Question about Affidavit of Support

[Darshada 0]

Hello,

 

My fiancé and I just received the papers about all the documents required for the interview. One of them being the Affidavit of Support Form I-134. I will be my fiancé's sponsor.

But here is the deal. I am a Belgian-American living in Belgium. I have 26.000€ on my account which is convertible to 32.000$. But since I am working in Belgium, I have a Belgian account and in the form they are asking for "Balance of all my savings and checking accounts in United States-based financial institutions", which I don't have since I am living in Belgium. So how can prove them that I have enough money?

Even my annual incomes are in euros and not in dollars. How should I do then?

 

Thank you!

[Jo Së 200]

The amount you have in your account will not matter that much.  As the sponsor, you must show you have sufficient income or financial resources to assure that the person you are sponsoring will not become a public charge while in the United States.

Here is a list of things that can be submitted:

• Copies of three (3) most recent years of tax returns that the sponsor filed with Internal Revenue Service. If the sponsor does not have copies of these records, he or she will need to provide an explanation as to why the tax returns were not filed. If the sponsor filed a joint tax return and are using only their own income to qualify to sponsor, then it will be required to submit copies of W-2s for the most recent three (3) tax years.
• If the sponsor has other income sources such as members of household or dependents in order to reach the minimum income requirement it will be required to include their federal income tax returns for the three (3) most recent years. In using other income sources it will be required each person complete Form I-864a, which is a contract between the sponsor and household member.
• Proof of current employment or self-employment will need to be provided. Copies of recent pay stubs or employment verification statement from the employer on company letterhead that states the start date of employment, work performed and current salary.
• Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account: 

1. Date account opened
2. Total amount deposited for the past year; and
3. Present balance

• Statement(s) of your employer on business stationery showing:

1. Date and nature of employment
2. Salary paid; and
3. Whether the position is temporary or permanent

• If self-employed:

1. Copy of last income tax return filed; or
2. Report of commercial rating concern.

• List containing serial numbers and denominations of bonds and name of record owner(s)

[Darshada 0]

Thank you for your answer.

But it raises other questions... As I said I am living in Belgium and I have a job here which has nothing to do with a U.S. company. When I will go to the U.S. I won't have a job since I'll quit the one I have here in Belgium, and I will have then to look for another one in the U.S.

That is the reason why I have savings : 32,000$ to prove that I will have enough to live there, find a job etc...

 

 

[JoJoJoJo 170]

This might be a country specific question?

 

our experience: both of us lived overseas. The foreign fiance used his savings solely to satisfy the financial requirement.

[Darshada 0]

I am totally confused because I have found different informations all over the internet... I will try to call the Belgian Embassy tomorrow but they were not really helpful for now...

 

All I want to know is that if I am not living in the U.S. and all my accounts are in euros, can I be the sponsor? How should I do then?

As I said I have 26,000€ on my account converted in 32,000$ which is 160% of the minimum requirement. I have a job here in Belgium and I'll definitely get one in the U.S. when I'll arrive there. This amount cannot be unsignificant right?

Edited February 5, 2018 by Darshada

[EvieMN 105]

4 hours ago, Darshada said:

I am totally confused because I have found different informations all over the internet... I will try to call the Belgian Embassy tomorrow but they were not really helpful for now...

 

All I want to know is that if I am not living in the U.S. and all my accounts are in euros, can I be the sponsor? How should I do then?

As I said I have 26,000€ on my account converted in 32,000$ which is 160% of the minimum requirement. I have a job here in Belgium and I'll definitely get one in the U.S. when I'll arrive there. This amount cannot be unsignificant right?

The minimal requirement is for your current income. If you want to use assets/savings the requirement is way higher. Can't tell you an exact number though. Have you considered going back to the states earlier so you can find a job?

[peterad 28]

Hi all,

 

Hoping to get some clarifiaction. I am waiting on my NOA2 and confused about i-864.

 

1) When is my partner meant to fill this out

2) Is she meant to send this to the NVC?

3) If so when does she send it to the NVC and then send me a copy? 

or

does she fill it out and send it to me in my home country to take to the interview?

 

[peterad 28]

2 hours ago, peterad said:

Hi all,

 

Hoping to get some clarifiaction. I am waiting on my NOA2 and confused about i-864.

 

1) When is my partner meant to fill this out

2) Is she meant to send this to the NVC?

3) If so when does she send it to the NVC and then send me a copy? 

or

does she fill it out and send it to me in my home country to take to the interview?

 

I mean i-134 btw sorry!

[Jeff_9802 121]

3 hours ago, peterad said:

Hi all,

 

Hoping to get some clarifiaction. I am waiting on my NOA2 and confused about i-134.

