Affidavit of Support for wife based on assets only?

[J&A 0]

So if things go to plan sometime in the fall I'll have to do an affidavit of support. I'm lucky to have skills which allow me to work 6 months out of every 2 years and have been doing this for 10+ years. Right now I'm working for equity only (no salary, just stock options). So I need to know how difficult its going to get the affidavit approved. If its a real mess I still have a few months to get a real job and call in some personal loans.

Some data points:

- Self-employed, intermittently for 10 years - so no letter from a steady employer

- Got about $55,000 cash in the bank, account has been open many years, been slowly coming down from about $100,000 2 years ago

- Got about $35,000 in 401K, maybe $30,000 in other funds (these are readily converible to cash - within a week).

- I got no other property or assets of note.

- Absolutely NO WAY I will be able to organize a co-sponsor

- Tax transcripts, 2004 - $48K foreign earned income, 2005 - $

[J&A 0]

So if things go to plan sometime in the fall I'll have to do an affidavit of support. I'm lucky to have skills which allow me to work 6 months out of every 2 years and have been doing this for 10+ years. Right now I'm working for equity only (no salary, just stock options). So I need to know how difficult its going to get the affidavit approved. If its a real mess I still have a few months to get a real job and call in some personal loans.

Some data points:

- Self-employed, intermittently for 10 years - so no letter from a steady employer

- Got about $55,000 cash in the bank, account has been open many years, been slowly coming down from about $100,000 2 years ago

- Got about $35,000 in 401K, maybe $30,000 in other funds (these are readily converible to cash - within a week).

- I got no other property or assets of note.

- Absolutely NO WAY I will be able to organize a co-sponsor

- Tax transcripts, 2004 - $48K foreign earned income, 2005 - $50K foreign earned income, 2006 - $0 income (eeekk!)

- I have 2 long-term personal loans to overseas family for about $50K which I could get cashed this month

- I could ditch my current arrangement and get a regular job at about $80K salary in a month or 2

Questions:

- In terms of personal assets I can easily meet the 5x poverty level requirements, but....

- I'm concerned about impact of the $0 income on 2006 tax return

- I'm concerned if I liquidate personal loans they won't accept because cash has only been in the bank 2-3 months.

- I'm concerned what documents I'll need from the bank to prove to them I got the cash

- I'm thinking maybe I'll get a real job for a while - but it will be new a few months when I get a letter ....

- Note I've no possibility for a co-sponsor.

- I know these guys like thier routine and don't like non-standard cases but... (1) how much should I be worried here AND (2) what can I do in the next 3-4 months to but this in a better light?

Appreciate all responses, ideas.

-J

[YuAndDan 153]

The requirement is if the assets can sustain you and the benificiary at or above 125% poverty line for at least 3 years, so assets = 1/3 income when counting them.

Some consulates wont consider assets by them selves, they want to see income as well.

[YuAndDan 153]

SEE Duplicate post: http://www.visajourney.com/forums/index.php?showtopic=72694

[J&A 0]

Real sorry for the double post, the browser hung first time (lousy ISP) and so I assumed the post failed ...

-J

[pushbrk 12,898]

So if things go to plan sometime in the fall I'll have to do an affidavit of support. I'm lucky to have skills which allow me to work 6 months out of every 2 years and have been doing this for 10+ years. Right now I'm working for equity only (no salary, just stock options). So I need to know how difficult its going to get the affidavit approved. If its a real mess I still have a few months to get a real job and call in some personal loans.

Some data points:

- Self-employed, intermittently for 10 years - so no letter from a steady employer

- Got about $55,000 cash in the bank, account has been open many years, been slowly coming down from about $100,000 2 years ago

- Got about $35,000 in 401K, maybe $30,000 in other funds (these are readily converible to cash - within a week).

- I got no other property or assets of note.

- Absolutely NO WAY I will be able to organize a co-sponsor

- Tax transcripts, 2004 - $48K foreign earned income, 2005 - $50K foreign earned income, 2006 - $0 income (eeekk!)

- I have 2 long-term personal loans to overseas family for about $50K which I could get cashed this month

- I could ditch my current arrangement and get a regular job at about $80K salary in a month or 2

Questions:

- In terms of personal assets I can easily meet the 5x poverty level requirements, but....

- I'm concerned about impact of the $0 income on 2006 tax return

- I'm concerned if I liquidate personal loans they won't accept because cash has only been in the bank 2-3 months.

- I'm concerned what documents I'll need from the bank to prove to them I got the cash

- I'm thinking maybe I'll get a real job for a while - but it will be new a few months when I get a letter ....

- Note I've no possibility for a co-sponsor.

- I know these guys like thier routine and don't like non-standard cases but... (1) how much should I be worried here AND (2) what can I do in the next 3-4 months to but this in a better light?

Appreciate all responses, ideas.

