I-864 Affidavit of Support

[liz&andrew 0]

Hi,

I am applying for a CR1 visa for my husband, who is Australian. Our case was moved from The USCIS to the NVC about 6 weeks ago. We paid both the affidavit of support fee and the visa application processing fee several weeks ago, and I assumed that the next step was to wait for the next packet of documents (which, according to my understanding is the I-864, the D-230 (pat I & II), and the Of-169 forms) to arrive by post to my home because I am the agent for this case. I have yet to receive any of these documents. Should I thus print out the online version of these three forms instead and send it via post? Do I send in all of these forms simultaneously? Or is it more important to send in the I-864 first?

2) Regarding the Affadavit of Support, I am petitioner for my husband. I have not made 125% of the poverty line for the past three years, but he has savings and income of well above that amount. Can his assets/income be used towards my worth regarding the Affadavit of support? Or alternatively can he be a sponsor even though he himself is the Principal Applicant? Or do I have to find another sponsor who is an American citizen?

Thank you for your help.

Liz & Andrew

[celinayfran 2]

Hi!

You can just download the forms online, fill them out electronically and print them. Dont forget to print your barcoded invoices for the AOS and IV fees. At this point the IV and AOS become two seperate processes. If you havent already,you can start gathering all the documents you need for both.

Check out the easy spouse guide for more info, there is a link to a more detailed guide on the bottom.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

2) As far as AOS Im sorry I cant offer you a specific answer, check out the instructions on the State Dept website. I believe he can use assets in US (bank acocunt in US for example) and his income only if he can prove that his income will continue once he is in the US, if not already. More info about your case will help someone better answer your Q. In the case you can combine income, he would file I-864A.

[Darnell 8,479]

wait on nothing more, yer really not supposed to wait after paying the fees.

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

[Ryan H 3,834]

I am applying for a CR1 visa for my husband, who is Australian.

Your husband is the one who will apply for the visa, you filed the petition.

Our case was moved from The USCIS to the NVC about 6 weeks ago. We paid both the affidavit of support fee and the visa application processing fee several weeks ago, and I assumed that the next step was to wait for the next packet of documents (which, according to my understanding is the I-864, the D-230 (pat I & II), and the Of-169 forms) to arrive by post to my home because I am the agent for this case. I have yet to receive any of these documents. Should I thus print out the online version of these three forms instead and send it via post? Do I send in all of these forms simultaneously? Or is it more important to send in the I-864 first?

As others have already pointed out, don't wait to receive any forms, you can download them online, fill them out accordingly, and submit them with the required documentation. Affidavit of Support (I-864) and the Immigrant Visa application (DS-230) are separate tracks, it does not matter which one is sent first; if you submit both packages at the same time, they must be in separate envelopes. Furthermore, the fees for each track must be paid and also show that the payment has gone through before the forms and documents can be submitted.

2) Regarding the Affadavit of Support, I am petitioner for my husband. I have not made 125% of the poverty line for the past three years, but he has savings and income of well above that amount. Can his assets/income be used towards my worth regarding the Affadavit of support? Or alternatively can he be a sponsor even though he himself is the Principal Applicant? Or do I have to find another sponsor who is an American citizen?

His income can only be counted if that source of income will continue after his arrival in the US, if that source of income will not continue, then it cannot be counted. As for his assets, are they transferable? If so, then you will need to refer to the I-864 instructions regarding use of assets. If they are not transferable, then they cannot be counted.