 

1) When is my partner meant to fill this out

2) Is she meant to send this to the NVC?

3) If so when does she send it to the NVC and then send me a copy? 

or

does she fill it out and send it to me in my home country to take to the interview?

 

Your fiance should fill out the I-134 form, get the required letters from banks and employer, and mail them directly to you.  You will take them to the interview.

 

Here is a useful link.  Look at the section called "What to send to your fiance once the I-129F is approved (Receive NOA2)".

http://www.visajourney.com/content/k1guide

Edited February 6, 2018 by Jeff_9802

[peterad 28]

1 hour ago, Jeff_9802 said:

Your fiance should fill out the I-134 form, get the required letters from banks and employer, and mail them directly to you.  You will take them to the interview.

 

Here is a useful link.  Look at the section called "What to send to your fiance once the I-129F is approved (Receive NOA2)".

http://www.visajourney.com/content/k1guide

Thank you

[Balamban 113]

It's a good question Darshada and I may be in a similar boat.  And I fear that  we may need to bail to keep the boat afloat.

 

From what I understand the income must be from American income.  I've read that being overseas as a defense contractor employee may be acceptable as well as military but not much else.

 

Your income (if there is two of you and you will live in one of the 48 contiguous states) must be 125% of federal poverty guidelines (I think).   See this (commercial/lawyer based--you are warned) website for a good discussion:

 

https://asl-lawfirm.com/blog/2016-update-income-requirements-fiance-visa-marriage-visa-aos-processing

 

As I see it you would need about $60k in "ready" assets (stocks/bond/401k/cash/vested portion of real estate) to qualify assets only IF they are accepting assets only for K1.  Part of the qualification is "job stability."  I'm an RN, and though unemployed my job is considered eminently stable.  If you work seasonally picking apples, that may well be reason to disqualify you.  A good job but likely not "stable."  If you have/had what is perceived as a stable job in Belgium the interviewer may be more lenient.

 

If you have 3 years of income tax showing that you had stable earnings, as mentioned above then return to America and get a job promptly even a job at McDonalds.  The combination of a new, even low paying job plus the $32K might be good.  You have $32k(US) and need as I think it about $60k in assets, "if" they deem you economically stable.  I think for assets it is 3x required poverty guidelines.  So if you came to America and worked a few months at McD's earling only $15k annually, the other, in hand,  $32,000, assets may be considered enough.

 

I'm no expert but from what I've read an American working overseas, even with very good income, but without the 3x assets is a no-go.  Because you had a great job in Timbucktoo, does not mean you'll find a job when you return.

 

I'm sort of in the same boat, in a way.  Unemployed, collecting Unemployment benefits (and yes they do count as income).  I see a lot of K1 statements lately: cannot use only assets but many years ago I did a K1 and the application was approved on assets only  This raises the question: has something radically changed?  (I"m hoping someone can elaborate on this and provide some evidence).

 

I'm now wondering if I must wait until I find a new job, even if it means accepting one that I would not normally accept, for the Interviewer to accept and pass the application through.  If so, then this is what I'll do even if I must accept 13 week travel assignments.  (Note: Since I have very stable employment for the prior three years they'd likely accept temporary or travel (short term jobs).

 

Be very careful.

[Balamban 113]

I wasn't allowed to edit the above but wanted to add this from:  https://mypathtocitizenship.com/using-savings-864-without-income-will-approved/

 

How Much Savings & Assets Do You Need?

If you want to use savings and assets to prove your income for the affidavit of support, you first need to know what the qualifying amount is. Another important factor is that your savings and assets are liquid and available quickly.

Liquid assets can be stocks, bonds, rental real estate and anything else that can be sold quickly for cash. You cannot use your personal residence in the calculation of assets because if you sell it, you will need a place to live which will quickly reduce the cash you received.

Your savings balance and/or total assets need to be 5X the 125% poverty guideline for your household size. You can use the following table to calculate what your number will be.

2017 USCIS income requirements:

 

Household Size	100% Poverty Guideline   Active duty in the U.S. Armed Forces	125% Poverty Guideline   For all other sponsors
2	$16,020	$20,025
3	$20,160	$25,200
4	$24,300	$30,375
5	$28,440	$35,550
6	$32,580	$40,725
7	$36,730	$45,912
8	$40,890	$51,112

K1 Visa example: If your household size is 4 (parents and two children), then your cash and liquid assets need to total $151,875. This is equal to 5X the amount for 125% of the poverty guideline for non active duty military.

