Family Loan

[chris4336 3]

Hey all, I'm a litttle short on the I-864 asset requirement (125% of poverty guideline x 3) . I'm a student and I have no income, so I have to use this. I was wondering if anyone knew if it is possible for a family member 'loan" me the money so that I can file as the sponsor for my fiancee. Basically they would put the money in my account, and when my fiancee gets approved I would give it back. Has anyone done this before?

Thanks

Christina

[cpinkley 0]

you can ask a family member to be a joint sponsor-I believe their are instructions on joint sponsors with the 864

[chris4336 3]

Yes, I understand that. However, I would prefer to have my family member just loan me the money for the 6 months that it takes to file for the AOS. This way they are not financially responsible for my fiancee. I feel much better with this, and I think they will as well.

[elgringo 0]

That would basically be fraud....

[chris4336 3]

How is it fraud? It will be an asset in my name. How the heck are they going to know I am going to pay it back? Once we get the Green Card they will not have access to my finances (I'm assuming).

So I will rephrase the question - Has anyone ever gotten a gift from a friend or family member to help you when filing for the i864.

[KarenCee 3]

How is it fraud? It will be an asset in my name. How the heck are they going to know I am going to pay it back? Once we get the Green Card they will not have access to my finances (I'm assuming).

So I will rephrase the question - Has anyone ever gotten a gift from a friend or family member to help you when filing for the i864.

Chris, you cannot count on AOS only taking 6 months...my husband is already at the 8 month mark and there are a few on here who are almost at the 2 year mark. No one can estimate how long AOS will take.

As for your original question, technically if the money is in your name it IS your asset. Borrowing money like that, IMHO, isn't a good way to start things off. I understand your reluctance at having a joint sponsor too. Is there any way your family member could give you the money as a gift and you place it in a savings account? Just a thought. Best of luck whatever you do.

[chris4336 3]

Thanks for the response. Yeah, I know its not the best way, but right now it seems like the only way. I am trying to look at all of our options...my sister helped us with the 134 but she doesn't make enough to meet the guidelines for the 864.

Do you know if my finacee gets his EAD from JFK and starts working can we use his income? Has anyone done this successfully?

Does anyone know of any organizations that can help us? How on earth do all these people get green cards who are not working/working illegally?

[athena_ny 1]

They have spouses that make enough or they get cosponsors.

Thanks for the response. Yeah, I know its not the best way, but right now it seems like the only way. I am trying to look at all of our options...my sister helped us with the 134 but she doesn't make enough to meet the guidelines for the 864.

Do you know if my finacee gets his EAD from JFK and starts working can we use his income? Has anyone done this successfully?

Does anyone know of any organizations that can help us? How on earth do all these people get green cards who are not working/working illegally?

[KarenCee 3]

Illegal workers don't have green cards. Those who get green cards and are not working have spouses who work and make enough money to support them or they have a co-sponsor. I do believe that JFK is still stamping temp work authorizations. As to whether or not that income could be used, providing a job is found very fast, I'm not sure about. What organizations are you talking about? If there are any, it's usually for asylum purposes or refugee purposes. Not making enough money isn't reason for an organization to sponsor an alien.

[Miranda&James 8]

The 90 day EAD is virtually useless for a few reasons. First, unless your spouse already has a SSN he will have to wait a few weeks to get it (often the immigrant isn't in the system for the first week or two, in our case he wasn't in there after a month and a half of being here, so we weren't even able to get the SSN before his I-94 expired) so that takes time off the 90 days. Second, if you have the SSN or get it in a timely manner, you have to find a job. Third, once that 90 days is up you have to stop working, and I don't think USCIS is going to consider a job that can't last more than 90 days (unless you get the EAD in time to keep working) as sufficient proof of income. I don't even know if USCIS will take into account if you do get the EAD in time, so if I were you I wouldn't count on the spouses income but of course it's upto you to decide what is best I have no idea about the asset stuff, but I hope some of what I said might help you a bit!

[Bosco 1]

How is it fraud? It will be an asset in my name. How the heck are they going to know I am going to pay it back? Once we get the Green Card they will not have access to my finances (I'm assuming).

So I will rephrase the question - Has anyone ever gotten a gift from a friend or family member to help you when filing for the i864.

A debt is not an asset, representing it as such would be fraud.

[LaL 418]

Thanks for the response. Yeah, I know its not the best way, but right now it seems like the only way. I am trying to look at all of our options...my sister helped us with the 134 but she doesn't make enough to meet the guidelines for the 864.

Do you know if my finacee gets his EAD from JFK and starts working can we use his income? Has anyone done this successfully?

Does anyone know of any organizations that can help us? How on earth do all these people get green cards who are not working/working illegally?

you can use your spouse's income only if he is a household member for 6 months prior to interview date. then you can fill out a new I864 based on his income (provided he meets the requirement), BUT in the world of CSC transfers and the appearance of interview speed-ups, this is not something you can bank on. It certainly won't help you file in the first place.

[lostinblue 1,989]

How is it fraud? It will be an asset in my name. How the heck are they going to know I am going to pay it back? Once we get the Green Card they will not have access to my finances (I'm assuming).

So I will rephrase the question - Has anyone ever gotten a gift from a friend or family member to help you when filing for the i864.

A debt is not an asset, representing it as such would be fraud.

Your parents could give you up to 10,000 as a gift without paying taxes on it I believe per year.. If in a few years you need to give them a gift back to help support them in their old age . I cannot see where there would be fraud Are there any assets you could use.IRA's and the like

[athena_ny 1]

Unauthorized work is forgiven through marriage to a USC, but I see no reason why a K1 would want to engage in unauthorized work and deal with potential complications.

Illegal workers don't have green cards. Those who get green cards and are not working have spouses who work and make enough money to support them or they have a co-sponsor. I do believe that JFK is still stamping temp work authorizations. As to whether or not that income could be used, providing a job is found very fast, I'm not sure about. What organizations are you talking about? If there are any, it's usually for asylum purposes or refugee purposes. Not making enough money isn't reason for an organization to sponsor an alien.

[KarenCee 3]

Unauthorized work is forgiven through marriage to a USC, but I see no reason why a K1 would want to engage in unauthorized work and deal with potential complications.

Illegal workers don't have green cards. Those who get green cards and are not working have spouses who work and make enough money to support them or they have a co-sponsor. I do believe that JFK is still stamping temp work authorizations. As to whether or not that income could be used, providing a job is found very fast, I'm not sure about. What organizations are you talking about? If there are any, it's usually for asylum purposes or refugee purposes. Not making enough money isn't reason for an organization to sponsor an alien.

I'm confused. I was responding to the OP's comment about illegals having green cards. As far as I know they don't. As to unauthorized work goes, I don't know about that. I do agree though that why would one want to take a chance on it.