i-864

[Gary Whitfield 0]

I have a question. I am moving to the US from the UK on a k1 visa and will be the bred winner for the home.

What should I do for the I-864 affidavit of support? The form looks to be based on the petitioner or sponsors only. I was told that I need to show proof of earnings to show that I can support the family according to percentages listed. Very confused now. Is there a different form I need?

[aleful 1,905]

hi

nope, the i864 is for the petition as your spouse when you get married is the primary sponsor. If she doesn't work, she will need to have assets or find a joint sponsor

your income is irrelevant as you are the beneficiary

plus you won't have any income anyway since the EAD work permit will be filed together with the i864 and the i485 adjustment of status packet, once you are married

so when you get here, for a few months you will have no income to begin with

did your wife have a joint sponsor for the k1?

Edited June 16, 2016 by aleful

[Gary Whitfield 0]

I am financially prepared for the lack of income. I have savings ready to support for the three months and I searched and found an answering which did not refer to it being related to the petitioners income.

There was nobody listed as a joint sponsor as it was not seen as an issue. So what do we do?

My assets become hers as well anyway... do I just assign my funding to her?

[Gary Whitfield 0]

So to further clarify... the USCIS website does not list finances under requirements: https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Checked another page on their site and it says this:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e)..

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.. (https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#8)

Can you see my confusion with the form?

[Kastrs 723]

I am sure others will chime in and give you more comprehensive advise, but here is my quick 2 cents.

You say you have enough savings for 3 months- in order to use assets (savings) to support yourself you will need assets at 5x the poverty guidelines, be prepared with sufficient evidence of your assets

If you were say using your own income (income of the beneficiary) this is only applicable in CR1/IR1 cases since the beneficiary would have work authorization, in addition the beneficary would need to demonstrate that their income source would continue when they move to the US

Also to try to clear up a little confusion, for your K1 interview you will need the I134 and need to follow those guidelines, after you are married when you are adjusting your status you will need the i864

[Nich-Nick 3,354]

The form for a fiancé visa is I-134, presented at the interview in London. Only the American would fill out an I-134 with her financial information. Or a joint sponsor (from America) could fill out the I-134 to pledge their support of you. London is more flexible than many consulate's and will allow you (the Brit) to self-sponsor if you have sufficient savings or an income that continues from the same source once in America. You would not fill out I-134. You would present evidence to the interviewer that your same job continues in America, or financial statements showing your cash assets. There is no published amount they would find acceptable. It is not 5 times poverty guidelines, I can tell you for sure. Less has been accepted, but it is totally a subjective decision by the interviewer.

Fast forward to America....you are married...the visa part is history...you apply for a greencard so you can stay. That application packets requires that you have a financial sponsor who fills out form I-864. It MUST be your spouse, but if she has no income or assets, a second American sponsor can fill out an I-864 as well. You are correct that your assets can be listed on your spouse's Affidavit of Support because you are married. See the I-864 instructions which explain exactly how that works....how can the intending immigrant help? Also there are specific instructions that explain exactly how much $$$ is required if using assets Remember, the K1 visa gets you 90 days in the US. You are not a permanent resident until you get the greencard.

Edited June 16, 2016 by Nich-Nick

[Gary Whitfield 0]

The good news is that my company has interviewed me from the USA and would like to re-employ me when I get my work permit. Feels like a chicken and egg scenario, but I imagine that I will have a clear job offer before I apply for my greencard. It is the adjustment of status which takes 90 days. By that point it should be all good. I have looked at the form to fill in and it is very simple in the fact that she declares how she will support me (she will provide the roof etc and I will feed myself).

Thank you for all comments and especially Nick-Nick. I am glad they go over it in an interview. I will earn more in America (average wage $86k per year) so I really should not be worried.

[Nich-Nick 3,354]

The good news is that my company has interviewed me from the USA and would like to re-employ me when I get my work permit. Feels like a chicken and egg scenario, but I imagine that I will have a clear job offer before I apply for my greencard. It is the adjustment of status which takes 90 days. By that point it should be all good. I have looked at the form to fill in and it is very simple in the fact that she declares how she will support me (she will provide the roof etc and I will feed myself).

Thank you for all comments and especially Nick-Nick. I am glad they go over it in an interview. I will earn more in America (average wage $86k per year) so I really should not be worried.

