Affidavit of Support Rules

[bsd058 296]

Hi.

I'm trying to understand the instructions of the I-865. My wife currently works with me in an insurance office and earns well above what is required. I'm trying to figure out if we can use her current income to submit the I-865. I work in the same office in sales and earn quite a bit more, but I cannot use my income per the instructions found here.

According to these instructions, we can use her income in the affidavit of support, and it does not state that the money must be earned while being present in the US. So I'm wondering if we are able to use her income while she is here in Canada as long as we filed taxes for her for the years she has been here.

Also, the following question was answered at http://travel.state.gov/visa/immigrants/info/info_3183.html#5:

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No, the law does not recognize offers of employment in place of the I-864.

A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.

My interpretation is that you must still file an I-864 (there is no substitute for it); but a job offer can be used to prove a sponsor's income. Perhaps the part where it says that a job offer "does not meet any I-864 requirement" actually means that a job offer cannot be used to prove income? If it means that, then I'm not sure what they mean by saying that a job offer "may show ability of the applicant to overcome ineligibility as a public charge."

Anyone care to elaborate?

Edited March 24, 2012 by bsd058

[VanessaTony 3,567]

Sorry but you can't use foreign income for the I-864. She needs to move back to the US and work (re-establish domicile) so she'll be losing her overseas job. If instead they're transferring her to the US and she can show evidence that the income will continue then she can use it. Otherwise, you will need a co-sponsor.

The second portion about the offer of employment... you're right. The offer of employment won't get over the requirement to show that you earn enough to support yourself so you still need to prove that, but it CAN help show that you're not going to become a public charge (which makes you ineligible for a visa/immigration benefit). Here is the info on public charge: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

So to expand a little further. There are things called "means tested benefits" that if you, the immigrant, uses your sponsor/s would have to repay to the government but you're not eligible anyway for 5 years. Means tested benefits don't automatically mean you're a public charge but if you DO use a benefit that would make you a public charge you can become ineligible for immigration benefits (so it's very important to know before using a benefit what it means for your immigration status). Here's another fact sheet: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Hope that helps

[bsd058 296]

Ya it does. I guess I was just trying to find an easier way to meet the requirements.

I wonder if we could count net rental income. We are planning on renting our current place out for $500/month profit (we live in a booming city right now), but our home only has about $40,000 CAD equity. If we decide to move out in order to rent our property out before we move to the US, then possibly we could use the net rental income (rental income after expenses like mortgage, insurance, and condo fees) to lower the requirement of our income.

$6000 CAD/year net rental income is $6000 / 1.029 (average 2011 exchange rate between USD and CAD per IRS website) = $5830.90 USD

The new amount I would need to satisfy would be 3 x ($18912 - $5830.90) = $39243.30

This amount would be $40381.36 CAD if using the IRS average exchange rate for 2011.

Then I could use the amount remaining in my bank accounts and stocks to make up for any minor differences possibly.

What do you think?

Edited March 24, 2012 by bsd058

[sheeshkabelle 153]

Ya it does. I guess I was just trying to find an easier way to meet the requirements.

I wonder if we could count net rental income. We are planning on renting our current place out for $500/month profit (we live in a booming city right now), but our home only has about $40,000 CAD equity. If we decide to move out in order to rent our property out before we move to the US, then possibly we could use the net rental income (rental income after expenses like mortgage, insurance, and condo fees) to lower the requirement of our income.

$6000 CAD/year net rental income is $6000 / 1.029 (average 2011 exchange rate between USD and CAD per IRS website) = $5830.90 USD

The new amount I would need to satisfy would be 3 x ($18912 - $5830.90) = $39243.30

This amount would be $40381.36 CAD if using the IRS average exchange rate for 2011.

Then I could use the amount remaining in my bank accounts and stocks to make up for any minor differences possibly.

What do you think?

As long as you can prove that the rental income will be consistent, it should not be a problem.

If you can get enough together in assets you will be fine. Keep in mind that you have to prove every little thing you claim, so you will need statements from the banking institutions with a signature. Even the equity in the home will need a recent (six months) appraisal to show what it is worth and subtract the mortgage amount owed.

A job offer certainly helps, but can not be used on it's own.

[bsd058 296]

Thank you Sheesh and Vanessa! On a side note, I just found out that if I am going to use rental income for the property I would rent out, then I can't use the equity in that same property (and vice verse), because if I sold the property, then the rental income would cease. I will check with the USCIS call centre and see if this is really a rule for rental proerties. It's just something I've seen on a couple of boards. Again, thank you all for your help!! It turns out that my wife and I may just need to save a little longer before we apply just to be on the safe side. Her moving and working before I move is not going to be reality in our situation. We couldn't handle being apart for longer than a few days, maybe a week. It's really too difficult for us. We've been married for like 3 years, but we're still inseparable. On top of that, she is very delicate emotionally (anxious) and needs me to help with daily stuff.

Edited March 26, 2012 by bsd058