Affidevit of Support

[Aftab N Sadia 0]

Hi All,

I just sent my I-130 a few days ago and i am planning to go K3 way.

This forum is a great source to learn about this process i appreciate effort of the administrators.

So far a question have popped up in my mind, it goes like will i have to submit Affidevit of support and related documents again while filing for my husbands adjustment of status?

Regards,

Sadia Aftab Ahmed

[jsassman 1]

Yes, as far as I know, you will need to submit the long I-864, notorized version along with the AOS application--unless the process somehow changes in the meantime--you are talking approximately 1.5 years hence, so many variables enter in. This Affidavit of Support is a contract between you and the U.S. State Department to provide support for the beneficiary for 10 years.

[aussiewench 9]

Sadia Aftab Ahmed

An affidavit of support will be required again at the adjustment of status stage after entry on the K-3. The I-134 that is submitted for the visa is only to assist a conof in determining if the visa applicant (your spouse) will or wont become a public charge. The affidavit of support used for the adjustment of status process or if entering on an immigrant visa (IR/CR-1) is the I-864 which is a legally binding document. It is no longer required that it be notorized. You also now have the option of filing an I-864EZ. You can read more on the final rule regarding the affidavit of support in the link below.

http://www.visajourney.com/forums/index.php?s=&showtopic=4054&view=findpost&p=292751

[Aftab N Sadia 0]

Thank you all,

aussiewench, after going through the document u refered me to, i have another question,

@ 1 place it says that if i have to include my assets to make up for the difference between minimum income required and my current income, i need to have 5 times of that difference as cash value of my assets, then it also says that if i am a US citizen, i need to have 3 times of the difference as cash value of my assets?

Hey, my husband also sends me money from overseas which i use in my house hold, can i include that in my income?

Thanks again!

sadia!

[Shakil 4]

Dear Ms. Ahmed,

You cannot use any other income which you cannot prove. In this case the question is that "do you show that money you got from your husband in your tax return". Your income has to be somewhat the same as your tax return otherwise its going to raise some eyebrows. You can use his income and assets as well, look into that. Also you are from Pakistan and so am I, if you cannot use your own income then maybe you can use your parents or someone in the family / relatives as a joint sponsor.

Best of Luck,

Best Regards,

Shakil

[faal4anisa 0]

Hi

Yes u need a new affidavit of support for the AOS the one u send to PAKISTAN that is used there. I am also Pakistani and my petition on way to islamabad hoping soon i get my packet 3 and later hear about my interview date. Can i see your timeline how it goes Thanks

[Jeff and Boo 0]

Dear Ms. Ahmed,

You cannot use any other income which you cannot prove. In this case the question is that "do you show that money you got from your husband in your tax return". Your income has to be somewhat the same as your tax return otherwise its going to raise some eyebrows. You can use his income and assets as well, look into that. Also you are from Pakistan and so am I, if you cannot use your own income then maybe you can use your parents or someone in the family / relatives as a joint sponsor.

Best of Luck,

Best Regards,

Shakil

HEY SHAKIL.. I NOTICED WE HAVE THE SAME PLACE OF WHERE WE FILED OUR i-129F.. GOT ANY GOOD NEWS.. PLS LET ME KNOW COZ I AM ALSO TRACKING TIMELINE....

THANKS,

BOO WILSON

[Yodrak 7]

Sadia,

If I correctly understand what you've written, you cannot use the money that your husband sends you from overseas unless that income will continue after he enters the USA. What needs to be demonstrated is that after he enters he will not become a public charge, and money that he is earning overseas today will generally cease when he moves to the USA.

Yodrak

Thank you all,

aussiewench, after going through the document u refered me to, i have another question,

@ 1 place it says that if i have to include my assets to make up for the difference between minimum income required and my current income, i need to have 5 times of that difference as cash value of my assets, then it also says that if i am a US citizen, i need to have 3 times of the difference as cash value of my assets?

Hey, my husband also sends me money from overseas which i use in my house hold, can i include that in my income?

Thanks again!

sadia!

[Kakya vstrecha! 0]

Sadia Aftab Ahmed

An affidavit of support will be required again at the adjustment of status stage after entry on the K-3. The I-134 that is submitted for the visa is only to assist a conof in determining if the visa applicant (your spouse) will or wont become a public charge. The affidavit of support used for the adjustment of status process or if entering on an immigrant visa (IR/CR-1) is the I-864 which is a legally binding document. It is no longer required that it be notorized. You also now have the option of filing an I-864EZ. You can read more on the final rule regarding the affidavit of support in the link below.

http://www.visajourney.com/forums/index.php?s=&showtopic=4054&view=findpost&p=292751

so there is nothing legally binding to a co-sponsor used for the I-134 at the fiance's consular interview whatsoever? i need to use a co-sponsor for that stage right now, but by the time i need to do adjustment of status and fill out the I-864, my financial situation will not necessitate using a co-sponsor.