Re-employ is not exactly the same thing. Say you work remotely from home doing a job and would continue that exact job without interruption and still receive your exact salary paid in pounds sterling from the same payroll dept, that is "will continue in America". The fact is, when you land in America you will be unemployed.

Adjustment of status will not likely happen in 90 days. Hope for six months. Once you marry and file, you could receive work authorization in 90 days, but if you don't marry immediately, get your certified marriage certificate back quickly, and get the mountain of paperwork done, then add that month or two most people take to the 90 day wait for employment authorization (EAD).

Understand that a job offer does not mean a thing on the form I-864. Your wife must have a job earning roughly $20k (if it is only two of you) or have $60k in the family piggy bank before you send the adjustment of status application in.

[Gary Whitfield 0]

ut it has to be re-employment. I am not allowed to work for three months... not for the UK apparently as that is against the law. But you are right. AoS does take longer. Is the I-864 required for the AoS interview? That is when they want to know you are employed and settled into the country. You then get a greencard with conditions... continuous employment. But... if we get the work permit sorted and then apply for AoS... that could work? I also know there are two ways to get a work permit, one way is with your AoS and there is another.

Just in case... I guess we would need to look at getting a sponsor as well then?

My fiancé has been a house wife and only just got back into work... not earning enough yet.

[Gary Whitfield 0]

So to confirm.... I have to be re-employed because there are different terms and conditions. My work place have looked into it and said it is not just a continuation of employment.

[Gary Whitfield 0]

OK.... another question. If we get sponsor, does their income need to be higher than the Poverty line for my Fiance?

We would be able to get a sponsor if needs be.

[Nich-Nick 3,354]

So to confirm.... I have to be re-employed because there are different terms and conditions. My work place have looked into it and said it is not just a continuation of employment.

Few K1s can qualify the immigrant's employment to count because you aren't even allowed to be employed. Maybe some continue remotely doing their job for a strictly UK employer. That is a gray area as in "I am not working in the US or taking an American's job", but they don't claim it as family income because they don't want to call attention to the fact they are in the US and working without authorization. Your best source for getting on the Affidavit of Support is to have $60k in assets.

An example of adjustment of status and the immigrant's salary counting--

Joe is a Brit on a work visa and has been in the US five years. He meets an American named Jane and they marry. He is eligible to adjust status from "work visa holder" to "permanent resident" based on marriage to a U.S. Citizen. Jane must fill out the I-864 as the sponsor (required by immigration law) even though she only earns $4000/yr. Joe is already working legally in the US and will continue to do so. Jane can add his $80,000 income to her I-864 on page 5 under:

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1 JOE

Joe will provide proof of his employment, salary, and that he is legally allowed to work in the US (copy of visa). It is all very black and white bureaucratic with the I-864.

The "household income" (page 5 #15) is now $84,000 and will passes sufficient.

OK.... another question. If we get sponsor, does their income need to be higher than the Poverty line for my Fiance?

We would be able to get a sponsor if needs be.

Joint sponsor meets the income level for their own household plus the immigrant (you).

Get a single dude and it's at the 2 person poverty level.

Get a married guy with five kids and that's the 8 person poverty level. His seven plus you.

READ https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Edited June 16, 2016 by Nich-Nick

[Gary Whitfield 0]

Nich-Nick.... fantastic again. My next question.... how long does the Joint sponsor have responsibility on a K1 visa?

From what I understand it is until the immigrant gets USA Citizenship... is that until they get a green card (conditional)? Or is it until they convert their green card into citizenship?

[Nich-Nick 3,354]

Nich-Nick.... fantastic again. My next question.... how long does the Joint sponsor have responsibility on a K1 visa?

From what I understand it is until the immigrant gets USA Citizenship... is that until they get a green card (conditional)? Or is it until they convert their green card into citizenship?

We are talking about two very different Affidavits of Supports.

Form I-134. For the K1 visa. Approved by US Dept of State (consulate). Subjective decision. London is flexible. Immigrant can sponsor himself. Is not legally binding to your sponsor.

Form I-864. For the greencard. Approved by USCIS. Strict rules outlined in law. A legal contract between the sponsor and the US government. Read the form to answer your question. There is a whole section called

Section 8. Sponsor's Contract, Statement, Contact Information, Certification, and Signature which outlines the obligation. https://www.uscis.gov/sites/default/files/files/form/i-864.pdf