I864 - Petitioner Is Technically The Burden

[callsignapollo 1]

Hi All,

Just being proactive while we wait for our NOA2.. and the I864 has me confused given our situation is a bit upside-down compared to the majority of immigrants I suppose.

My wife (USC, petitioner) moved to Australia to live with me as soon as she finished college. Currently a housewife in Australia (ie. no income!).

I do well for myself, and I have quite a bit in the bank (I know "well" and "quite a bit" is subjective, but I don't really want to put those details on here). The Australian bank accounts are still in my name because we saw no reason to change them over.

So my question is, will I (the immigrant), be able to carry the affidavit of support or will we need the parents in law to co-sponsor?

callsignapollo

[hktw 7]

Hi All,

Just being proactive while we wait for our NOA2.. and the I864 has me confused given our situation is a bit upside-down compared to the majority of immigrants I suppose.

My wife (USC, petitioner) moved to Australia to live with me as soon as she finished college. Currently a housewife in Australia (ie. no income!).

I do well for myself, and I have quite a bit in the bank (I know "well" and "quite a bit" is subjective, but I don't really want to put those details on here). The Australian bank accounts are still in my name because we saw no reason to change them over.

So my question is, will I (the immigrant), be able to carry the affidavit of support or will we need the parents in law to co-sponsor?

callsignapollo

affidavit of support is for your wife (USC, petitioner) to do.

And if she doesn't have enough income then the petition needs co-sponsor.

http://www.visajourney.com/content/support

I did some research, you can know more about affidavit of support.

Good luck

[callsignapollo 1]

affidavit of support is for your wife (USC, petitioner) to do.

I understand that. My question is that given she cannot meet the affidavit income requirements, can I meet them myself?

The I-864 Instruction Form states:

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

• Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A;
  
• Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.
  
• The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant;
  
• A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines. See question below for more information on joint sponsors.

So it sounds like I may be able to, but has anyone actually been in this situation?

Edited July 26, 2012 by callsignapollo

[Anh map 2,098]

Hi All,

Just being proactive while we wait for our NOA2.. and the I864 has me confused given our situation is a bit upside-down compared to the majority of immigrants I suppose.

My wife (USC, petitioner) moved to Australia to live with me as soon as she finished college. Currently a housewife in Australia (ie. no income!).

I do well for myself, and I have quite a bit in the bank (I know "well" and "quite a bit" is subjective, but I don't really want to put those details on here). The Australian bank accounts are still in my name because we saw no reason to change them over.

So my question is, will I (the immigrant), be able to carry the affidavit of support or will we need the parents in law to co-sponsor?

callsignapollo

Will your income continue from the same source upon moving to the US? If yes, then it can be added to your wife's affidavit of support. If no, then she still completes the form and a joint sponsor will need to be secured.

To qualify on savings approximately $95,000 USD would be required. (Less if the cash was held in the US)

[callsignapollo 1]

Will your income continue from the same source upon moving to the US? If yes, then it can be added to your wife's affidavit of support. If no, then she still completes the form and a joint sponsor will need to be secured.

No, not my employment income (well, of course it will when I get another job, niche telecommunications ftw, but I know that they are looking for guarantees).

To qualify on savings approximately $95,000 USD would be required. (Less if the cash was held in the US)

Source? I have quite a bit more than that, though it's all in my name. I don't own a home or anything like that. My primary asset is my savings.

My savings are in a term deposit, earning me around $18000AUD gross per year (which will continue after I relocate).

The parents in law (both USC), are more than happy to co-sponsor if required. However, I'm a grown #### man and I would prefer it if the affidavit was only tied to my wife and I.

[Anh map 2,098]

No, not my employment income (well, of course it will when I get another job, niche telecommunications ftw, but I know that they are looking for guarantees).

Source? I have quite a bit more than that, though it's all in my name. I don't own a home or anything like that. My primary asset is my savings.

My savings are in a term deposit, earning me around $18000AUD gross per year (which will continue after I relocate).

The parents in law (both USC), are more than happy to co-sponsor if required. However, I'm a grown #### man and I would prefer it if the affidavit was only tied to my wife and I.

Continuing income is what is evaluated.

Assets held outside the US are less likely to be accepted. Reason being that if the affidavit needs to be enforced it's difficult to get at assets located outside of US jurisdiction. Also, if the assets are located in the US then they are valued at a 3:1 ratio rather than 5:1.

Read the form instructions as well as the I-864 FAQ link in my signature below for more information.

[callsignapollo 1]

Thank you for your help.

I spoke to the in-laws, and they are more than happy to co-sponsor as expected so given the above, we may just go ahead and do that so as to avoid any delays in processing.

The I-864A instructions do not list a requirement for proof of identity for the sponsor. Will the co-sponsor be required to submit a birth certificate/passport copy or is the I-864A plus IRS returns sufficient?

Can the co-sponsors AOS packet be mailed separate to the primary sponsors AOS packet? I ask because, my wife and I are abroad. Mailing documents to Australia to mail them back to the US is getting annoying

[courtabee 0]

Thank you for your help.

I spoke to the in-laws, and they are more than happy to co-sponsor as expected so given the above, we may just go ahead and do that so as to avoid any delays in processing.

The I-864A instructions do not list a requirement for proof of identity for the sponsor. Will the co-sponsor be required to submit a birth certificate/passport copy or is the I-864A plus IRS returns sufficient?

