What if I Literally cannot provide an affidavit of support?

[aeryfaery7 1]

Hello! I am a U.S. citizen born and raised. I met my husband at my University during my freshman year and we've been together for four years, married for 2 years. He came to the U.S. on a student visa and we are just now filing for his green card. The process is going well, but then we are told we have to provide an affidavit of support. I can't do that. I am a full time college student and work a part time work study job on campus. I am the only person in my entire family who is making anything out of myself. No one in my family makes enough money to sign or co-sign and I don't know anyone who would be willing to help.

I love my husband so very much, and when we got married we didn't even think about the green card process until about a year after we were married. We are both very hard working and I can't bear to be separated form him for even a moment. Can we be denied his Green Card if I literally do not have anyone to help us? We've never asked for government help, and we aren't above doing grunt work to pay our taxes and bills. I graduate University next year but his visa expires this summer. I am so wracked with worry. We go in for his fingerprinting appointment tomorrow morning so maybe I can ask someone at the office about this.

He's applied for the work permit and we pray he gets it but until then, we are stuck. What do you suggest I do?

[Harpa Timsah 13,258]

If no one can provide an affidavit of support, then the AOS will be denied. You should have provided that in the initial submission, but they should send an RFE. You need to make 125% of the poverty line, which is currently, for a family of 2, $18,212. If you do not make that much, then I suggest you ask friends to be a co-sponsor and study up on the laws to help them understand what it means to be a co-sponsor. There is no way around this requirement, unfortunately.

On a personal note - Is your local office really Helena? Good luck.

Edited April 8, 2011 by Harpa Timsah

[aeryfaery7 1]

If no one can provide an affidavit of support, then the AOS will be denied. You should have provided that in the initial submission, but they should send an RFE. You need to make 125% of the poverty line, which is current, for a family of 2, $18,212. If you do not make that much, then I suggest you ask friends to be a co-sponsor and study up on the laws to help them understand what it means to be a co-sponsor. There is no way around this requirement, unfortunately.

On a personal note - Is your local office really Helena? Good luck.

So basically we are screwed and I'll have to live in Pakistan...we don't make that much, we get by with a little extra. I am only 22 and any people I do know are worse off then I, since they are all college students and honestly, what college student makes that kind of money? My parents are on Medicaid and have government assistance, my dad is disabled and that's it for my family.

Yeah, we are going to Helena for our office, why?

I think I'll talk to the people while we are there, there's got to be a way around this. If my husband gets a 10 year work permit, the information we found on the website states we don't have to get a co-sponsor for the affidavit of support, but we won't know until he gets the work permit or not. That's pretty much all we have to bank on.

[aleful 1,905]

Hello! I am a U.S. citizen born and raised. I met my husband at my University during my freshman year and we've been together for four years, married for 2 years. He came to the U.S. on a student visa and we are just now filing for his green card. The process is going well, but then we are told we have to provide an affidavit of support. I can't do that. I am a full time college student and work a part time work study job on campus. I am the only person in my entire family who is making anything out of myself. No one in my family makes enough money to sign or co-sign and I don't know anyone who would be willing to help.

I love my husband so very much, and when we got married we didn't even think about the green card process until about a year after we were married. We are both very hard working and I can't bear to be separated form him for even a moment. Can we be denied his Green Card if I literally do not have anyone to help us? We've never asked for government help, and we aren't above doing grunt work to pay our taxes and bills. I graduate University next year but his visa expires this summer. I am so wracked with worry. We go in for his fingerprinting appointment tomorrow morning so maybe I can ask someone at the office about this.

He's applied for the work permit and we pray he gets it but until then, we are stuck. What do you suggest I do?

then you shouldn't have filed until you were ready. the affidavit is one of the main things, you have to be over the 125% poverty guideline to petition for someone, or at least have joint sponsors o co-sponsors if you don't.

if you don't have anybody, then you should have waited and not have filed now. the petition will be denied if you can't find a joint sponsor.

maybe you should withdraw the petition.

[Harpa Timsah 13,258]

So basically we are screwed and I'll have to live in Pakistan...we don't make that much, we get by with a little extra. I am only 22 and any people I do know are worse off then I, since they are all college students and honestly, what college student makes that kind of money? My parents are on Medicaid and have government assistance, my dad is disabled and that's it for my family.