My house has no debt but I own an apartment house.  I can (I think) use the assets in that, though not the asset of the house.  Five years ago I comfortably met the 5x $101k, today probably not.  Therefore for me double up on finding another job.

Five years ago my apartment house was worth $220k based upon my local assessment, today 185k.  Yikes, that's a drop of $35,000.  Times, they are a'changing...and none for the better.  I'm glad you asked this, better to know know than in a few months.  Note: Poverty guidelines change in March I believe.

 

 

 

 

 

 

 

 

[JoJoJoJo 170]

1 hour ago, Balamban said:

It's a good question Darshada and I may be in a similar boat.  And I fear that  we may need to bail to keep the boat afloat.

 

From what I understand the income must be from American income.  I've read that being overseas as a defense contractor employee may be acceptable as well as military but not much else.

 

Your income (if there is two of you and you will live in one of the 48 contiguous states) must be 125% of federal poverty guidelines (I think).   See this (commercial/lawyer based--you are warned) website for a good discussion:

 

https://asl-lawfirm.com/blog/2016-update-income-requirements-fiance-visa-marriage-visa-aos-processing

 

As I see it you would need about $60k in "ready" assets (stocks/bond/401k/cash/vested portion of real estate) to qualify assets only IF they are accepting assets only for K1.  Part of the qualification is "job stability."  I'm an RN, and though unemployed my job is considered eminently stable.  If you work seasonally picking apples, that may well be reason to disqualify you.  A good job but likely not "stable."  If you have/had what is perceived as a stable job in Belgium the interviewer may be more lenient.

 

If you have 3 years of income tax showing that you had stable earnings, as mentioned above then return to America and get a job promptly even a job at McDonalds.  The combination of a new, even low paying job plus the $32K might be good.  You have $32k(US) and need as I think it about $60k in assets, "if" they deem you economically stable.  I think for assets it is 3x required poverty guidelines.  So if you came to America and worked a few months at McD's earling only $15k annually, the other, in hand,  $32,000, assets may be considered enough.

 

I'm no expert but from what I've read an American working overseas, even with very good income, but without the 3x assets is a no-go.  Because you had a great job in Timbucktoo, does not mean you'll find a job when you return.

 

I'm sort of in the same boat, in a way.  Unemployed, collecting Unemployment benefits (and yes they do count as income).  I see a lot of K1 statements lately: cannot use only assets but many years ago I did a K1 and the application was approved on assets only  This raises the question: has something radically changed?  (I"m hoping someone can elaborate on this and provide some evidence).

 

I'm now wondering if I must wait until I find a new job, even if it means accepting one that I would not normally accept, for the Interviewer to accept and pass the application through.  If so, then this is what I'll do even if I must accept 13 week travel assignments.  (Note: Since I have very stable employment for the prior three years they'd likely accept temporary or travel (short term jobs).

 

Be very careful.

Regarding the "asset only", I just used assets only half year ago and the visa officer said he would not be worried that I would become a public charge. I showed the visa officer my then most recent bank statement in foreign cash in my foreign account. (I am the foreigner.)

 

After I got the visa, I transferred the money to my US citizen spouse's US bank account in US dollars. Now I am filing AOS, and USCIS issued an RFE requiring 12 month bank statements. The averaged monthly balance is what matters, not the current balance!

 

Fortunately I did not close my foreign banks accounts and I was able to download, print, and send the statements to the USCIS. It was kind of complicated  as I have multiple bank accounts (one bank has higher savings interest rate and another has better deal with debit card etc. Also I had a few certificates of deposits.) I just hope USCIS has the patience to read and understand all my bank statements. I did make a summary Excel table showing the consolidated monthly balance.

 

Currently neither of us is working and we are living on savings. So before moving, you have to consider the risks. Currently only the foreign spouse has a job offer, but EAD is still not approved (pending for over 4 months!).

 

Edited February 6, 2018 by JoJoJoJo

[danju 31]

Hi, I'm sorry to pop up in the middle of the convo ! I've seen Affidavit of Support & I need some help 😅 There are so many messages on the forum, I'm lost with all the information .. 

 

My fiancé moved with me to London so at least we would wait for the visa together instead of doing long distance. So at the moment he's not having any salary. 

 

We're waiting at the moment for the NOA2 (we're August fillers so hopefully by the end of the month we'll have an answer)

 

He asked his brother to be the co-sponsor, so it's his brother that should complete the I-134 ? But does my fiancé has to fill it as well, even tho he will write 0 income at the moment ? I guess a bit confused. 

 

Thank you so much in advance for your answers !

[Gayle&Angelo 27]

If we have already stated my fiance on AOS, do we still need to mention the balance of his account?