Affidavit of Support - Assets Only

[JNEKG 4]

Hi Everyone,

Long time reader, first time poster.

I have finally gathered all my paperwork to submit my Form I-130 tomorrow (excited but nervous).

I know I am jumping the gun slightly but I have a few questions about AOS.

My USC Husband was born in Holland and has lived in Aus his whole life (with the exception of 1 year when he went to college in Idaho). We are submitting our paperwork from Australia directly to the Chicago Lock Box. I am anticipating that the most difficult part is going to be the AOS for two reasons:

1. we have to establish domicile (or intent to re-establish domicile)

2. we are working through this process from Australia (without US based jobs or income sources)

We are putting the wheels in motion in terms of re-establishing domicile (setting up US bank accounts, enrolling kids into school, looking for houses and job, registering to vote etc) so that shouldn't be too hard right? but what I am concerned about is the income level required.

Is it possible to pass the AOS with assets (australian based but can be liquified within 12 months) alone? We have well in excess of 5 times the poverty line for a household of 5 in assets but I need to know if that will be enough or if we will need a joint sponsor?

Also, if we are go get a joint sponsor it will be my best friend in California who has a household of 3 people. Does that mean that she needs an income of 125% above the poverty line for a household of 8 (including my 5). Just to complicate things further, my two older children are US citizens already and wouldn't be included in the application so - will that affect the household number size?

sorry for all the silly questions, I have been reading the forums for weeks now but can't really find a case exactly like mine.

Any assistance would be greatly appreciated.

Thanks

Nat

[moonhealer 0]

Your case is quite similar to mine. Just want to that how did your kids become citizens(through birth abroad)or are you considering them under CCA act 2000(automatic acquisition of U.S Citizenship). I am assuming that you have 3kids since you have mentioned a household of 5. U.S citizens don't need to fill in i-864 (affidavit of support) and those who are less than 18 and and biological or adopted children of U.S citizens need to fill exemption form I-864w upon meeting certain conditions. http://www.uscis.gov/files/form/i-864w.pdf

You can use your assets as long as they beat the poverty line multiples. But you can also use a joint sponsor depending upon your friends income.For her household would be 5+ any other dependant she mentioned on her Tax returns(could be her parents or anyone else). But assuming her household is 5 and including you it would count as 6, as your kids are exempt from AOS. you may need to file I-864W for kids if they meet the requirement. Your husband will need to file AOS too as he will be the principal sponsor.

Edited February 26, 2012 by moonhealer

[VanessaTony 3,567]

The joint sponsor will need 125% of HER household size PLUS any immigrants (non-USC's). The USC's wouldn't count in her count but they would in yours because they're your dependents.

Your assets SHOULD be enough so what you could do is submit it with assets only and if you get RFE'd use your joint sponsors info (as long as she passes the levels).

Also, you said your 2 older children are USC's already, any reason why the other one isn't? If the other one is eligible you will need to get that sorted 'cause a USC won't be permitted a visa to enter the US and you'll be forced to do it anyway.

[axa2000 2]

Hi Everyone,

Long time reader, first time poster.

I have finally gathered all my paperwork to submit my Form I-130 tomorrow (excited but nervous).

I know I am jumping the gun slightly but I have a few questions about AOS.

My USC Husband was born in Holland and has lived in Aus his whole life (with the exception of 1 year when he went to college in Idaho). We are submitting our paperwork from Australia directly to the Chicago Lock Box. I am anticipating that the most difficult part is going to be the AOS for two reasons:

1. we have to establish domicile (or intent to re-establish domicile)

2. we are working through this process from Australia (without US based jobs or income sources)

We are putting the wheels in motion in terms of re-establishing domicile (setting up US bank accounts, enrolling kids into school, looking for houses and job, registering to vote etc) so that shouldn't be too hard right? but what I am concerned about is the income level required.

Is it possible to pass the AOS with assets (australian based but can be liquified within 12 months) alone? We have well in excess of 5 times the poverty line for a household of 5 in assets but I need to know if that will be enough or if we will need a joint sponsor?

Also, if we are go get a joint sponsor it will be my best friend in California who has a household of 3 people. Does that mean that she needs an income of 125% above the poverty line for a household of 8 (including my 5). Just to complicate things further, my two older children are US citizens already and wouldn't be included in the application so - will that affect the household number size?

sorry for all the silly questions, I have been reading the forums for weeks now but can't really find a case exactly like mine.

Any assistance would be greatly appreciated.

Thanks

Nat

Hi Nat,

I am in the same position like you and I see in your forum signature that at the end you used a co-sponsor. Did you tried without a co-sponsor and they asked for one or you decided that is more safe to use one from the begining?

Thank you

Dan

[austex 42]

We had the same thing a couple of months ago.. Yes your assets are enough. We are a family of 3 and had to have 72k in assets and as soon as I had that I got my visa.

As long as you have the amount of the poverty guide in assets you won't need a co-sponsor. We didn't have to have one and don't have one.

Our daughter is a USC, as is my Husband so all we used was the upcoming sale of our house. I went for the interview and we misunderstood the poverty guide but anyway they explained what I am saying now and within a week of showing them the valuation of our house (which was already on the market) I got my visa -no co-sponsor just assets.

M.

[Darnell 8,479]

as long as the assets are

1. in a usa bank and

2. in the uscitizen's name, solely,

then, it's countable on the I-864 using the 1/3 rule.

[usbridetobe 3]

as long as the assets are

1. in a usa bank and

2. in the uscitizen's name, solely,

then, it's countable on the I-864 using the 1/3 rule.

Do they have to be in the USC name.

I (non USC) want to use my assets . They are in a US Bank in my name . I thought that would be ok ?

[Darnell 8,479]

I thought that would be ok ?

why? list your source document so we can vette it for you.

[usbridetobe 3]

why? list your source document so we can vette it for you.

Sorry i dont understand. What source document?

I havent seen anything that differentiates between USC or the NON USC having assets. Surely if the non usc has assets they wont be a drain on the govt.

Just a thought .

We are filing for K1 129F . Does that make a difference ? I see the OP is already married .

[Darnell 8,479]

I havent seen anything that differentiates between USC or the NON USC having assets.

OK !

[austex 42]

Darnell, I disagree the assets do not have to be in a US bank. We just used the appraisal of our house in Brisbane Australia as we have no assets in the USA. As long as you have the right amount not to be a drain on the US Government.

I have the paperwork to say that we can use foreign assets from the US Consulate in Sydney and we did and I got my visa.

Also the assets are in both of our names not just the USC.

M.

Edited July 10, 2013 by austex

[VanessaTony 3,567]

Sorry i dont understand. What source document?

I havent seen anything that differentiates between USC or the NON USC having assets. Surely if the non usc has assets they wont be a drain on the govt.

Just a thought .

We are filing for K1 129F . Does that make a difference ? I see the OP is already married .

As long as you can prove that it's been there for a while (or the history of it) then it should be fine. The problem with using money is when it "suddenly" appears in your account.

[usbridetobe 3]

As long as you can prove that it's been there for a while (or the history of it) then it should be fine. The problem with using money is when it "suddenly" appears in your account.

Thats really helpful, thanks so much.

The funds have been in the US bank account there for more than 2 years so i hope that will be ok.