Affidavit of Support (I-864)

[resha27 0]

Hey Everyone,

I had a question about this if anyone would be so kind to help me.

So I'm a US citizen and currently studying in grad school. There are still quite a few years left and I'm thinking of attending another school afterwards. I was planning to get married overseas on my own sometime during this and then file an immigrant visa for the spouse. The problem is that my parents finance my education and I live with them and they give me a monthly check for expenses.

I work part-time, but the money is between 9-10k per year, so I think it's below the federal poverty level.

I do not want to get my parents involved as I'm pretty sure they will not agree to signing an affidavit of support. My fiance is not from a rich family and my parents, I'm pretty sure, will reject him, since they are well off.

So what can I do? Can I list on the form that I get this monthly income from my parents? That that will put me over the poverty level. My bank has the checks to prove that, but no W2 obviously, because it's not from a job.

Thanks guys!

[Jojo92122 1,924]

Hey Everyone,

I had a question about this if anyone would be so kind to help me.

So I'm a US citizen and currently studying in grad school. There are still quite a few years left and I'm thinking of attending another school afterwards. I was planning to get married overseas on my own sometime during this and then file an immigrant visa for the spouse. The problem is that my parents finance my education and I live with them and they give me a monthly check for expenses.

I work part-time, but the money is between 9-10k per year, so I think it's below the federal poverty level.

I do not want to get my parents involved as I'm pretty sure they will not agree to signing an affidavit of support. My fiance is not from a rich family and my parents, I'm pretty sure, will reject him, since they are well off.

So what can I do? Can I list on the form that I get this monthly income from my parents? That that will put me over the poverty level. My bank has the checks to prove that, but no W2 obviously, because it's not from a job.

Thanks guys!

The money you get from your parents is not income. The monthly checks you get from them are gifts. Gifts cannot be used to show income on the I-864. (My guess is that these gifts will probably end when you marry a guy that you are pretty sure your parents will reject - so it's really hard to use these gifts to show a steady source of income.)

You have several choices;

1. Get a job now that allows you to earn 125% above the poverty line for two people; for 2011, it's $14,710 for a household of two; or

2. Get a joint sponsor; or

3. Wait until you get a job that will allow to the meet the poverty level to bring your fiancee/husband to the US.

[resha27 0]

Thank you for your fast response JoJo. I guess I knew the answer already but had to hear it. Well the fiance is insisting that he be here if I decide to continue my education OR abort it and come overseas if he can't be here. But I'm not sure if I can find someone that would sponsor us since it's a huge legal responsibility, even if I can use the money that my parents give me to support us. It sucks because having my parents pay for my education is something I know I would never regret in the future but leaving to go with him and then something potentially happening between us will leave me with nothing in the end, no person to turn to and no education.

I guess I will just have to mull over this. He doesn't want to believe that those are my only options because he keeps telling me how he heard this person and that person "get in so easily" and "how can it possibly be difficult for someone who already has a passport to get someone else in". They just don't understand the system though.

[pushbrk 12,883]

Thank you for your fast response JoJo. I guess I knew the answer already but had to hear it. Well the fiance is insisting that he be here if I decide to continue my education OR abort it and come overseas if he can't be here. But I'm not sure if I can find someone that would sponsor us since it's a huge legal responsibility, even if I can use the money that my parents give me to support us. It sucks because having my parents pay for my education is something I know I would never regret in the future but leaving to go with him and then something potentially happening between us will leave me with nothing in the end, no person to turn to and no education.

I guess I will just have to mull over this. He doesn't want to believe that those are my only options because he keeps telling me how he heard this person and that person "get in so easily" and "how can it possibly be difficult for someone who already has a passport to get someone else in". They just don't understand the system though.

A fact of life is that adults need to deal with the practical aspects of their hopes, dreams or plans. Sounds like you've got a handle on what those are and have some decisions to make and things to discuss. Unless there's a qualified sponsor, there will be no immigration to the USA.

Bear in mind also, that the I-864 is not used in the K3 visa process. CR1 is the visa you want. The I-864 IS used for that.

Edited October 23, 2011 by pushbrk

[Jojo92122 1,924]

Thank you for your fast response JoJo. I guess I knew the answer already but had to hear it. Well the fiance is insisting that he be here if I decide to continue my education OR abort it and come overseas if he can't be here. But I'm not sure if I can find someone that would sponsor us since it's a huge legal responsibility, even if I can use the money that my parents give me to support us. It sucks because having my parents pay for my education is something I know I would never regret in the future but leaving to go with him and then something potentially happening between us will leave me with nothing in the end, no person to turn to and no education.

I guess I will just have to mull over this. He doesn't want to believe that those are my only options because he keeps telling me how he heard this person and that person "get in so easily" and "how can it possibly be difficult for someone who already has a passport to get someone else in". They just don't understand the system though.

