I-864 Help/Advice Request

[BostonWheeler 0]

VisaJourney Community, 

 

First time post. 

 

I am requesting some advice with what strategy I should use to correctly and compliantly fill out the I-864 form. I have read the instructions and various other threads, however I feel like our situation is unique. There for I have some unanswered questions. 

 

My wife (USC & Sponsor) and I (UKC & Spouse beneficiary) are currently going through the IR-1/CR-1 process via DCF at the London embassy. I am currently employed full time here in the UK and my wife is currently employed part time here in the UK. Obviously the first problem here will be that my wife (The main sponsor) does not currently have an income in the united states. Whilst we both have jobs that we intend to go to when we get to the states, it does not really help us now. 

 

1st Question. Due to these circumstances, Am I correct in thinking that we would need to use financial assets as the basis of support? 

 

2nd Question - On arrival to the states we intend to live with my father in-law (USC) whilst we settle in. If my wife's financial asset's do not meet the requirement. Is my father in-law able to be a joint sponsor? if so what form? I-864? I-864a?

 

Last Question - If we are intending to live with my father in-law, does that make the Household size declared on the I-864 form a size of 3? or is it 2 as my my father in law isn't a dependant of my wife? The reason for asking is down to calculating what the income requirement would be. And the difference would be significant.

 

House of two (My wife and Myself) - $20,575 - x3 (As per asset only sponsor route) = $61,725 in assets

House of two (My wife, Myself and father in law) -  $25,975 - x3 (As per asset only sponsor route) =  $77,925 in assets

 

 

Thank you very much in advance for any help

 

[Jojo92122 1,924]

Hi,

 

Your situation is not unique.  It's quite common.  Lots of DCF from London here on VJ.  Just use the search function on VJ.

 

1.  You can use assets or have a qualified Joint Sponsor.

2.  Your FIL can be the JS as long as he meets the financial requirements.  Wife: her own I-864.  JS: his own I-864.

3.  Your wife: Household is 2 - you and her.  Your FIL: Household is 2 - him and the intending immigrant, you.  Your wife is not a part of his household unless he claimed her on his 2017 tax return.  This is assuming there are no other dependents.

[BostonWheeler 0]

8 minutes ago, Jojo92122 said:

Hi,

 

Your situation is not unique.  It's quite common.  Lots of DCF from London here on VJ.  Just use the search function on VJ.

 

1.  You can use assets or have a qualified Joint Sponsor.

2.  Your FIL can be the JS as long as he meets the financial requirements.  Wife: her own I-864.  JS: his own I-864.

3.  Your wife: Household is 2 - you and her.  Your FIL: Household is 2 - him and the intending immigrant, you.  Your wife is not a part of his household unless he claimed her on his 2017 tax return.  This is assuming there are no other dependents.

Jojo,

 

Thank you for your quick response. That has certainly cleared things up for me. Therefore $61,725 in assets is the magic number we're trying to hit.

 

If my Wife and FIL could meet the financial requirement in savings, would there be a need for other assets evidence?

 

Does money in stock brokerage accounts count towards an asset?

 

thanks again

 

[Jojo92122 1,924]

1 minute ago, BostonWheeler said:

Jojo,

 

Thank you for your quick response. That has certainly cleared things up for me. Therefore $61,725 in assets is the magic number we're trying to hit.

 

If my Wife and FIL could meet the financial requirement in savings, would there be a need for other assets evidence?

 

Does money in stock brokerage accounts count towards an asset?

 

thanks again

 

If your wife meets the financial requirements, you wouldn't need your FIL as the JS.

 

There is no magic number.  The I-864 is judged on the totality of your circumstances.  You will be judged on how long you have had the assets and from where did you get it.  Many people think that a loan into their account to reach the "magic number" is enough; it isn't.

If the savings has been held for a while and is sufficient, you wouldn't need other assets.  More is better to prove a solid case, rather than just enough to be marginally enough.

 

Stocks are countable assets.

[BostonWheeler 0]

2 minutes ago, Jojo92122 said:

If your wife meets the financial requirements, you wouldn't need your FIL as the JS.

 

There is no magic number.  The I-864 is judged on the totality of your circumstances.  You will be judged on how long you have had the assets and from where did you get it.  Many people think that a loan into their account to reach the "magic number" is enough; it isn't.

If the savings has been held for a while and is sufficient, you wouldn't need other assets.  More is better to prove a solid case, rather than just enough to be marginally enough.

 

Stocks are countable assets.

Understood. 

 

A loan was never in question. Between the two of them will be able to go above that number anyway. it was just a figure of speech.

 

The evidence supplied would be sufficient enough to prove that the savings will have been accrued and maintained over a significant period. 

[vistajones 62]

2 minutes ago, BostonWheeler said:

A loan was never in question. Between the two of them will be able to go above that number anyway. it was just a figure of speech.

You cant combine the petitioner assets with the joint sponsor's.

[Jojo92122 1,924]

1 minute ago, BostonWheeler said:

Understood. 

 

A loan was never in question. Between the two of them will be able to go above that number anyway. it was just a figure of speech.

 

The evidence supplied would be sufficient enough to prove that the savings will have been accrued and maintained over a significant period. 

Best of luck.

You would be shocked how many people get mad that the I-864 was not approved even though they magically reach the minimum number.  One person recently thought that her husband who works 20 hours a week can just work full time for one month so his "annual salary" when calculated based on full time work would be sufficient for the I-864, and then he would go back to 20 hours until the interview.  She wasn't happy when told that was not enough.

[Jojo92122 1,924]

Just for clarity, your wife or your FIL has to meet the financial assets on their own.  They can not combine their assets for the I-864.  Each of their I-864 stands alone based on their separate assets.

[BostonWheeler 0]

Just now, Jojo92122 said:

Just for clarity, your wife or your FIL has to meet the financial assets on their own.  They can not combine their assets for the I-864.  Each of their I-864 stands alone based on their separate assets.

 

Well thank you very much for pointing that out. That makes things pretty crystal clear.

 

 

[Carms Belknap 0]

Hello! We are having my husband's dad as our joint sponsor. We found out that his dad files taxes jointly with his Mom. How will this affect our affidavit of support? Does his Mom need to fill-out a form even if she doesn't have income? Thanks!