AFFIDAVIT OF SUPPORT SPECIFIC QUESTIONS

[FD&MDVL 58]

Question--

I am petitioning for my wife and stepdaughter- Do I fill out ONE Affidavit of support - or do I need to fill out two? One for each?

It seems logical to me that I would fill out ONE and list our daughter as a family member (daughter)

[Pitaya 2,577]

~Duplicate thread removed~

[FD&MDVL 58]

Question--

I am petitioning for my wife and stepdaughter- Do I fill out ONE Affidavit of support - or do I need to fill out two? One for each?

It seems logical to me that I would fill out ONE and list our daughter as a family member (daughter)

***WHY I ASK, - LET ME QUOTE WHAT IT SAYS IN PART 3 OF FORM I - 864, JUST BEFORE YOU START LISTING FAMILY MEMBERS. IT SAYS;

1. I AM SPONSORING THE PRINCIPAL IMMIGRANT NAMES IN PART 2. (very clear-->YES)

2. I AM SPONSORING THE FOLLOWING FAMILY MEMBERS IMMIGRATING AT THE SAME TIME OR WITHIN 6 MONTHS OF THE PRINCIPAL IMMIGRANT NAMED IN PART 2. DO NOT INCLUDE ANY RELATIVE LISTED ON A SEPERATE VISA PETITION. ( VERY MUCH SO NOT CLEAR-->??)

QUESTION- I HAVE TWO PETITIONS ONE FOR MY WIFE AND ONE FOR STEPDAUGHTER- DO I NOT LIST STEPDAUGHTER ON THIS FORM AND LIST HER ON A SEPERATE FORM- AND ALSO MY BIOLOGIGICAL DAUGHTER IS AN AMERICAN CITIZEN TRAVELING WITH HER USA PASSPORT- DOES SHE NEED TO BE LISTED AS A FAMILY MEMBER ALSO? THAT COULD PUSH MY REQUIRED INCOME OVER JUST A LITTLE ..?

AM I MAKING THIS MORE COMPLICATED THAN IT IS?

[FD&MDVL 58]

who approves the affidavit of support? the NVS before sending it for the interview or is it approved at the interview?--

If you send in an affidavit of support and for "whatever" reason they want MORE sponsors-- how is that process?

[FD&MDVL 58]

If I just got my NOA1 today 8-23-13, WHEN will my affidavit of support need to be completed, or in other words will my "current" tax year be 2013?-- making MORE money in 2013 than I did in 2012 - and could be the difference in qualifying without a co- or not.

ALSO can real estate owned jointly in my beneficiary's country qualify as an asset? and what documentation do you need to show for establishing a value?--

sorry - so many questions- on this form ....

[NikLR 13,227]

1) affidavit of support is for the NVC stage after the NOA2. You can read about the NVC stages in the wiki or monthly NVC filers thread in the progress reports forum.

2) You only pay 1 fee but you must submit 2 affidavits of support (I-864)

3) the affidavit of support is sent to the NVC who can okay that you have sent everything, but ultimately it is the consular officer who will approve or deny the paperwork.

4) just as an fyi your household size will be 4 (you, wife, daughter, step-daughter.) If you support anyone else, have any more children (even if they don't live with you) or claim someone else on your taxes you need to to count them in your household as well.

I'll leave the assets to someone else... We didn't need them.

You submitted a petition for both your wife and your step daughter correct? So you should have two NOA1?

[FD&MDVL 58]

NLR- in response to your post.

Yes I have TWO NOA1- just got the (2) I-797-C notice of action today in the mail--

The only questions I have are regarding the affidavit of support at this point-- and order of events a little bit too.

I do have children from Previous marriage- but they are not children anymore-- they are currently 18-23-and 29 years old--

My 18 year old lives with his Mom and she claims him on her taxes--

Does that effect my affidavit of support in anyway ( I would think not )--

When I was living in Honduras- my income was below the minimum required to warrant a Tax return- so I did not file for several years-- last years tax return is right on the borderline of required income but now I am comfortably over the requirements- can you put me at ease that this is a situation where I would NOT have to seek a CO-sponsor-- I do not want to have to do that--

so the NVC will not review the affidavit before sending her for interview? I am hoping that when she goes for the interview all or any of my concerns would have been put to rest.

Appreciate you very much taking time to answer my questions- Thank you again.

[FD&MDVL 58]

NLR- in response to your post.

Yes I have TWO NOA1- just got the (2) I-797-C notice of action today in the mail--

The only questions I have are regarding the affidavit of support at this point-- and order of events a little bit too.

I do have children from Previous marriage- but they are not children anymore-- they are currently 18-23-and 29 years old--

My 18 year old lives with his Mom and she claims him on her taxes--

Does that effect my affidavit of support in anyway ( I would think not )--

When I was living in Honduras- my income was below the minimum required to warrant a Tax return- so I did not file for several years-- last years tax return is right on the borderline of required income but now I am comfortably over the requirements- can you put me at ease that this is a situation where I would NOT have to seek a CO-sponsor-- I do not want to have to do that--

so the NVC will not review the affidavit before sending her for interview? I am hoping that when she goes for the interview all or any of my concerns would have been put to rest.