-J

As Dan says, you only need to divide by 3, not 5 for a spouse. If I were in your shoes, I would list around twice the assets you need but that's not critical. Add a notarized letter indicating your occupation and employment or self employment plans along with any supporting evidence. If you want to be doubly certain you have everything covered, get a job offer letter or an actual job.

[J&A 0]

snip...

Some consulates wont consider assets by them selves, they want to see income as well.

Anybody know how the US Consulate in Ho Chi Minh City, Vietnam is WRT this requirement? & thanks for suggestions about notarized job offers, I should be able to organize a few good ones (that was how I self-sponsor under the visa-lottery program way back...)

-J

[YuAndDan 153]

snip...

Some consulates wont consider assets by them selves, they want to see income as well.

Anybody know how the US Consulate in Ho Chi Minh City, Vietnam is WRT this requirement? & thanks for suggestions about notarized job offers, I should be able to organize a few good ones (that was how I self-sponsor under the visa-lottery program way back...)

-J

I know that Guangzhou China tends to be very hard about income, and may times they will deny cases until a co-sponsor is added to the case, they are very concerned that the benificiary wont become a charge of the state.

Some light reading 9 FAM 40.41

9 FAM 40.41 N3.1 Determining Likelihood of Ineligibility (CT:VISA-823; 07-14-2006)

a. INA 212(a)(4) applies to all aliens seeking entry into the United States. With respect to immigrant visa applicants, the amount and type of evidence generally required is much greater than that required in a non-immigrant case. In all cases, however, you must base their determination of the likelihood that the applicant will become a public charge on a reasonable future projection of the alien's present circumstances. You may not refuse a visa on the basis of "what if" type considerations (e.g., "what if the applicant loses the job before reaching the intended destination", or "what if the applicant is faced with a medical emergency."). Instead, you must assess only the "totality of the circumstances" existing at the time of visa application. (See 9 FAM 40.41 N4 below.) In short, you must be able to point to circumstances which make it not merely possible, but likely, that the applicant will become a public charge, as defined in 9 FAM 40.41 N2, above.

b. It is possible, however, for an applicant to show he or she is not likely to become a public charge and yet be found ineligible under INA 212(a)(4) because of the 1996 amendment to that provision. Specifically, an applicant subject to the requirement for a specific type of affidavit of support (AOS) must have such an AOS, regardless of any or all other circumstances. Therefore, if the relative petitioner of such an applicant does not, or cannot, properly execute a Form I-864, Affidavit of Support Under Section 213A of the Act, that applicant must be considered ineligible for a visa as likely to become public charge.

http://foia.state.gov/searchRegs/vv_docVie...harge+provision

[pushbrk 12,898]

snip...

Some consulates wont consider assets by them selves, they want to see income as well.

Anybody know how the US Consulate in Ho Chi Minh City, Vietnam is WRT this requirement? & thanks for suggestions about notarized job offers, I should be able to organize a few good ones (that was how I self-sponsor under the visa-lottery program way back...)

-J

I can't answer about Vietnam but I would suggest using only one firm job offer, say with as starting date 30 days after her arrival. You won't be using just assets anyway. Your occupation and 04, 05 tax returns are evidence too.

[Yodrak 7]

-J,

You've got a highly unusual situation. You will need to explain and document your situation carefully to make it understandable and to show yourself in the best possible light.

You may be right when you think about getting 'a real job' for awhile.

Good luck.

Yodrak

So if things go to plan sometime in the fall I'll have to do an affidavit of support. I'm lucky to have skills which allow me to work 6 months out of every 2 years and have been doing this for 10+ years. Right now I'm working for equity only (no salary, just stock options). So I need to know how difficult its going to get the affidavit approved. If its a real mess I still have a few months to get a real job and call in some personal loans.

Some data points:

- Self-employed, intermittently for 10 years - so no letter from a steady employer

- Got about $55,000 cash in the bank, account has been open many years, been slowly coming down from about $100,000 2 years ago

- Got about $35,000 in 401K, maybe $30,000 in other funds (these are readily converible to cash - within a week).

- I got no other property or assets of note.

- Absolutely NO WAY I will be able to organize a co-sponsor

- Tax transcripts, 2004 - $48K foreign earned income, 2005 - $50K foreign earned income, 2006 - $0 income (eeekk!)

- I have 2 long-term personal loans to overseas family for about $50K which I could get cashed this month

- I could ditch my current arrangement and get a regular job at about $80K salary in a month or 2

Questions:

- In terms of personal assets I can easily meet the 5x poverty level requirements, but....

- I'm concerned about impact of the $0 income on 2006 tax return

- I'm concerned if I liquidate personal loans they won't accept because cash has only been in the bank 2-3 months.

- I'm concerned what documents I'll need from the bank to prove to them I got the cash

- I'm thinking maybe I'll get a real job for a while - but it will be new a few months when I get a letter ....

- Note I've no possibility for a co-sponsor.

- I know these guys like thier routine and don't like non-standard cases but... (1) how much should I be worried here AND (2) what can I do in the next 3-4 months to but this in a better light?

Appreciate all responses, ideas.

-J