If he thinks it so easy, why not have him research this? He can fill out the paperwork. Show him this forum. Let him search around so he can see how easy it is (sarcasm).

Those of us who choose to do it on our own know how difficult it is for a US citizen to bring a spouse to the US. There are lots of little things that can blow up along the way for the uninformed and for those who thinks things are obvious without reading the instructions or doing any research.

Edited October 23, 2011 by Jojo92122

[skiptex 225]

at least you are doing research.. lots of people get married without any notion of what happens afterwards.. then they get upset cuz process is harder then they think....

[skiptex 225]

at least you are doing research.. lots of people get married without any notion of what happens afterwards.. then they get upset cuz process is harder then they think....

[himher 634]

We just self-petitioned from overseas on assets only.

You do have one more choice. Assets of the intending immigrant can be declared on the I864.

After you are married he can pony up (5X) the difference between your income and the poverty level these assets can be declared on and counted on the I864.

For example:

If you make $11,000 then you are short $3710. If you and your (husband at that time) can show about $20,000 in cash-convertable assets THEN using the combination of your income and his assets you will meet the requirements. The reason I said his assets is because (I) didnt have any assets when I was a student LOL......I didnt have %#$% as I recall.

Anyway:

A cut-out from http://travel.state.gov/visa/immigrants/info/info_3183.html#6

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

The assets must be convertible to cash within 12 months

The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country

The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

So, it is easy - IF the intending immigrant is willing to pony up a share to make up the difference.

Edited October 23, 2011 by himher

[pushbrk 12,883]

We just self-petitioned from overseas on assets only.

You do have one more choice. Assets of the intending immigrant can be declared on the I864.

After you are married he can pony up (5X) the difference between your income and the poverty level these assets can be declared on and counted on the I864.

For example:

If you make $11,000 then you are short $3710. If you and your (husband at that time) can show about $20,000 in cash-convertable assets THEN using the combination of your income and his assets you will meet the requirements. The reason I said his assets is because (I) didnt have any assets when I was a student LOL......I didnt have %#$% as I recall.

Everything above is correct except the numbers. You need 5X the difference between the petitioner's income and 125% of the poverty level for the household size. So, an $11,000 income represents a shortfall of $7,387, needing $36,935 minimum in liquid assets from the foreign spouse. Bear in mind also that while failing to meet the minimum requirement guarantees failure, simply meeting it does not guarantee success. The public charge issue is a judgment call, not a goal line. (unless you fall short) No money, no honey.

[Jojo92122 1,924]

Everything above is correct except the numbers. You need 5X the difference between the petitioner's income and 125% of the poverty level for the household size. So, an $11,000 income represents a shortfall of $7,387, needing $36,935 minimum in liquid assets from the foreign spouse. Bear in mind also that while failing to meet the minimum requirement guarantees failure, simply meeting it does not guarantee success. The public charge issue is a judgment call, not a goal line. (unless you fall short) No money, no honey.

Sorry. $14,710 is 100% of the poverty level for a household of 2. $18,387 is 125% of the poverty level for a household of 2.

Pushbrk's numbers are the correct ones.

[himher 634]

<grin> I didnt check - our household size is bigger and somebody above said $14,700.....

mmmmmmmmmmmK - so whatever the difference is between the required income and actual income can be made up by assets - which was the point.

Everything above is correct except the numbers. You need 5X the difference between the petitioner's income and 125% of the poverty level for the household size. So, an $11,000 income represents a shortfall of $7,387, needing $36,935 minimum in liquid assets from the foreign spouse. Bear in mind also that while failing to meet the minimum requirement guarantees failure, simply meeting it does not guarantee success. The public charge issue is a judgment call, not a goal line. (unless you fall short) No money, no honey.

Edited October 24, 2011 by himher

[dwheels76 5,468]

Man I am so glad I found this thread. I swear I went to the USCIS site and saw $41385 for the poverty guideline and was getting really sad that I may not meet the guidelines.

So thank you thank you. You all just made my day.

And goodluck to the couple going to school I totally understand your dilemma and family acceptance can be a big hurdle.

[LadyDavid 0]

Everything above is correct except the numbers. You need 5X the difference between the petitioner's income and 125% of the poverty level for the household size. So, an $11,000 income represents a shortfall of $7,387, needing $36,935 minimum in liquid assets from the foreign spouse. Bear in mind also that while failing to meet the minimum requirement guarantees failure, simply meeting it does not guarantee success. The public charge issue is a judgment call, not a goal line. (unless you fall short) No money, no honey.

I just read this and am totally confused about liquid assets from the foreign spouse. What constitutes liquid assets and what if they have little or none? I'm just trying to gather info to start the process and this is overwhelming me, to say the least. So many new terms and forms that one is not aware of before hand and the info offered by USCIS, in my opinion, is very lacking. Thanks for all the help everyone offers. I hope to be able to do the same sometime in the future.