Yeah, we are going to Helena for our office, why?

I think I'll talk to the people while we are there, there's got to be a way around this. If my husband gets a 10 year work permit, the information we found on the website states we don't have to get a co-sponsor for the affidavit of support, but we won't know until he gets the work permit or not. That's pretty much all we have to bank on.

I just ask because I am from Helena. yay!

Anyway, no, there is no way around this requirement. There is a stipulation that if your husband had already worked for 10 years in the US, then he would not need a sponsor, but that isn't the case. He will get a work permit automatically with your AOS application, but that is a temporary document, good for one year or until there is a decision on the AOS. If the AOS is denied, then his work permit is gone. You should have your interview in a few months, and then the work permit will be cancelled. You must find a co-sponsor.

I forgot to mention before, you can also use assets to make up the difference. Do you have a single aunt or something who owns a house or extra cars?

Could you cancel this petition and could your husband get OPT for a year from his F1 visa (if that is his visa)? Maybe after a year you will be able to meet the requirement.

[aeryfaery7 1]

then you shouldn't have filed until you were ready. the affidavit is one of the main things, you have to be over the 125% poverty guideline to petition for someone, or at least have joint sponsors o co-sponsors if you don't.

if you don't have anybody, then you should have waited and not have filed now. the petition will be denied if you can't find a joint sponsor.

maybe you should withdraw the petition.

We DID research...we were told that we didn't have to provide the affidavit until our interview came up, but then they hit us with this affidavit thing half way through the process. We were hoping to have more time to pull together what we needed to sign it on our own, but they stopped our case to do this even though the people/site said we didn't have to provide it until we got our interview date...

We can't wait because his Visa expires in June and when it expires, if we aren't pending our case we'll have to move to his country until he gets another visa or a work permit etc. He's getting his PhD in one month but he has to have the Green Card to work here. Otherwise, I am going to have to live in a country that isn't so kind to Americans right now. We can't really wait, and we researched as much as we could, that's why I came here to look for advice because I couldn't find the answer anywhere else.

Edited April 8, 2011 by aeryfaery7

[aeryfaery7 1]

I just ask because I am from Helena. yay!

Anyway, no, there is no way around this requirement. There is a stipulation that if your husband had already worked for 10 years in the US, then he would not need a sponsor, but that isn't the case. He will get a work permit automatically with your AOS application, but that is a temporary document, good for one year or until there is a decision on the AOS. If the AOS is denied, then his work permit is gone. You should have your interview in a few months, and then the work permit will be cancelled. You must find a co-sponsor.

I forgot to mention before, you can also use assets to make up the difference. Do you have a single aunt or something who owns a house or extra cars?

Could you cancel this petition and could your husband get OPT for a year from his F1 visa (if that is his visa)? Maybe after a year you will be able to meet the requirement.

Oh, that's not what I read then...they make it so dang difficult to understand! I do have an aunt who MIGHT be able to help but that is a LONG LONG LONG shot. She has her own business, is paying off her house and owns a car...I talked to her today but she wants me to try and figure this out on my own before I ask for her help, she really doesn't want to provide her financial information unless it is necessary. it's such a pain and I am wracked with worry day in and day out.

We are from Missoula and are going to Helena tomorrow...

[JimVaPhuong 4,863]

So basically we are screwed and I'll have to live in Pakistan...we don't make that much, we get by with a little extra. I am only 22 and any people I do know are worse off then I, since they are all college students and honestly, what college student makes that kind of money? My parents are on Medicaid and have government assistance, my dad is disabled and that's it for my family.

Yeah, we are going to Helena for our office, why?

I think I'll talk to the people while we are there, there's got to be a way around this. If my husband gets a 10 year work permit, the information we found on the website states we don't have to get a co-sponsor for the affidavit of support, but we won't know until he gets the work permit or not. That's pretty much all we have to bank on.

There is no way around it. INA section 213A requires a sufficient affidavit of support. Dead stop.

How is your husband paying for his school? Does he have assets to cover this, like cash in the bank? If so, then he can enter his assets in section 28 of your I-864 form, and those assets will be considered along with your income to help you qualify. If you have any assets then you can list those, as well, in section 26. The total value of the assets must be 3X the shortage in your income. In other words, if your income is $5000 below the minimum required level then you'd need $15,000 worth of assets to make up the difference.

