Form i-864 if the applicant is the sponsor of the petitioner!

[Dr Nesr 0]

Hi,

My wife filed i-130 for me to get a green card. I am Egyptian and my wife is American.

We live outside the USA as I have a good job in Saudi Arabia. My wife has no job there,

 

For the affidavit support form (I-864) Which form should I use, despite that I and my wife have some savings in a US bank, and she has no job in the USA.

In other words, if we moved to the US, I will search for a job, and until I get it, we will spend our savings.

We have two kids, both were born in the US, and the petition is for me only.

 

Which form should we use i-864, i-864A, i864W, or i864EZ?

 

Many thanks for your help.

[geowrian 22,337]

She must file an I-864. She can include your assets with her assets. No I-864A is needed from you as her intending immigrant spouse. An I-864EZ may be applicable instead of the I-864...check the first 3 questions on the I-864EZ.

 

She could include your income as part of the household income, but only if it will continue from the same source upon coming to the US. It sounds like that's not the case, so your income won't qualify.

 

You can qualify using just assets. Assets must be at least 3 times the required income level, which is 125% of the federal poverty level for your household size. Your household size sounds like it would be 4 (you, your spouse, and the 2 children).

Income guidelines: https://www.uscis.gov/i-864p

 

If she won't meet the financial requirements using assets, she can find a joint sponsor. The joint sponsor must be a USC or LPR living in the US who meets the requirements.

Your wife would still need to file an I-864 even if using a joint sponsor.

 

She must also show US domicile OR sufficient intent to establish US domicile.

Edited August 9, 2018 by geowrian

[Dr Nesr 0]

Great explanation @geowrian 

Many thank for that.

Quote

You can qualify using just assets. Assets must be at least 3 times the required income level, which is 125% of the federal poverty level for your household size. Your household size sounds like it would be 4 (you, your spouse, and the 2 children).

I found that the 125% of HHS Poverty Guidelines* for 4 people, the amount is 31,375$

Do we have to prove that we have this amount (or more) in our bank account? or this is tripled to be 94,125$?

 

Many thanks for your help

[Dee elle 1,368]

27 minutes ago, Dr Nesr said:

Great explanation @geowrian 

Many thank for that.

I found that the 125% of HHS Poverty Guidelines* for 4 people, the amount is 31,375$

Do we have to prove that we have this amount (or more) in our bank account? or this is tripled to be 94,125$?

 

Many thanks for your help

Assets required are minimum 3x the 125% for the household...... so >$94,125

[geowrian 22,337]

28 minutes ago, Dr Nesr said:

Great explanation @geowrian 

Many thank for that.

I found that the 125% of HHS Poverty Guidelines* for 4 people, the amount is 31,375$

Do we have to prove that we have this amount (or more) in our bank account? or this is tripled to be 94,125$?

 

Many thanks for your help

Thanks.

 

Exactly. You must show evidence of at least $94,125 in qualifying assets. Bank accounts are fine to use as an asset. They typically want to see up to 12 months of statements for verification.

[Triple28 65]

NVC or Consular officer may request some domicile documents to prove that your wife (petitioner) is living the US at the time your case is processed.

 

Besides, in order to get a smooth processing, I think that you should find a joint sponsor who is LPR or USC and living in the US.

Applicant assets are not considered as main income for sponsorship.

It is used only when the sponsor's income does not meet the minimum, and it depends on the consideration of Consular officer.

 

You should aks a lawyer to get a better preparation.

Because if your wife is required to live in US, she needs more domicile time in US to be qualified.

[Dr Nesr 0]

Many thanks for all who replied to my query.

I found an excellent video entitled "Can I Use Foreign Spouse's Income for Affidavit of Support?", it is very useful for answering a part of my question.

Hope everybody benefits from it.

[Natalie&Joe 0]

Hi. I am working on affidavit myself and have some questions too. I did not want to start a new post as my situation is similar.

My husband is the US citizen, we both live outside the US, he has a job now but when we move he will need to get a new job. I assume we will have to use assets (savings +house) for affidavit. I hope it is ok. 

1. What supporting documets should US citizen (sponsor) show that proves that  he has savings in his bank? Will a print out of his bank statement be ok or it has to be official?

What supporting documents should he show to use house (still under mortgage) as an asset?

2. What documents proof his domicile? 

ex. Can he use  IRS tax reports, copies of bills in the US mailed on his name, payments of house insurance? 

Thank you.

 

 

Edited August 10, 2018 by Natalie&Joe

[Natalie&Joe 0]

Just for information, form i-864 should be used if assets are used to qualify.

I took.a screenshot of form i-864ez.