Question about US Spouse Visa: I-864 Affidavit of Support

[dakotatp 4]

I have a question regarding Form I-864 Affidavit of Support

I’ve been reading and getting familiar with the US Visa application process for my Thai spouse.

I’ve been living and working as an English teacher in Thailand for the past six years. As a result, my annual income ($12,000) has been below the US Federal Poverty Level. I read that if my income is below this level, then assets such as checking/savings accounts, stocks, bonds or property may be considered in determining my financial ability to support my non US Citizen wife.

My annual income was always far above the poverty level prior to me moving to Thailand. My US Social Security Statement proves this.

I’ve saved about $15,000 from teaching during my six years of living here. I have a retirement account (IRA) which I contribute to monthly. I own a small plot of land in the US worth about $5,000.

Are the above listed assets enough to prove my financial ability to support my non US Citizen wife?

I have an Associate’s Degree in Criminal Justice and I’ll be applying to be a police officer prior to and upon returning to the US. Having a degree will make getting hired very easy for me.

Would receiving a 'conditional offer of employment' from a police department help me?

Please share any advice, opinions and/or experiences.

Thank you and kindest regards.

[Ryan E 10]

You're going to need a co-sponsor.

You income before you left the US doesn't matter. Promised job doesn't matter. Your current foreign earned income will not count since it will stop once you leave for the US.

Using assets is an option if you have enough (which is seems you don't.) You will need to show 3 x 125% of the federal poverty guidelines in assets that could be liquidated in 1 year. . It will be around $60K assuming you do not have children.

On a side note, are you sure it will be easy to get a job as a police officer when you return? My brother finished a bachelors degree in CJ about 3 years ago and tried to get a job as a Police Officer. He wasn't able to get one because so many departments were downsizing that there were a lot of experienced officers looking for work (might have also been complicated by a few traffic tickets received) He got a job with Border Patrol instead.

Edit: didn't use 125% of poverty guidelines

Edited February 13, 2014 by Ryan E

[dakotatp 4]

You're going to need a co-sponsor.

You income before you left the US doesn't matter. Promised job doesn't matter. Your current foreign earned income will not count since it will stop once you leave for the US.

Using assets is an option if you have enough (which is seems you don't.) You will need to show 3 x 125% of the federal poverty guidelines in assets that could be liquidated in 1 year. . It will be around $60K assuming you do not have children.

On a side note, are you sure it will be easy to get a job as a police officer when you return? My brother finished a bachelors degree in CJ about 3 years ago and tried to get a job as a Police Officer. He wasn't able to get one because so many departments were downsizing that there were a lot of experienced officers looking for work (might have also been complicated by a few traffic tickets received) He got a job with Border Patrol instead.

Edit: didn't use 125% of poverty guidelines

Thanks for the quick reply. You answered my question.

As far as getting a police officer job.............I'll be traveling to the US in 2 weeks. I have an appt at a police academy to take the National Police Officer Selection Test. The lady I spoke with at the police academy told me the prospects of getting a job are very good. The prospects are better the higher one scores on the test. She directed me to several websites that had listings for police officer positions. A spotless driving record is very important. Stats indicate that police departments are not downsizing. Your brother probably interviewed at several departments. They're seldom going to tell him the reason for not hiring him. Instead, they'll give a false reason. Or there was something on your brother's app someone didn't like. Experienced officers are looking for a job because for some reason they lost or resigned from a job they already had. Depts. like fresh faces. They usually don't like officers from other cities.

[Ryan E 10]

As far as getting a police officer job............

ok. I'm not really up to date as it didn't really apply to me. Things could be changing and his lead foot probably was a big factor.

[asafrommaui 1]

So do I as the American Citizen need to earn 125% of the poverty level income annually to be considered "good enough" to sponsor my foreign wife?

[Ryan E 10]

So do I as the American Citizen need to earn 125% of the poverty level income annually to be considered "good enough" to sponsor my foreign wife?

You need to demonstrate (via income or assets) that your foreign spouse will not require public assistance to survive. If you as the spouse cannot demonstrate this, then you require a join sponsor who will share the responsibility with you.

[h13rma 35]

So do I as the American Citizen need to earn 125% of the poverty level income annually to be considered "good enough" to sponsor my foreign wife?

Yes or you need a joint sponsor or to prove semi liquid assets 3 times the 125% level

[Karee 4,190]

Yes or you need a joint sponsor or to prove semi liquid assets 3 times the 125% level

It's actually 5 times the 125% for the I-864. I believe some consulates allow 3 times for the I-134.

