I-864 affidavit of support advice (assets only & future employment)

[oscillate.wildly 1]

Hi everyone,

I need more advice from you all please I've done lots of reading on the forums and have a relatively good grasp of the issues below, but no concrete answers regarding our specific case (well, as concrete as you can get in this process...). If everything goes to the rough standard timeframes, we will be getting married in mid-February (K-1 for me, UK citizen) and then filing for AOS immediately after (we can get marriage cert copies same day

My fiancé is currently working part-time in retail. Last month he earned around $1000. If we project his salary that puts his income at $12,000. We were planning on filing with this income and making up the difference in assets. Between us we have 5x the poverty level (I know we only need 3x) in 'liquid' cash (savings, bank accounts), but about 4/5ths of that is mine (the beneficiary). Mainly in a UK savings account. A total of $24k USD of our joint cash is in Canadian dollars - we both worked there last year.

Therefore we are fine meeting the poverty requirements with his relatively low income and our relatively large assets, with wiggle room, but I am concerned that they are mainly mine, plus the fact that he will be leaving his current job soon (more below).

He has, however, just accepted a job on Saipan paying 2x the 125% poverty level (US commonwealth, US immigration laws apply, USCIS offices there, so no issues with me getting biometrics and interviews done or going there). Obviously this removes the need for any co-sponsors, use of assets, etc., BUT he only starts April. If we wait until then to file, it would delay my EAD and AP by around 2 months than if we file upon my arrival. I would really like to avoid this because I have the option to work soon after I get there. It's not just about income - being stranded on a teeny (very teeny!) island with no ability to work or travel will get old pretty quickly. Therefore it is more important to me to get EAD and AP as soon as I can than if we were on the mainland.

Our dilemma therefore arises around when to file for AOS, and specifically the risk in using assets which are mainly mine and the fact that he will be leaving his current job for the new one. I know that future employment has no weight towards meeting poverty levels, but surely it would support our case to include the accepted offer with salary?

So I have several questions:

1. Is there a possibility of being denied/RFE'd for using assets that are mainly in my name? Is filing with $12k income and the rest as my assets a 'weak' case?

2. How exactly/what exactly do we put for his current income, given that he is part time with flexible hours dependent on demand for shifts (he works retail)?

3. What should the letter from his employer look like, given the above

4. Is it an issue that our case will clearly show that he is about to leave his current job (be it for a higher paying one)? If so, should we just not mention the new one?

5. Should we consider filing with JUST assets? Can't find much on this

6. Is it an issue that my savings are in a UK bank account? I cannot find anything about limits on how much I could transfer from the UK to the US, but almost certain I could do it all in one go. I don't want to move them unless I absolutely have to because they are in an ISA and exchange rates aren't brilliant.

We have the option of involving his mother as a co-sponsor but we would really rather not unless it's essential. I see lots of people using a co-sponsor as a 'just in case they don't accept our assets' -why on earth they wouldn't accept assets when they state that you can use them is beyond me

Looking forward to what everyone has to say and thanks in advance for the help

[Nich-Nick 3,354]

Have you read the instructions for the I-864? http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

It says your assets are acceptable. Right?

Part 7. Use of Assets to Supplement Income (Optional)

Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated on Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated on Part 5., Item Number 8.), you do not need to complete this Part. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrants assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement.

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owners claim of its net cash value.

and

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and enter the total number in Item Number 9. Form I-864A is not required to document the intending immigrants assets.

and there's more....

You can also read a whole lot about the I-864 (written by USCIS) here. https://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

Can't do a direct link, so from that page pick "Table of Contents" link.

Then scroll down to Chapter 20.5 and click "Enforceable Affidavits of Support"

[oscillate.wildly 1]

Thanks Nick-nich (wouldn't be surprised if your reaction was 'oh... her again!').

Yes I've read the instructions many times and I know we have enough and that we can use assets... my concerns are rooting from having seen posts and replies on this forum and others where there seems to be a possibility, or at least concerns, about denial using 100% assets - that it shows little ability to earn sustained income. There seems to be very few cases where solely assets were used and replies are quite negative and warn against. It was my impression that these are set rules - meet it and you're good, regardless - so it would be good to know whether this indeed the case.

