Affidavit of Support- on disability

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I've never had a job because my fiancé has been the one who supported me from the start. Does his money matter at all for the process or if he does bring in documents from the bank will they even look at it? My mother has agreed to file what she needs to in order to show support for my fiancé but she is currently waiting on her disability from government its been about 2 years with that. Because she's been out because of her injuries she hasn't obtained any money in the last 2 years from work, nor filed taxes. My stepfather has also agreed he will file for him for the support but he just received his disability check. Does this matter at all? I am sure there are many people who are in my case that never had a job because they are wealthy due to inheritance and other things and can provide for themselves based on whats in the bank. I'm also sure there are people who retired so whats the deal? I'm not sure who can I call to talk to about this besides a lawyer will Juarez tell me anything?

Thanks

[KayDeeCee 4,893]

I've never had a job because my fiancé has been the one who supported me from the start. Does his money matter at all for the process or if he does bring in documents from the bank will they even look at it? My mother has agreed to file what she needs to in order to show support for my fiancé but she is currently waiting on her disability from government its been about 2 years with that. Because she's been out because of her injuries she hasn't obtained any money in the last 2 years from work, nor filed taxes. My stepfather has also agreed he will file for him for the support but he just received his disability check. Does this matter at all? I am sure there are many people who are in my case that never had a job because they are wealthy due to inheritance and other things and can provide for themselves based on whats in the bank. I'm also sure there are people who retired so whats the deal? I'm not sure who can I call to talk to about this besides a lawyer will Juarez tell me anything?

Thanks

No, the beneficiary's income does not matter in this case. People that are retired and qualify can show proof of receiving their retirement pay each month. If you have a steady income that meets or betters the 125% mark, then it works. Also, using assets can work (as in the case of the wealthy you mention), they just need to be at least 3x the amount needed. So, if needing to qualify for a household size of 2, you would need at least $55,161. If you have no income or the required assets, you will need a co-sponsor that qualifies on their own to cover themselves, any dependents they have, plus your fiance. You need a co-sponsor with enough current income and that can show at least the most recent year's tax transcript.

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Okay so my mother doesn't receive income but she does have over 3x the 125% needed, will this count?

[KayDeeCee 4,893]

Okay so my mother doesn't receive income but she does have over 3x the 125% needed, will this count?

It is only 3x for a spouse(or fiance in this case), so no. Your mother would need 5 times. She can use her income and add her assets to make up the shortcoming. For example, if she makes $20k and $25k is needed, then she would need 5x $5k in assets, or $25k.

Disability can be counted as income if it is SSDI. SSI (which is a means tested public benefit) does not count.

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Does the x5 of 125% need to be in cash or can this count as her home, property, cars, and other savings in the bank? She hasn't had any income in the past 2 years.

[KayDeeCee 4,893]

You can list a house and property. You just need to have an appraisal of its value. You can only use a car as an asset if it is not your only car. Show bank statements and/or a bank letter to prove the savings in the bank.

From the I-864 instructions: http://www.uscis.gov/files/form/i-864instr.pdf

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.

I honestly do not know how the consulate will feel about no one in the household having any income or recent tax returns. You might want to try and find another co-sponsor as backup just in case.

Edited January 14, 2012 by Jay-Kay

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Thanks for your information, everything you said should be in that link you mentioned correct?

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Can my mother and step-father jointly fill this out? As my step-father does have disability check every month and the cars or in his name not my mothers?

[KayDeeCee 4,893]

Can my mother and step-father jointly fill this out? As my step-father does have disability check every month and the cars or in his name not my mothers?

No. For the I-134 it must be one or the other. For the K-1 interview, you can only have one co-sponsor that meets the requirements for their household size + the beneficiary all on their own. When it comes time for AOS, then your mother and stepfather could combine their incomes.