[dakotatp 4]

I emailed this question to the consular in Bangkok and they didn't acknowledge the 3x's or 5x's the 125% level. They said it's a case-by-case basis. They replied after I started this thread.

I've done a lot of reading and have not read anywhere about the 3x or 5x.

Did you guys personally experience this? or did you hear about this?

[lost_at_sea 995]

I emailed this question to the consular in Bangkok and they didn't acknowledge the 3x's or 5x's the 125% level. They said it's a case-by-case basis. They replied after I started this thread.

I've done a lot of reading and have not read anywhere about the 3x or 5x.

Did you guys personally experience this? or did you hear about this?

The 3x and 5x come from the information found here: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guideline and actual household income.

[dakotatp 4]

Ok. I just found this:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[Ning 619]

Thanks for the quick reply. You answered my question.

As far as getting a police officer job.............I'll be traveling to the US in 2 weeks. I have an appt at a police academy to take the National Police Officer Selection Test. The lady I spoke with at the police academy told me the prospects of getting a job are very good. The prospects are better the higher one scores on the test. She directed me to several websites that had listings for police officer positions. A spotless driving record is very important. Stats indicate that police departments are not downsizing. Your brother probably interviewed at several departments. They're seldom going to tell him the reason for not hiring him. Instead, they'll give a false reason. Or there was something on your brother's app someone didn't like. Experienced officers are looking for a job because for some reason they lost or resigned from a job they already had. Depts. like fresh faces. They usually don't like officers from other cities.

A police officer I work with suggests you ask these places what percent of the applicants are able to graduate and become officers. He trains them in a few areas and says about 25 % make it thru. In our local police department there are about 15 % that are transfers.

Fire and police agencies in my area have been replacing people cut during the economic difficulties.

[Ning 619]

I have a question regarding Form I-864 Affidavit of Support

I’ve been reading and getting familiar with the US Visa application process for my Thai spouse.

I’ve been living and working as an English teacher in Thailand for the past six years. As a result, my annual income ($12,000) has been below the US Federal Poverty Level. I read that if my income is below this level, then assets such as checking/savings accounts, stocks, bonds or property may be considered in determining my financial ability to support my non US Citizen wife.

My annual income was always far above the poverty level prior to me moving to Thailand. My US Social Security Statement proves this.

I’ve saved about $15,000 from teaching during my six years of living here. I have a retirement account (IRA) which I contribute to monthly. I own a small plot of land in the US worth about $5,000.

Are the above listed assets enough to prove my financial ability to support my non US Citizen wife?

I have an Associate’s Degree in Criminal Justice and I’ll be applying to be a police officer prior to and upon returning to the US. Having a degree will make getting hired very easy for me.

Would receiving a 'conditional offer of employment' from a police department help me?

Please share any advice, opinions and/or experiences.

Thank you and kindest regards.

These lawyers are really just clerks. If they were really working on the case you would be better informed and prepared. Still I think in your case having them help was worth it. Especially for the fee you paid.

I agree that you should have a co sponsor ready. You and they need to have a clear understanding of exactly what that means. When you do you will see what needs to be done to prepare two plans. Choose one; then proceed. When you have this done ask your lawyer what they had in mind when they collected that fee.

The case becomes a matter of support therefore income. That income must come from the USA. The support provided there.

You have no U S income and will seemingly enter the USA unemployed. Your savings will help and I hope they see in that someone that held a job for 6 years during which they planned exactly what we see here.

The trip to the USA indicates a plan to be employed asap.

I think you will need to have a clear plan to present to the embassy about how you will both move forward immediately after she enters the USA. Housing ect while seeking employment. A budget indicating costs which will help define how long the savings must support you both. I would estimate the timing of everything including the arrival of her green card which changes the family income. This also means she has a plan to study English if she needs it and the job market in your new area. This would allow you to forecast the time when you both have income.

If you attempted to present something like I suggested and they wouldnt accept it you would be allowed to submit a co sponsor if you had the docs ready or within one year I believe.

[NikLR 13,227]

You need to CURRENTLY be making 125% of the poverty guidelines as shown by the i-864p in a job that will continue in the USA (unless you are military which makes it 100%) or have the assets to provide the difference x3. You do not currently make this so must move to the USA and aquire work that lets you make about $11.75 per hour for 40 hours per week for 52 weeks per year, or find a joint sponsor who can make the poverty support minimums for their family plus your beneficiary.

Edited February 15, 2014 by NLR

[Allen M 0]

The following paragraphs are on this link

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

"You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

Exceptions:

• If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: 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. "