Appreciate you very much taking time to answer my questions- Thank you again.

ADDING.... I just took my time and READ CAREFULLY the instructions on filling out the I-864 Affidavit of Support-- and I answered some of my own questions- BUT HAVE other questions--

My 18 year old son will be 19 June 2014- He lives in Florida with his mother. I know Florida law (or I think I do) and in Florida he is considered reaching the age of majority at age 19. But actually that should not make a difference BUT it does make CLEAR that I need to report him and I quote the instructions for PART 5 item number 4, "........who are under the age 21"

soooo...

My total in PArt 5 box number 8 will be (5) Five.-- here are my questions-- and I will be specific...

IN PART 6 - I have the opportunity to list my CURRENT ANNUAL INCOME-- and IF I attach all of my paycheck stubs for this current year I could document that my income is $82,000.00 a year. I will also be able to back that up with a LETTER FROM MY EMPLOYER. This current income is more than enough to meet the poverty level for a family of 5 described in the 2013 HHS Poverty Guidelines (form I-864P effective 03/01/13 of $34,462.00 BUT THIS IS WHERE MY QUESTION(s) are-- in 2011, 2010, 2009, 2008. I did NOT file- I was living in Honduras and working as a SCUBA INSTRUCTOR and just making enough to support myself (UNTIL I DECIDED TO FALL IN LOVE)-- in MARCH 2012 I was back in the USA working and in OCTOBER 2012 I started my current job ( I had one other job when I first got back)-- My 2012 INCOME TAX is just at $28,000.00 and BELOW that poverty level for a family of 5--

Do I have a problem? or with ALL of this years paycheck stubs, and being able to document my income alternatively with a letter from my employer - and maybe writing a looooong cover letter explaining my situation WILL THEY APPROVE MY SOLE SUPPORT?

this is my question in a nutshell.-- and I am getting very personal here but am seeking answers- to questions that have not been asked yet-- IS there someone I can call and talk to for an official answer? WHEN AND WHO is going to be looking at my affidavit for support? the Consular office in TEGUC know me and my family form when we processed my biological daughters Report of Birth abroad to a US citizen and I also applied for the simpler TOURIST (B) visa for my wife on two occasions (unsuccessfully I add)---

so IF they are looking at this- I think they already know me and my story and it might be smooother?? --

I would sleep MUCH betternot worrying about this for the next several months. and your informed answers are GREATLY appreciated and anticipated.

ty

[FD&MDVL 58]

the more I think about this- it MIGHT BE next year - before I have to submit the affidavit of support and all my worries will be for nothing- I will have my NEW YEAR (2013) taxes done --

I got my NOA1 on 8/23/2013 so it is NOT a stretch to imagine that this will most likely be early next year, right?--

Right NOW I am just waiting for the initial package from them, right? and sometimes that takes 3-4 months?

[NikLR 13,227]

the more I think about this- it MIGHT BE next year - before I have to submit the affidavit of support and all my worries will be for nothing- I will have my NEW YEAR (2013) taxes done --

I got my NOA1 on 8/23/2013 so it is NOT a stretch to imagine that this will most likely be early next year, right?--

Right NOW I am just waiting for the initial package from them, right? and sometimes that takes 3-4 months?

LIkely you will not finish the visa journey until next year. Hopefully you'll receive your NOA2s by Feb 2014. 2013 taxes are only required on AOS packages received on or after April 15th, 2014 but you can include them if you have them done ahead of time.

If your son is living with his mother and is over the age of 18 (age of majority in Florida is 18 I believe http://contests.about.com/od/sweepstakes101/a/agemajoristate.htm or http://www.ncsl.org/issues-research/human-services/termination-of-child-support-age-of-majority.aspx) you do not need to count him on your AOS paperwork.

Current income counts for far more than past income. But this is consular specific as some consulates and embassies like to see the previous years being above the line as well. However with as much income as you are making, with proof of such, I cannot imagine the consular officer having much of an issue. Especially if you do your 2013 taxes and submit those as part of your AOS package. You'd then show 2013, 2012 and 2011 taxes on your I-864.

Someone at the NVC will look at your paperwork and decide if numbers are wrong or missing. They will tell you if you should provide a joint sponsor (in your case you shouldn't need to.)

Then the IV (immigrant visa) unit at the consulate or embassy will look at your AOS paperwork and make the final determination if your support is sufficient or not. If it's not they will issue a 221g asking for a joint sponsor. If it is, and everything else is okay, your wife and stepdaughter will be approved. YAY! The people that did your CRBA may or may not be the same ones that work in the IV unit, I don't know enough about consulates and embassies to hazard a guess.