Affidavit of support employment duratino

[Jojo92122 1,924]

This is NOT a debate - the I-864 sponsor can not use potential future earnings, career opportunities, or active job search.  There has to be hard numbers - either income or assets.

[RandyW 149]

Likewise, having enough money in the bank to buy a Lamborghini is no guaranty of solvency, or that the intending immigrant won't become a public charge.

 

Again - it's up to the filer to paint the best picture they can - failure IS an option.

 

Look BEYOND the I-864 - the Visa Officer is REQUIRED by law to do so.

Edited April 20, 2017 by RandyW

[RandyW 149]

Likewise, having enough money in the bank to buy a Lamborghini is no guaranty of solvency, or that the intending immigrant won't become a public charge.

 

Again - it's up to the filer to paint the best picture they can - failure IS an option.

 

Look BEYOND the I-864.The Visa Officer is REQUIRED  by law to do so.

Quote

 

9 FAM 302.8-2  (U) PUBLIC CHARGE

(2)  (U) When considering the likelihood of an applicant becoming such a “public charge,” you must take into account, the totality of the alien's circumstances at the time of visa application.  (See 9 FAM 302.8-2(B)(3) below.)

(3)  (U) USCIS states that, in determining inadmissibility under INA 212(a)(4) a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.” (USCIS, Public Charge Fact Sheet, April 29, 2011.)

 

 

[RandyW 149]

Again, it's up to the Original Poster to do their best

[RandyW 149]

One case where $0 income was very pointedly listed on the I-864 - http://candleforlove.com/forums/topic/26875-visa-issued-longish/

 

Quote

For other reasons I won't go into, I showed no assets on the I-864. My gross income is in the millions, but taxable income is less than zero and all the transcripts I submitted state this clearly. The I-864 seems to be a non-issue. I filled it out with ZERO for my income.

 

There is another case where the visa was DELAYED for evidence about future employment - http://candleforlove.com/forums/topic/46328-affidavit-of-support-need-a-co-sponsor/?p=606820. The petitioner's employable and career opportunities in the U.S. can be a big factor.

 

Again, it is up to the O.P. to do the best they can.

 

My standard line here is that "enough" is not necessarily ENOUGH - they are required to look at the "totality of circumstance" in determining whether you might be a public charge in the U.S.

[bcking 3,157]

12 minutes ago, RandyW said:

One case where $0 income was very pointedly listed on the I-864 - http://candleforlove.com/forums/topic/26875-visa-issued-longish/

 

If you read that person's story, I think there are clear indications for why you shouldn't just focus on the I-864 as they filled it out, and assume that would work for others. Whatever that guy does, even he admits that the consulate "knows" him and "knows" his assets, which are "in the millions" as he describes.

 

I would not use that as the sole example and say that you can get approved with no assets and no income on the I-864. I guess if you are friends with the consulate and they know you're a millionaire that maybe you can get away with it, but I doubt that happens very often.

[Robbai 0]

11 hours ago, bcking said:

Ah gotcha. Didn't know that. Thanks

 

To the OP -

 

Does your current job in China meet the income requirement? Are you in a skilled profession where you will be obtaining a similar type of job? In your industry do you get a contract signed?

I know for me when I take a job I am signing a contract for at least a year, so I can then provide a copy of that contract to prove that I have employment at least for the next year. I'd imagine if you are in a field where the average income is sufficient, and you can show that you get a job and you have held a similar job in the past, they would probably be fine. At least a reasonable person looking at it would think it's fine but I guess no guarantees. 

 

My current job does - just about - meet the income requirements, but it's not something I will continue doing if I head to the US. 

[Robbai 0]

Thanks everyone. Looks like it's gonna be a bit hit or miss.

 

I remember seeing from the consulate that an offer of a job is not a replacement for the i-864. However, I would have thought that if a person can show a fair amount of cash assets (money in the bank) along with high employability, it would convince most people that they would not be a burden to the state. I certainly don't have enough assets to meet the 5x difference, but it's enough to cover between 1 and 2 years at 125% of the poverty line (to get us setup).

 

The problem is that it's currently in CNY and GBP, not in a US financial institution. I believe I read somewhere that I need to supply 6 months worth (minimum), of bank statements, etc.

 

Also, I'm wondering what would happen if our application were denied, would it reflect badly in future applications? I'm a bit worried that if we gave it a go and were then denied, it would be harder the next time round. 

[A'n'L 735]

4 hours ago, Robbai said:

Thanks everyone. Looks like it's gonna be a bit hit or miss.

 

I remember seeing from the consulate that an offer of a job is not a replacement for the i-864. However, I would have thought that if a person can show a fair amount of cash assets (money in the bank) along with high employability, it would convince most people that they would not be a burden to the state. I certainly don't have enough assets to meet the 5x difference, but it's enough to cover between 1 and 2 years at 125% of the poverty line (to get us setup).

 

The problem is that it's currently in CNY and GBP, not in a US financial institution. I believe I read somewhere that I need to supply 6 months worth (minimum), of bank statements, etc.

 

Also, I'm wondering what would happen if our application were denied, would it reflect badly in future applications? I'm a bit worried that if we gave it a go and were then denied, it would be harder the next time round. 

If you're denied due to lack of sufficient evidence of sponsorship, the denial will not be final. You will be given the opportunity to rectify the situation, for instance by providing a joint sponsor.

[RandyW 149]

I think we all agree that his I-864 won't be "enough" - that more information is required. It seems to me (by inference - I won't ask that  he post any details here) that he has supported his family adequately in China, and will have plenty of career opportunities in the U.S.

 

Under the INA, it's a matter of convincing the Visa officer that his spouse WON'T become a public charge. But again, I think we all agree that the I-864 by itself won't do that. Yes, joint sponsors can be required - the way to AVOID that is to provide enough information about his career, along WITH the I-864.

 

I'm not seeing any 'false hope' - he seems to understand the possibility of denial.

 

My guess is that he gets the visa.

Edited April 21, 2017 by RandyW

[Robbai 0]

1 hour ago, RandyW said:

I think we all agree that his I-864 won't be "enough" - that more information is required. It seems to me (by inference - I won't ask that  he post any details here) that he has supported his family adequately in China, and will have plenty of career opportunities in the U.S.

 

Under the INA, it's a matter of convincing the Visa officer that his spouse WON'T become a public charge. But again, I think we all agree that the I-864 by itself won't do that. Yes, joint sponsors can be required - the way to AVOID that is to provide enough information about his career, along WITH the I-864.

 

I'm not seeing any 'false hope' - he seems to understand the possibility of denial.

 

My guess is that he gets the visa.

 

Thanks Randy. I guess it's worth a shot. If it gets rejected I'll just have to figure out another way of getting it sorted.