I-864

[Sven 0]

Hello, me and my girlfriend are still students but we want to marry. She is working right now but is planning on going back to College next semester. She dosen't know yet but maybe she will stop working because they cant give her a decent work schedule. anyways, I do not want to put pressure on her. My parents could provide the 85 000 that we would need to sponsor me if she has no income ( 5 times poverty limit). I would like to know if that is possibile at all? Have heard of it that you can subistitute the income completely but I'm not sure.

thank you for your help !

[no name 1]

Hello, me and my girlfriend are still students but we want to marry. She is working right now but is planning on going back to College next semester. She dosen't know yet but maybe she will stop working because they cant give her a decent work schedule. anyways, I do not want to put pressure on her. My parents could provide the 85 000 that we would need to sponsor me if she has no income ( 5 times poverty limit). I would like to know if that is possibile at all? Have heard of it that you can subistitute the income completely but I'm not sure.

thank you for your help !

[Keigwyn 1]

I would look at the possibility of a co-sponsor.

[rebeccajo 14]

Your parents can't sponsor you unless they are US Citizens.

Edited December 4, 2006 by rebeccajo

[Sven 0]

I didn't say my parents will sponsor me. They would provide me the money to meet the asset requirments.

Well the thing is.. she dosent't get along with her parents very well so we don't want to ask them. Would have some friends tho who would do that but in that case he/she must sponsor her too and not only me. We don't want to get them involved this much. That's why the idea with the assets came up.

I did read the guides but it dosent really tell yes or not. So far I understand it's possibile but they might deny it?

Edited December 4, 2006 by Sven

[rebeccajo 14]

You said your parents could provide the $85,000. You didn't say what you'd be doing with it.

If you are legally working by the time you file the I-864 your verifiable income can count.

Edited December 4, 2006 by rebeccajo

[Sven 0]

You said your parents could provide the $85,000. You didn't say what you'd be doing with it.

If you are legally working by the time you file the I-864 your verifiable income can count.

We would put the money into her bank account so it would be the assests of the USC. I am on a student visa so I can not work I was thinking about that too but you cant get a working permit without a pending AOS which requires the I-864..u know.

Edited December 4, 2006 by Sven

[rebeccajo 14]

You said your parents could provide the $85,000. You didn't say what you'd be doing with it.

If you are legally working by the time you file the I-864 your verifiable income can count.

We would put the money into her bank account so it would be the assests of the USC. I am on a student visa so I can not work

You can re-submit a new I-864 when you go for your interview.

Edited December 4, 2006 by rebeccajo

[Sven 0]

Well ok. Im a student too. 6,5 an hour/20h a week.. Thats only 6200 gross income a year. Well its an income but not really high. That wouldn't matter?

[rebeccajo 14]

Well ok. Im a student too. 6,5 an hour/20h a week.. Thats only 6200 gross income a year. Well its an income but not really high. That wouldn't matter?

I'd say you two need to weigh the pros and cons of her continuing to work, and add your income to hers. That way if her work schedule is eratic (insufficient) you'd be covered.

If you are intending to use assets as a portion of your affidavit, I'd also suggest you not wait until the 11th hour to deposit them into her US account.

Using assets is perfectly allowable. But the puzzle pieces need to fit together. Even if the money is in US funds in a bank and has been there a while, I suppose a cranky AO could wonder how two students managed to stockpile $85000.00.

[Sven 0]

Well "portion".. More like a subsitute

Couldn't we say the truth? My parents gave us the money to get a new life started?

Well shes working at chase. Gets only 9 dollars tho but would make 11 000 if she would continue working while going to college. Still not the required 17 000 but I wouldnt be worried much about it then because we wouldnt use the assets to subsitute her income.

You say "perfectly allowable". Thats what I thought too. But the guide says:

If you do not

have a job or a steady income from other sources (such as retirement income), you will likely have to get a

co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income

and not just the assets.

Which made me think about it.

[rebeccajo 14]

Sure you could say you received a wedding gift.

But working wouldn't hurt.

[Sven 0]

Of course, it would not

I was just saying that it wouldnt be this much anyway. I just do want to avid, under any circumstances, that we go to the interview unprepared and they just deny it because of this #######.

I know, a co sponsor/joint sponsor would be better though but we just gotta try to make it: like that.. I guess)

[rebeccajo 14]

I don't necessarily agree that a co-sponsor would be better, Sven.

I'm not a AO, but I've underwritten mortgage loans. There's a lot to be said for a young couple digging in and making it on their own. It's not like your affidavit would look odd, you know. Don't most college students live in an 80-year old apartment building and eat ramen noodles, rice and canned gravy?

As you said, you must send the I-864 in with the I-485 petition. I've seen RFE's on here for sponsorship. Soooooooo, if you send the affidavit in and you don't get RFE'd for it, you can have some modicum of confidence that things will go your way.

If you're still nervous (as I was) you could carry in your hip pocket a co-sponsor's affidavit to produce should you have problems at the interview.

If you and your wife earn enough to meet the guideline, even if it's 'barely', a healthy wedding gift in her bank account wouldn't hurt to ease any misgivings the AO might have. Personally, it's my opinion that work supplemented by some savings would be the ideal scenario for you.

Oh - the shortfall amount you need is three times the shortage, not five.

Edited December 5, 2006 by rebeccajo

[Sven 0]

I don't necessarily agree that a co-sponsor would be better, Sven.

I'm not a AO, but I've underwritten mortgage loans. There's a lot to be said for a young couple digging in and making it on their own. It's not like your affidavit would look odd, you know. Don't most college students live in an 80-year old apartment building and eat ramen noodles, rice and canned gravy?

As you said, you must send the I-864 in with the I-485 petition. I've seen RFE's on here for sponsorship. Soooooooo, if you send the affidavit in and you don't get RFE'd for it, you can have some modicum of confidence that things will go your way.

If you're still nervous (as I was) you could carry in your hip pocket a co-sponsor's affidavit to produce should you have problems at the interview.

If you and your wife earn enough to meet the guideline, even if it's 'barely', a healthy wedding gift in her bank account wouldn't hurt to ease any misgivings the AO might have. Personally, it's my opinion that work supplemented by some savings would be the ideal scenario for you.

Oh - the shortfall amount you need is three times the shortage, not five.

Hey

that really cheered me up a little bit. The thing is... we don't really have a co-sponsor. Some friends... yeah...but I really do not want to do that. Its oour (actually my because I want to immigrate ) thing and I don't want to get them to sign that.

Something else, if you read the part about the assets you see that they require 5 times the missing amount. Why do you think it's just 3 times?