Can the co-sponsors AOS packet be mailed separate to the primary sponsors AOS packet? I ask because, my wife and I are abroad. Mailing documents to Australia to mail them back to the US is getting annoying

It is to my understanding that the co-sponsor must be a US Citizen, naturalized or permanent resident. When your wife fills out the primary I-864 she could include your assets, but it is not necessary and if the parent-in-law meets the requirements that is enough. They recommend not to include additional information if you do not need it to qualify. Make it as simple as possible. The documents your co-sponsor needs are proof of employment and proof of citizenship i.e. birth cert or passport. Have ready the sponsor's (your wife's) last three years of tax information including the most recent year's tax transcripts (though she is not working I am sure she still filed taxes for the US) and dido for the co-sponsor. You can get free copies at irs.gov. Hope this helps.

[courtabee 0]

It is to my understanding that the co-sponsor must be a US Citizen, naturalized or permanent resident. When your wife fills out the primary I-864 she could include your assets, but it is not necessary and if the parent-in-law meets the requirements that is enough. They recommend not to include additional information if you do not need it to qualify. Make it as simple as possible. The documents your co-sponsor needs are proof of employment and proof of citizenship i.e. birth cert or passport. Have ready the sponsor's (your wife's) last three years of tax information including the most recent year's tax transcripts (though she is not working I am sure she still filed taxes for the US) and dido for the co-sponsor. You can get free copies at irs.gov. Hope this helps.

Oh! Also, do not feel emasculated that you require their signature for the AOS. I had to ask my Dad for my husband and I hired a lawyer just to explain the details of the actual responsibility. It is minimal and in worse case scenario and you are an evil man and come to the US and leave your wife and go to the government and ask for assistance because you do not want to work, the government would not give you much... maybe $300 or a little more and it would be temporary, so your wife's parents would be stuck with a minimal monthly bill that would be overshadowed, I am sure, by emotions for their daughter. Really, without their co-sponsorship you would b up the creek. Proving that assets can be substituted for income (which your wife does not have) is very difficult.

[callsignapollo 1]

Thank you for the replies.

My father in law is going to co-sponsor with my wife. However, the paperwork is mighty confusing (apart from the obvious IRS/identification).

Am I correct in understanding the I-864A is only required if you are a household member?

My wife (the USC) and I are currently living abroad. The father in law (intended co-sponsor), lives in the US. However, our intended US domicile is the address of the parents in law.

So, does that make our co-sponsor a joint sponsor, or a household member?

(or, if there is a guide that covers this situation, please point me to it! )

EDIT: basically I am trying to work out if he needs to fill out form I-864, I-864A, or both.

Edited July 30, 2012 by callsignapollo

[callsignapollo 1]

EDIT: basically I am trying to work out if he needs to fill out form I-864, I-864A, or both.

I called the NVC. I felt like I was asking for national secrets haha. They won't actually tell me/discuss the requirements with me!

"..we can't tell you that sir, they are legal documents, we can't tell you which ones to fill out.."

I was basically told to RTFM - I wonder if anyone at the NVC has actually looked at the instructions for these documents?

[callsignapollo 1]

I just received a response from the Sydney Consulate.

All applicants are required to submit an I-864, must also provide their petitioner’s tax returns from the most recent tax year unless they are not required to file. The only people not required to file are those whose total income, including that from foreign sources, is less than shown on the table (please refer to the attached “I-864 Tax Information”)

As we are unable to use petitioning relative’s Australian income earned to meet the poverty guidelines, we will need proof of assets.

Alternatively, if you are unable to provide enough assets to qualify, you should provide documentation for a Joint Sponsor (including but not limited to an I-864, 2011/2010/2009 U.S. Federal Tax Returns [including W2] and evidence of their U.S. citizenship or LPR status).

I'm not quite sure why the table amounts differ from the current I-864P, perhaps they are sending me old documentation.

I am still going to have the father-in-law fill out an I-864, and provide his IRS returns and birth certificate. I would rather be prepared in case they do not accept my foreign assets.

[stephanie918 46]

On 8/3/2012 at 1:48 PM, callsignapollo said:

I just received a response from the Sydney Consulate.

I'm not quite sure why the table amounts differ from the current I-864P, perhaps they are sending me old documentation.

I am still going to have the father-in-law fill out an I-864, and provide his IRS returns and birth certificate. I would rather be prepared in case they do not accept my foreign assets.

Hi, i'm in the same situation....how did things end up? we're hoping to use foreign assets, but if not, have a joint sponsor ready

[Hank_ 9,174]

Might not get an answer, that is  7 year old topic

[callsignapollo 1]

6 hours ago, stephanie918 said:

Hi, i'm in the same situation....how did things end up? we're hoping to use foreign assets, but if not, have a joint sponsor ready

 

It was such a long time ago that I honestly don't remember the specific reasoning - but they did not accept our foreign assets (which were in fact substantial).They had to be stateside assets to be accepted. My father-in-law ended up having to sponsor me for ten years (ie. in case of job loss/hardship, he is financially responsible for me and I am not eligible for welfare etc). I remind him of this every time he trash talks my golf game.

 

4 hours ago, Hank_ said:

Might not get an answer, that is  7 year old topic

:)