I-864 Affadavit of Financial Support

[astone 0]

Hi all,

So I am trying to get a head start on preparing some of the documents to show evidence of financial support for my wife. I have not filed taxes the past 3 years, the 3rd year I was finishing school, the 2nd year I was traveling and going to language school abroad, and the last year I was volunteering 40 hours a week. I can provide returns for years previous to that, but never for more than the 18,000/year I need for a household of 2.

I have started a job that pays ~$35,000/year. I started in the beginning of October and it is a very stable job with almost no turnover. I will get my W2 for 2011 and file for 2011, but my total income will probably be about 10,000 dollars. Obviously, over an entire year I earn more than enough to satisfy the %125 of poverty line, but I do not have the earnings history to show that yet. I also have about $20,000 in savings/investments

Do you think I need to have my parents sign on a cosponsors? I wanted to avoid that, and even though they love my wife, they are hesitant because of the possible catastrophe of us splitting up and them being on the hook for her.

Could my parents give me a sizable loan to get up to the 3 years of income I need (about $55,000 I think, correct me if I'm wrong) so I could satisfy the requirements without them being further obligated?

What do you guys think? Thanks in advance

Andy

[Navyk 78]

Hi all,

So I am trying to get a head start on preparing some of the documents to show evidence of financial support for my wife. I have not filed taxes the past 3 years, the 3rd year I was finishing school, the 2nd year I was traveling and going to language school abroad, and the last year I was volunteering 40 hours a week. I can provide returns for years previous to that, but never for more than the 18,000/year I need for a household of 2.

I have started a job that pays ~$35,000/year. I started in the beginning of October and it is a very stable job with almost no turnover. I will get my W2 for 2011 and file for 2011, but my total income will probably be about 10,000 dollars. Obviously, over an entire year I earn more than enough to satisfy the %125 of poverty line, but I do not have the earnings history to show that yet. I also have about $20,000 in savings/investments

Do you think I need to have my parents sign on a cosponsors? I wanted to avoid that, and even though they love my wife, they are hesitant because of the possible catastrophe of us splitting up and them being on the hook for her.

Could my parents give me a sizable loan to get up to the 3 years of income I need (about $55,000 I think, correct me if I'm wrong) so I could satisfy the requirements without them being further obligated?

What do you guys think? Thanks in advance

Andy

If your parents are not willing to be co-sponsors, then you file I-864 on your own, as you are now making 35,000 per year, which is sufficient. It is not the actual amount you ear in 2011 that is the criteria but the current annual salary of 35,000. So you are fine as far as the current salary is concern.

At interview the consulate/ embassy may ask your spouse if you guys are bale to provide co-sponsor as you were a student before (just like I was asked) and you can say no and hope for the best because it is really in the hands of CO. If they insist then you can submit your parents I-864 packet at that time.

[Done--Really 331]

Navy has given you good advice--get your parents as a backup sponsor, even if they are nervous about it. Also, you MUST include a letter with the I-864 explaining exactly why you were not required to file taxes for the previous three years. Too many folks don't include that latter and they get an RFE. And since your job is brand new, a letter from your employer will be a big help as well.

As far as a loan is concerned, it may be totally discounted since it was really only to get you enough assets, and since it would be from your parents, many CO's would look at it as a sham transaction--better to just have your parents be a backup sponsor.

[bigdog 376]

Both NavyK and Magical are right on, parents as backup sponsors, great idea.

[astone 0]

Thanks to the replies!

Ok, so it sounds like a backup sponsor will be a good route. Now, for the logistics of the backup sponsor.

I will obviously fill out my 864 and send the letter of explanation, etc. I will also get my parents to fill out an 864, but NOT submit it, correct? If, at the interview, the CO says it's necessary, we can produce it right then and there? Are there any delays if the CO says no, and we have to file the backup sponsor?

Thanks

[J-Dzzy 2]

This is advice I was lookin 4 also. Thank u. I will be following this post.

[Anh map 2,098]

Thanks to the replies!

Ok, so it sounds like a backup sponsor will be a good route. Now, for the logistics of the backup sponsor.

I will obviously fill out my 864 and send the letter of explanation, etc. I will also get my parents to fill out an 864, but NOT submit it, correct? If, at the interview, the CO says it's necessary, we can produce it right then and there? Are there any delays if the CO says no, and we have to file the backup sponsor?

Thanks

It can't hurt to submit the joint sponsor I-864 at the same time. From what you've told us, you ought to be in good shape on your own.

[astone 0]

I know it can't hurt my case to submit the consponsor 864 at the same time, but I would like to do it as independently as possible. My parents are also a little weary about being legally obligated to pay for her for 10 years, should we divorce she could potentially demand support.

Would my parents be 100% liable as cosponsors? How does that work? Would it do any good to have their 864 filled out for the interview, and only submit it if there is a problem?

[Done--Really 331]

Read the contract part of the I-864 very closely. It is not ten just years--it could be much shorter if she becomes a citizen or it could conceivably be for life depending on the circumstances. Come back if any part of the contract is not crystal clear.