an affidavit of support for an immigrant visa applicant, and that affidavit must conform to INA 213A, which lays down very specific requirements. They are not required to obtain an affidavit of support for a non-immigrant visa (like a K1), but are required to make a discretionary judgment whether the applicant is inadmissible on the 'public charge' grounds. Most consulates do require an I-134 from the petitioner, and it's generally well known that most apply the I-864 standards, but the degree to which they apply them varies widely from one consulate to another.

The I-864 allows for household members to combine income. The I-134 doesn't provide a way to do this, and I'm not aware of any consulate that allows this with an I-134. The I-864 allows for a joint sponsor. Most consulates will permit this with an I-134, but some have specific discretionary requirements before they'll accept a joint sponsor, and some almost never accept them.

As Anh Map said, this depends very much on the consulate. They can look at the income alone and reject the affidavit as insufficient, and deny the visa on the 'public charge' determination. Finding someone else who succeeded using assets alone does not mean you will succeed. In fact, even finding someone else who went through the same consulate and succeeded using assets alone does not mean you will succeed. The consular officer is permitted to take a lot of circumstances into account when making the 'public charge' determination. The affidavit of support is only one of them. Someone else who qualified on assets alone might have other mitigating circumstances that make their case look better, like being a recent college graduate or recently starting a good paying job. With an I-134, the consular officer isn't required to consider your assets at all, though most do. I think it's generally safe to say that they prefer assets to be used to cover a temporary shortage of income, and not be a substitute when there is no income.

The best advice is to have a co-sponsor's affidavit of support and supporting documents ready, in case the consular officer requests it.

Jim, thank you for your reply. So basically the five multiplier is derived from the I-864 and is used due to the I-134 not having a specific equivalent. Furthermore, the consulate has final discretion on the determination of whether the applicant will be a public charge or not.

Trying to get an idea what to expect at the Japan consulate, I read the following from their web site, which hints at the option of using an applicants own assets only for the affidavit of support. Now I understand that finding someone else who succeeded using assets alone does not automatically mean that I will be successful doing the same, but at least it will allow me to get a better picture of the consulate.

To give a little more information about my position, I have been employed at my current company for almost 6 years. I have the last three years W-2 ready and also an automatically generated form through the company services specifically for the purpose of verification for USCIS. I also have copies of the last 3 years of income tax returns.

However, like many others, I have some uncertainty as far as the possibility of layoffs in the next year. Therefore I am planning for the situation where I may have to use only assets for the affidavit of support.

Applicant's Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

• Bank statement showing present balance of applicant's account, date account was opened, number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been unusually large recent deposits, an explanation thereof should be given
• Proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated)
• Letter or letters verifying ownership of stocks and bonds, with present market value or indication of expected earnings
• Statement from insurance company showing policies held and present case surrender value
• Proof of income from business investments or other sources

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.

[MochiKamo 93]

We did, though for a spousal visa; it's not uncommon in DCF cases like ours.

We bought a house in the USA outright (which is now our home)- showed proof with deeds and sales papers-, and moved our savings (more than x3, less than x5 for our household of 4) to a US account prior to interview- showed proof with online bank account print-out. The only question regarding work and finances at the interview in Dublin, Ireland was weather I, the beneficiary, intended to work once in the USA; I said no, as we wanted me to stay home and look after the kids at least until they went to school.

Thank you for your reply Penguin.

I'm going to be getting my savings account information ready as well as after-tax accounts such as my Roth IRA. Hopefully it will all add to the consulate not thinking that we're going to end up as a couple hoodlums.

[MochiKamo 93]

Also, for future reference, this information is from the Tokyo consulate.

What Cash Value of Assets is Needed? The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

[Anh map 2,098]

Also, for future reference, this information is from the Tokyo consulate.

In certain situations (Immediate relatives) it is reduced to 3X. Fiance(s) fall into an in between world but are often considered immediate family as the K1 leads to marriage.

See this document (page 2), also linked from the Embassy Site >> http://www.uscis.gov...pp_062106FS.pdf

Edited December 17, 2010 by Anh map

[AmandaLane102 3]

Hi guys, I've come with a related but slightly unrelated question: I am living abroad and filing for my spouse:

does this mean my income will be considered $0 even though I am working abroad?

And 2, I intend to use my parents as joint sponsors - will my mom's IRA income count as income or assets? For tax purposes it is calculated as their annual income, but somebody else told me it would be considered assets, so I am very concerned about this.

[TBoneTX 45,291]

Thread from 2010 is closed. Most recent poster has asked the above question elsewhere.