I-864 Affidavit Support ..which one?

[bellavita38 1]

Hi all,

I-864 Questions

1. I make and have made above the poverty. Not by more than $5k, but I am over the line! As I read the State Dept. site I came across:

Assets

If the sponsor’s income meets the minimum Federal poverty guideline income requirement other assets generally need not be presented. However, the consular officer may request evidence of assets and liabilities, as necessary to determine eligibility.

The word 'generally' makes me nervous. Would I be wise to provide savings or ask my father to act as a co-sponsor or am I over thinking this? Is meeting the poverty line enough or am I at risk of RFE?

Looking to hear from others who filed I-864 with a small amount above the poverty line who had issues or didnt.

http://travel.state.gov/visa/immigrants/info/info_3183.html#17

2. I intend to move back to the USA once this process is over. Husband and I will live with my parents, rent free. I came across this language from State Dept website. Should I include a letter from my parents stating we will live there rent free for as long as we like? Will that be enough?

Can free housing be counted as income?

Yes, sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence.

3. How do we know which form we need? I-864, I-864EZ, I-864W or I-864A??

Any help would be greatly appreciated.

Thanks!

Edited September 30, 2013 by bellavita38

[Dbkrantz 16]

Hi !

1. Just in case, income has to continue while you are in the US to qualify, which means that if you are sponsoring your wife and counting work done in Europe that will stop once you are in the US, income cannot be used.

I would add any assets you have, just to be sure you are above the poverty line. Every little helps.

2. I am not sure living rent free will qualify as housing benefits, since, to me, housing benefits is help from the government. I would not try to use that. Although, you can always get a letter from your parents explaining the situation and point it out at the interview.

3. I see that you are doing DCF in Italy. As the sponsor, you are legally required to fill out an affidavit of support, which is, for you, form I-864. Remember that this form allows you to use assets from the intending immigrant, if that is something of interest.

Let me know if I can help in any other way,

Good luck,

Deborah

[bellavita38 1]

Thank you so much for the response. We are trying to prepare as many of the components as possible in the hopes that once we are approved (i-130) we can send in all other docs. Our dream is to have a merry Christmas together this year in USA..but... who knows!!

Anyhow... I am actually working in Italy for the same company I work for in the USA. I'm fortunate enough to work 'virtually' in that my work is done online irrelevant of location. There will be no lessening of my income. I will actually return to a second job that I had once I return. I have a letter from my previous employer guaranteeing my previous position once I return. So all in all I will have 2 levels of income not one, once I return.

I don't have any real assets.. Some savings, but not much. Hence my worry that making just a little over the poverty line and my husband has been unemployed here (so not assets or real funds from him) might cause a red flag. This is why I am considering asking my father to be a co-sponsor.

Thank you!!

Hi !

1. Just in case, income has to continue while you are in the US to qualify, which means that if you are sponsoring your wife and counting work done in Europe that will stop once you are in the US, income cannot be used.

I would add any assets you have, just to be sure you are above the poverty line. Every little helps.

2. I am not sure living rent free will qualify as housing benefits, since, to me, housing benefits is help from the government. I would not try to use that. Although, you can always get a letter from your parents explaining the situation and point it out at the interview.

3. I see that you are doing DCF in Italy. As the sponsor, you are legally required to fill out an affidavit of support, which is, for you, form I-864. Remember that this form allows you to use assets from the intending immigrant, if that is something of interest.

Let me know if I can help in any other way,

Good luck,

Deborah

[Dbkrantz 16]

Thank you so much for the response. We are trying to prepare as many of the components as possible in the hopes that once we are approved (i-130) we can send in all other docs. Our dream is to have a merry Christmas together this year in USA..but... who knows!!

Anyhow... I am actually working in Italy for the same company I work for in the USA. I'm fortunate enough to work 'virtually' in that my work is done online irrelevant of location. There will be no lessening of my income. I will actually return to a second job that I had once I return. I have a letter from my previous employer guaranteeing my previous position once I return. So all in all I will have 2 levels of income not one, once I return.