I guess I don't know whether a better case is made using 100% assets and no income vs. low income that will soon end plus assets

I still don't know how to deal with his income either

[Nich-Nick 3,354]

People dream up all kinds of things to speculate about and fear in this process. My grandmother would have said "don't borrow trouble". My personal method has been go to the source and don't believe what anybody on a forum says. If the official source says you can use assets, then you can, so go with it.

My thought are....

Your affidavit must be true the day he signs it, as does the rest of the application. If he has a job, then use it. How do they know your future plans? The contractors will simply check off an adffidavit was included, as required, in the packet. Additional assets put you over. There shouldn't be an RFE unless you fail to include a tax return, or fail to include documentation of the assets. So by the time an interview rolls around, he will be working and can prepare a brand new and better I-864 to take and give to the interviewer. Or if you don't interview, nobody who can pass final judgement will be making a decision on your specifics for months. If they question his job in a late RFE, he has new information to send by then.

[oscillate.wildly 1]

If he has a job, then use it. How do they know your future plans? The contractors will simply check off an adffidavit was included, as required, in the packet. Additional assets put you over. There shouldn't be an RFE unless you fail to include a tax return, or fail to include documentation of the assets. So by the time an interview rolls around, he will be working and can prepare a brand new and better I-864 to take and give to the interviewer. Or if you don't interview, nobody who can pass final judgement will be making a decision on your specifics for months. If they question his job in a late RFE, he has new information to send by then.

Thanks. Therefore, if you were me, would you include his new job offer? i.e. letter from employer with salary and expected start date. I know it doesn't count, so I'm a bit torn - shows that his income is continuing and increasing, but also undermines the current income because it basically shows that's he's going to leave the job that we put on the I-864 very shortly (at least before any interview) - If they got to our case after the start date, would they send an RFE to make sure he had indeed taken it?

I am also slightly concerned that his past jobs have been seasonal, like Canada for example, which is where the majority of his income is coming from for his 2015 tax return:

"By contrast, 8 CFR 213a.2©(2)(ii)© permits USCIS to conclude that a Form I-864 is not sufficient, even if the sponsor’s household income meets the Poverty Guideline threshold. USCIS should make this conclusion only if the evidence of record makes it “reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligation.” For example, if the sponsor’s income is from a job that is merely temporary or seasonal, USCIS might reasonably conclude that the income is likely not to continue, and could also conclude that the Affidavit of Support, for that reason, is not sufficient."

But, am I right in thinking that, if for some reason they don't accept his income (based on the above), we will have enough assets to meet 3 x 125% of the poverty level and therefore should be fine? Have you seen this happen to anyone?

And a third question - I know the info is out there (haven't even explored RFEs yet) but in case you know off the top if your head - any idea of the rough delay an RFE would cause (we would most likely be able to submit evidence of the new job by the time it rolls around)? If it won't be greater than the time we would wait to file under his new job then it seems a bit of a no-brainer to apply right away

Thanks as always

[Nich-Nick 3,354]

No I would not mention the job offer. It doesn't count so it is superfluous information. It muddies the water. On the day he fills out the I-864, where does he work and what does he make? That's what I would put on the form. It is truthful on the date you submit AOS. His employer letter can say he works part time, how long he has been there, and his average hours per week or month, and his rate per hour. His past jobs are in the past. His current job and income count if you can document it. His current job is not seasonal.

An early RFE is usually because you left something out like all the exact documentation the instructions say to send. That usually allows you something like 87 days to respond, but it can vary. The response time is not set in stone to a specific number of days but is usually quite generous. A real adjudicator is the only one who can evaluate the specifics of your situation. That is going to be months down the road. For example you could get an early RFE because there was no immunization documentation. The person sending the RFE isn't evaluating MMR and flu jab dates. He is just saying there is no documentation. You could get a late RFE when an officer digs into specifics at the interview and thinks your shots are not up to requirements.

Send bank statements showing the liquid assets. Even make a spreadsheet and do the math for them-- who owns the account, where is it, local currency on statement, conversion to $$$. Add it all for a sum total of household assets. call it Summary of Assets and stick it before the bank statements. Connect the dots for them. Make your application perfectly complete by reading the instructions carefully to avoid an RFE based in incompleteness.

[oscillate.wildly 1]

I think that's sound advice, thank you.

One more quick question - are EAD and AP linked directly to processing times for the AOS application? It looks like they're not considering that you can file separately. That would work well in our favour. Although we do want to green card asap, the timing is not as vital as the EAD and AP