I 864 Affidavit of Support

[lashidalgo 0]

Hi,

So we finally made some strategies for the affidavit, let me tell you some story and then I'll ask some questions.

I met my husband 2 years ago while living in Chile, we started the k1 paperwork last July. He came to the US in March and we got married right away. Everything was fine till the affidavit of support came, it's so confusing.

Before traveling to Chile in February of 2013, I worked at the same school as now only as a substitute rather than a full time teacher's assistant. In my tax paperwork I have an income gap for about a year and a half of almost two years.

We have studied part of the law and conditions and we want to make sure that everything is fine before we send the info.

The facts are:

• I make $16k a year now plus benefits, we live with my mom temporary so we don't have to pay rent.
• I started working part time for the school in 2013 but there is a gap in my taxes while traveling on feb 2014 to July 2015
• I have been a full time employee for 11 months now
• My last tax return have around half income year (around $7000 because I came back from Chile by mid year July 2015)

I have about $20,000 in assets between my bank accounts and savings bonds which falls under the definition of assets, so they divide the total by 3 in order to compare to the poverty guidelines.

So we have:

• $16,000 (Individual annual income on Part 6 line 2 and line 15 which is the one compared to the federal poverty guidelines)
• By only showing this we don't make it, so assets to the rescue.

Assets (The value is suppose to be divided by 3 and then added to current income to meet the poverty guidelines)

• $15,400 (On my saving account, part 7 line 1)
• $ 5,000 (In bonds, part 7 line 3)
• $ 5,000 (Sponsored immigrant's checking account)
• The sum of all the above is $25,400 which is divided by 3 = $8,466

The math is 16,000 + 8,466 = $24,466 (Part 7 line 10 to be compared to the guidelines after the assets are added.)

Since $24,466 > $20,025 (125% of the guidelines for household of two) We shouldn't have any issue right? Just checking.

Do you think I'll have any problems with the evidence because my earnings for 2015 were just over $7000 and I have gaps in employment?

My document checklist says:

• last year's tax return
• last year's W-2
• employee letter
• six months pay stubs
• Evidence of current employment( i guess, the employee letter will cover that, if not what should i send?)

Some questions:

• Does my husband have to get translated account statements for the last 3 or 12 months to demonstrate those $5,000?
• I read in ***removed*** that if we're using his checking account, we should demonstrate that we can access the money here without any restriction. He is able to go to an ATM and pull money with his mastercard and is able to make international wire transfers, how can we demonstrate this?
• Would it help that my husband has a job offer from the same business that he worked for back in Chile (a multinational company), but in the San Francisco office?
• My husband is a skilled software engineer, would it help to send his resume so they can review his skills/education and a letter from someone important in the company saying that they're willing to hire him once he gets the EAD?

If you make it to here, thanks for reading such a long post and math class, hope you can help. Thanks !

[KayDeeCee 4,893]

Not sure where you came up with dividing the assets by 3. Assets for sponsorship of a spouse need to be 3 times the amount you are short on income. You are short $4k of the requirement, so you would need a bare minimum of $12k in assets.

Your husband's job offer will make no difference, nor will his resume. It doesn't matter how much he may earn in the future. He cannot even work until getting his EAD, which will take 60-90+ days after filing.

If you live with your mother, would she be willing to provide an I-864A as your qualifying household member and combine her income with yours to meet the 125%?

[lashidalgo 0]

Not sure where you came up with dividing the assets by 3. Assets for sponsorship of a spouse need to be 3 times the amount you are short on income. You are short $4k of the requirement, so you would need a bare minimum of $12k in assets.

Your husband's job offer will make no difference, nor will his resume. It doesn't matter how much he may earn in the future. He cannot even work until getting his EAD, which will take 60-90+ days after filing.

If you live with your mother, would she be willing to provide an I-864A as your qualifying household member and combine her income with yours to meet the 125%?

My mom's work situations is weird, not stable so I guess it'll be hard use her as a joint sponsor.

You're right I got confused when reading the instructions. So we have $25k on assets and we need to cover $12k. I think we're ok right?...

The next step is about submitting the evidence. And figuring out about those tax gaps and how they'll affect.

Thanks for your answer.

[KayDeeCee 4,893]

If you did not file for any of the last 3 years, then provide a statement explaining why you were not legally required to file those years.