I-864, AOS, tec.

[Duncan888 0]

I need some guidance from any of you that have prior experience with this particular form please-

We are under the assumption that if I don't have a prior years tax return, and do not have a co-sponsor, that I can use assets to qualify as a sponsor for my wife. Is this correct?

Apparently my assets need to meet a particular minimum, which is causing great confusion and stress amongst us.

We are a household size of two, thus 125% of the HHS poverty guideline is---$19,662. the confusion begins when we read the following from the USCIS instructions for affadavit of support---

Quote from I-864 instructions---

".........Total Value of Assets.........

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the

difference between your total household income and the current poverty guidelines for your household size. However,

if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be

equal to at least three times the difference........."

What exactly is meant by "total household income"? I didn't file a tax return last year, and I have started a new job 6 months ago, and have earned $8,500 so far this year. I am projected to earn ~$20K this year, based on current rate of pay.

Is my "total household inome" projected earnings for 12 months, or what I've earned thus far?

"Part 6 of the I-864---Sponsor's Income and Employment...

#5 My current individual annual income is $____________"

What numbers am I supposed to place in here? erned for now or projected to earn for this year?

If I can understand their language, then I can determine what I need in assets.

Thank you in advance.

Edited July 18, 2014 by Duncan888

[Expat1 971]

It is correct that you can use assets (only) to qualify as a sponsor for your wife.

The 5X requirement is for a USC sponsoring a family member other than spouse or child.

Assuming you are a USC sponsoring your wife your assets need to equal 3X the 125% poverty level based on your household size if your household income is zero (or) as I was told by one embassy representative they need to equal 3X the difference between your US household income and the 125% poverty level.

So: Based on what I was told and to make the example simple if you make $10K/year then your assets have to be equal to 3X $9662 to make up the difference.

The same representative told us that they over-ride previous year's taxable income with current US income. It is projected based on your current paystubs and bank statements.

Example: DCF from overseas. Current income/previous year income might be very high, however they apply what your future US income would be (usually zero) so no matter what the tax return said for previous year they make the sponsor either pony up 3X the 125% poverty level or get a co-sponsor.

I went through the definition of "assets" with them. They defined assets exactly as defined on the instructions.

If you have to show assets, which it does not look like you will, then take the difference between $19662 and your actual income, multiply by 3, and you should be good to go.

Hope that helps.

Edited July 18, 2014 by Expat1

[KayDeeCee 4,893]

You list your current annual income. What you would make in a year, and not what you have made so far. So, what you make a week before taxes times 52 weeks, or if you get paid bi-weekly then multiply that amount by 26 instead.

If you make $20k annually, then you meet the income requirement. You need a letter from your employer and/or recent pay stubs to prove your current income.

Assets are at 3 times the amount you are short on income. If you had no income, you would need about $60k in assets.

You must provide a statement as to why you were not legally required to file taxes for the last 3 years. Having no tax/income history and a new job at the borderline of the income requirement may make them ask for more, such as assets or a joint sponsor. List your assets along with your current income, even though your income meets the requirement.