I-864

[petitchours 0]

Hello guys,

My wife and I just got the NOA2 (I130 approuved) from the NBC very fast. We are now waiting for the package from the NVC.

According to the VJ guide, we need to fill an I-864. I read about it and it look very tricky to me...

Here is my plan :

My wife (the I-130 petitioner) will fill the I-864, we live together in France so we can't show US income. So we need to show sufficient assets.

We need to show "three times the difference between the poverty guideline and actual household income." which means :

100% poverty guideline (for 2 people) = $15,510 - US income (0$)

$15,510 x 3 : $46530

I do have it on a bank account.

So my wife will be my sponsor and I will use MY assets.

1)Is it a problem if she isn't residing in the US currently ?

2)Do I need to fill an I-864 or just evidence of my bank account ?

Thanks for your help.

Edited February 21, 2013 by petitchours

[MeredythB 38]

Hello guys,

My wife and I just got the NOA2 (I130 approuved) from the NBC very fast. We are now waiting for the package from the NVC.

According to the VJ guide, we need to fill an I-864. I read about it and it look very tricky to me...

Here is my plan :

My wife (the I-130 petitioner) will fill the I-864, we live together in France so we can't show US income. So we need to show sufficient assets.

We need to show "three times the difference between the poverty guideline and actual household income." which means :

100% poverty guideline (for 2 people) = $15,510 - US income (0$)

$15,510 x 3 : $46530

I do have it on a bank account.

So my wife will be my sponsor and I will use MY assets.

1)Is it a problem if she isn't residing in the US currently ?

2)Do I need to fill an I-864 or just evidence of my bank account ?

Thanks for your help.

You don't need to wait for a package from NVC. Go to the link below, as it has loads of useful information. It will help you get through this next stage. Oh, and you'll need 3 times 125% of the poverty level to use assets to qualify. I think it's around 19k for 2 people, so close to 60k total. Good luck on your journey!

http://www.visajourney.com/forums/topic/412212-nvc-filers-february-2013/

Edited February 21, 2013 by MeredythB

[Penguin_ie 5,993]

It is up to the embassy whether they accept foreign assets; I know Ireland only accepts US based assets/ accounts. If an embassy accepts foreign assets, they usually want to see x5, not just x3 the income guideline and as mentioned by the previous post, it is 125% of the income level so more than your calculation. I would strongly recommend moving the savings to a US bank account, ideally a joint one- that will also clearly show your wife's intent to re-establish domicile in the USA.

[petitchours 0]

Oh, and you'll need 3 times 125% of the poverty level to use assets to qualify. I think it's around 19k for 2 people, so close to 60k total.

I'm sorry but on the I-864 instruction (chapter 29) it says :

"the difference between your total household income and the current poverty guidelines for the household size. However, of you are a US citizen and you are sponsoring your spouse or minor child, the toal value of your assets must only be equal to at least three times the difference"

and here (I can't post link !!) on the USCIS website "Home > Green Card > Green Card Processes and Procedures > Affidavit of Support":

it says "The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household."

There is a big difference !

Edited February 21, 2013 by petitchours

[MeredythB 38]

I'm sorry but on the I-864 instruction (chapter 29) it says :

"the difference between your total household income and the current poverty guidelines for the household size. However, of you are a US citizen and you are sponsoring your spouse or minor child, the toal value of your assets must only be equal to at least three times the difference"

and here (I can't post link !!) on the USCIS website "Home > Green Card > Green Card Processes and Procedures > Affidavit of Support":

it says "The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household."

There is a big difference !

Yes, you stated that your wife had US$0 income. So in order to qualify based on assets, since she is sponsoring you (her spouse), you will have to show assets in the amount of 3x 125% of the poverty guidelines for a family of 2. 125% of $15510 is $19387.50. You will need 3x that amount, or $58162.50. Truthfully, it would probably be better to have more than that, just to be on the safe side. Or, you can get a joint sponsor.

[petitchours 0]

Ok thanks for your help guys.

I think we need a joint sponsor ...

Another question : my wife MUST be my sponsor, am I right ? even if she live with me in France ?

Thank you.

[Penguin_ie 5,993]

Yes, as the petitioner she is always the primary sponsor, even if both her income and assets are zero.

[petitchours 0]

Yes, as the petitioner she is always the primary sponsor, even if both her income and assets are zero.

Ok great, thank you