I don't have any real assets.. Some savings, but not much. Hence my worry that making just a little over the poverty line and my husband has been unemployed here (so not assets or real funds from him) might cause a red flag. This is why I am considering asking my father to be a co-sponsor.

Thank you!!

Some savings helps. Every little helps to prove that you are above the poverty line. If you would like, send me a message with your current income + assets and we can examine together whether or not you would need a co-sponsor.

Yes, Christmas in the US is possible, I am sure you will be approved in no time.

[bellavita38 1]

Alright folks... going through the nitty gritty 864.

Part 5 Sponsor's Household Size. i looked at the sample form on VJ and it is for a husband and wife only, I assume. That is what I am filing. I know my housegold size is 2 persons, but why is

Question 3

If you are currently married, enter "1" for

your spouse

left blank on the sample form? Should I put the number 1 in the indicated box for questions. 1, 2, and 3? But then my answer to

Question 8.

If you are currently married, enter "1" for

your spouse

Would become 3 which isn't correct! Am I to leave Question 3 blank?

Thanks for your help. Amazing how these forms make you feel silly.

[Dbkrantz 16]

I did this affidavit for me and my husband: for part 5 question 3:

You put one for "persons you are sponsoring in this affidavit".

Then next to that there is "persons NOT sponsored in this affidavit" which would be 1 for yourself since you are the petitioner. Since you are sponsoring your wife, you should enter 0 in the "if you are currently married, enter 1" since the spouse was already counted above.

Which means that the household size is 2.

Question 8 needs to add to 2 since its your household size.

[bellavita38 1]

I did this affidavit for me and my husband: for part 5 question 3:

You put one for "persons you are sponsoring in this affidavit".

Then next to that there is "persons NOT sponsored in this affidavit" which would be 1 for yourself since you are the petitioner. Since you are sponsoring your wife, you should enter 0 in the "if you are currently married, enter 1" since the spouse was already counted above.

Which means that the household size is 2.

Question 8 needs to add to 2 since its your household size.

So basically, Question 3 "if you are currently married, enter 1" should be left blank even though I am married. It is understood already (in the form) that I am sponsoring the principal immigrant, spouse? Is that it?

[Dbkrantz 16]

So basically, Question 3 "if you are currently married, enter 1" should be left blank even though I am married. It is understood already (in the form) that I am sponsoring the principal immigrant, spouse? Is that it?

Yes.

As you can see "if currently married, enter 1" is in the list of people NOT sponsored in this affidavit. Since you are sponsoring your spouse, you should enter 0 because your spouse IS being sponsored as opposed to NOT being sponsored.

So yes, enter 0, instead of leaving blank because leaving it blank, they might think you forgot to fill it in.

[mydogatemypurse 1]

I have a question, I just don't want to make a mistake on my forms...

on my form (I have 2, one from the joint sponsor, and one is mine...) on the first page, i put my name, and then I am the petitioner.....

then below, i type in my husbands name.... then it says mailing address...

my question is, will I use our address here in the Philippines, or the address where we intend to stay in the US?

[Dbkrantz 16]

I have a question, I just don't want to make a mistake on my forms...

on my form (I have 2, one from the joint sponsor, and one is mine...) on the first page, i put my name, and then I am the petitioner.....

then below, i type in my husbands name.... then it says mailing address...

my question is, will I use our address here in the Philippines, or the address where we intend to stay in the US?

I personally used my UK address because, it is where I am currently living and not where I intend to live. I would use the address in the Philippines and prepare intent to move back and establish domicile if it is needed at the interview.

[bellavita38 1]

Question for the 864 professionals!

For Part 6. Sponsor's Income & Employment. Question. 5 "My current individual income" See Instructions. How does one calculate this? Is it the same amount I insert for my 2012 income?

I take this amount, from my 2012 income tax return, correct? That is what I noticed on the VJ 864 Example Form.

Thanks!

[bellavita38 1]

Hi All,

i noticed there was another topic that had the same questions, but no real answer. http://www.visajourney.com/forums/topic/322530-filling-out-i-864-item-23-current-individual-income/?p=6601498%C2'>

Anyone explain clearly how to answer the 'Current Indiv Income" question?

Thanks to all.