There are some restrictions on assets. First, you have to prove you actually own the asset. Second, you have to prove the current value of the asset. Third, the asset must be something you can convert to cash with 12 months notice without considerable hardship or financial loss. A specific example they give of something you CANNOT include is your only car, since selling it would make you a pedestrian, which they would consider to be a hardship.

[amykathleen2005 441]

You have your answer. It is required, that's it, no way around it. Unfortunately being the husband of an American gives him no immediate right to remain in the US without the necessary filing.

If you cannot do it now he can go home and you can file for a spousal visa when you are making enough money to sponsor him. There are hundreds of people on this site living away from their significant other everyday who are apart from their spouses/significant others, I know it seems hard but I'm sure you would manage.

Edited April 8, 2011 by amykathleen2005

[aeryfaery7 1]

There is no way around it. INA section 213A requires a sufficient affidavit of support. Dead stop.

How is your husband paying for his school? Does he have assets to cover this, like cash in the bank? If so, then he can enter his assets in section 28 of your I-864 form, and those assets will be considered along with your income to help you qualify. If you have any assets then you can list those, as well, in section 26. The total value of the assets must be 3X the shortage in your income. In other words, if your income is $5000 below the minimum required level then you'd need $15,000 worth of assets to make up the difference.

There are some restrictions on assets. First, you have to prove you actually own the asset. Second, you have to prove the current value of the asset. Third, the asset must be something you can convert to cash with 12 months notice without considerable hardship or financial loss. A specific example they give of something you CANNOT include is your only car, since selling it would make you a pedestrian, which they would consider to be a hardship.

He gets a scholarship from his government that pays his entire tuition and also gives him 3,600 every 3 months for living expenses, but that ends in June. I'll just beg my aunt to help me.

You have your answer. It is required, that's it, no way around it. Unfortunately being the husband of an American gives him no immediate right to remain in the US without the necessary filing.

If you cannot do it now he can go home and you can file for a spousal visa when you are making enough money to sponsor him. There are hundreds of people on this site living away from their significant other everyday who are apart from their spouses/significant others, I know it seems hard but I'm sure you would manage.

Sorry, I will NOT live without him. I know people do it every day, but I will not. We can always go to his country and work there together until we have enough money.

[JimVaPhuong 4,863]

He gets a scholarship from his government that pays his entire tuition and also gives him 3,600 every 3 months for living expenses, but that ends in June. I'll just beg my aunt to help me.

Oh, jeez. I didn't even ask. What kind of visa is he here on?

[aeryfaery7 1]

Oh, jeez. I didn't even ask. What kind of visa is he here on?

He's on the F-1 Visa until June. I mean, it's not the end of the world if we can't do it now, I mean, we are young and have lots of life ahead of us...it's just that my parents are severely sick and I need to know that we can travel back and forth in our futures to take care of them.

Edited April 8, 2011 by aeryfaery7

[Myopia 93]

He gets a scholarship from his government that pays his entire tuition and also gives him 3,600 every 3 months for living expenses, but that ends in June. I'll just beg my aunt to help me.

Sorry, I will NOT live without him. I know people do it every day, but I will not. We can always go to his country and work there together until we have enough money.

Good for you. Why is these answers always come with the "people do it all the time" Who cares? Seriously. I dont even see how that comment added anything of benefit.

Ask your Aunt. If she feels uncomfortable with you seeing her info then tell her she can fill in the paperwork and seal it without you seeing it. Just make sure that she does it right. I wish you ALL the best.

[Harpa Timsah 13,258]

oops, answered. I was thinking what Jim was thinking!

Edited April 8, 2011 by Harpa Timsah

[aeryfaery7 1]

Good for you. Why is these answers always come with the "people do it all the time" Who cares? Seriously. I dont even see how that comment added anything of benefit.

Ask your Aunt. If she feels uncomfortable with you seeing her info then tell her she can fill in the paperwork and seal it without you seeing it. Just make sure that she does it right. I wish you ALL the best.

Thank you.

She's not uncomfortable with me knowing the info...she doesn't really like the gov't or anything to do with it...she's kind of a rebel lol. She pays her taxes but refuses to have anything else to do with government stuff. She's funny that way.