Edited November 29, 2006 by mozzer1

[Aftab N Sadia 0]

1 of my question remain un-answered..

that is do i need 3 times of the difference between minimum income required or 5 times of the difference in my assets cash value(I am a US citizen)? I will easily qualify to sponsor my husband after adding my assets(i will prefer not to have any co-sponsor ...)but i am just curious about this 3 or 5 time stuff.... so that i can be sure i am well above the minimum requirement.

thanks for the insight from all fellow vjs

Sadia!

Edited November 29, 2006 by Sadia Ahmed

[aussiewench 9]

Sadia Aftab Ahmed

An affidavit of support will be required again at the adjustment of status stage after entry on the K-3. The I-134 that is submitted for the visa is only to assist a conof in determining if the visa applicant (your spouse) will or wont become a public charge. The affidavit of support used for the adjustment of status process or if entering on an immigrant visa (IR/CR-1) is the I-864 which is a legally binding document. It is no longer required that it be notorized. You also now have the option of filing an I-864EZ. You can read more on the final rule regarding the affidavit of support in the link below.

http://www.visajourney.com/forums/index.php?s=&showtopic=4054&view=findpost&p=292751

so there is nothing legally binding to a co-sponsor used for the I-134 at the fiance's consular interview whatsoever? i need to use a co-sponsor for that stage right now, but by the time i need to do adjustment of status and fill out the I-864, my financial situation will not necessitate using a co-sponsor.

Correct. Which is why the I-864 came about.

1 of my question remain un-answered..

that is do i need 3 times of the difference between minimum income required or 5 times of the difference in my assets cash value(I am a US citizen)? I will easily qualify to sponsor my husband after adding my assets(i will prefer not to have any co-sponsor ...)but i am just curious about this 3 or 5 time stuff.... so that i can be sure i am well above the minimum requirement.

thanks for the insight from all fellow vjs

Sadia!

From the Final Rules....

Q. My sponsor and/or joint sponsor is using significant assets as part of his affidavit of support. Does the final rule change the requirements for significant assets?

A. Yes. The final rule reduces the value of assets that immediate relative spouses and children of U.S. citizens must have to fill the gap between earned income and the poverty guidelines from five times the difference to three. The gap is reduced further for those sponsoring adopted children who will qualify for citizenship under the Child Citizenship Act, but who do not qualify immediately upon entry.

Take the difference between your earned income and the poverty level and multiply it by 3. That is the value of assets you will need to meet the guidelines.

Example for a Household of 4:

125% Poverty Guideline........$25,000 (2006)

Sponsor’s Income..............$18,000

Difference.....................$7,000

Multiply by 3..................X 3

Minimum Required Cash

Value of Assets...............$21,000

Edited November 29, 2006 by aussiewench

[Aftab N Sadia 0]

Thanks again aussiewench.

Sadia1

[Kakya vstrecha! 0]

yes, thank you very much too. aussiewench, yr the best.

[Yodrak 7]

Sadia,

Point of clarification. The rule that aussiewench references applies to I-864. If your husband will be applying for a K3 visa, a non-immigrant visa, that rule does not apply. There is no rule equating assets to income for non-immigrant visas. (Unless, perhaps, the particular consulate has created their own rule.)

Lacking a rule, the consular officer may fall back on the I-864 rule - or they may not. You cannot be sure what will happen until the consular officer considers the information that you provide and makes their decision.

Yodrak

1 of my question remain un-answered..

that is do i need 3 times of the difference between minimum income required or 5 times of the difference in my assets cash value(I am a US citizen)? I will easily qualify to sponsor my husband after adding my assets(i will prefer not to have any co-sponsor ...)but i am just curious about this 3 or 5 time stuff.... so that i can be sure i am well above the minimum requirement.

thanks for the insight from all fellow vjs

Sadia!

From the Final Rules....

Q. My sponsor and/or joint sponsor is using significant assets as part of his affidavit of support. Does the final rule change the requirements for significant assets?

A. Yes. The final rule reduces the value of assets that immediate relative spouses and children of U.S. citizens must have to fill the gap between earned income and the poverty guidelines from five times the difference to three. The gap is reduced further for those sponsoring adopted children who will qualify for citizenship under the Child Citizenship Act, but who do not qualify immediately upon entry.

....

Edited November 29, 2006 by Yodrak