Questions about Affidavit of Support (merged from split thread)

[hoppus 4]

Hello everyone,

 

I have a few questions regarding the Affidavit of Support and hope to get some help from the community. 

 

First, let me describe our situation. I am a US Citizen who has been living in Brazil for the last 10 years. I got married in 2013 and we had a daughter in 2018. Our daughter is already a US citizen as we applied and obtained her CRBA.

 

I filed an online I-130 petition for my wife on 01/12/2020 and got assigned to Nebraska, so I am already expecting it to take about 1 year to be approved. I understand that after this approval our case goes to the NVC and we will have to send in form I-864 along with the financial support info.

 

Ideally, we would like to move to the US together (the three of us) after my wife gets her visa.  

 

Questions:

 

I have a job abroad and make above the required thresholds for our household size. I have been filing US taxes regularly. Is my current Brazil-based income enough to meet the requirements?

 

If not, can we qualify based solely on assets? By assets I mean balances of at least 3X the poverty line on checking and savings accounts in Brazil-based banks. 

 

As far as proving intent to restablish domicile in the US, which are the best pieces of evidence I can gather? Has anyone had trouble with this?

 

Do you believe we would have better chance of approval if I move to the US ahead of my family to restablish domicile and obtain US-based income? I want to avoid this, but would consider if it significantly improves the odds.

 

Thanks!

Good luck!  

 

[B&C2017 123]

1 hour ago, hoppus said:

Hello everyone,

 

I have a few questions regarding the Affidavit of Support and hope to get some help from the community. 

 

First, let me describe our situation. I am a US Citizen who has been living in Brazil for the last 10 years. I got married in 2013 and we had a daughter in 2018. Our daughter is already a US citizen as we applied and obtained her CRBA.

 

I filed an online I-130 petition for my wife on 01/12/2020 and got assigned to Nebraska, so I am already expecting it to take about 1 year to be approved. I understand that after this approval our case goes to the NVC and we will have to send in form I-864 along with the financial support info.

 

Ideally, we would like to move to the US together (the three of us) after my wife gets her visa.  

 

Questions:

 

I have a job abroad and make above the required thresholds for our household size. I have been filing US taxes regularly. Is my current Brazil-based income enough to meet the requirements?

 

If not, can we qualify based solely on assets? By assets I mean balances of at least 3X the poverty line on checking and savings accounts in Brazil-based banks. 

 

As far as proving intent to restablish domicile in the US, which are the best pieces of evidence I can gather? Has anyone had trouble with this?

 

Do you believe we would have better chance of approval if I move to the US ahead of my family to restablish domicile and obtain US-based income? I want to avoid this, but would consider if it significantly improves the odds.

 

Thanks!

Good luck!  

 

The exact same topic is currently being discussed here (see below) 🙂 In case you’d like to join...

 

Oh and you need 3x 125% the poverty level (also see thread below)
 

 

Edited January 17, 2020 by B&C2017

[hoppus 4]

15 minutes ago, B&C2017 said:

The exact same topic is currently being discussed here (see below) 🙂 In case you’d like to join...

 

Oh and you need 3x 125% the poverty level (also see thread below)
 

 

Thanks! 

 

I will join the other topic. 

 

3 x 125% the poverty level - I know. I meant to say that. thanks.

[hoppus 4]

3 hours ago, B&C2017 said:

ADDITIONAL INFO: 

 

@Simpsorama8853 If you have kids or dependents, this number will be higher.

 

See row "125% of HHS" below and multiply the amount for your houshold size (explanation below) times 3

 

Also: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. 

 

Sponsor's Household Size	100% of HHS Poverty Guidelines*	125% of HHS Poverty Guidelines*
	For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child	For all other sponsors
2	$16,910	$21,137
3	$21,330	$26,662
4	$25,750	$32,187
5	$30,170	$37,712
6	$34,590	$43,237
7	$39,010	$48,762
8	$43,430	$54,287
	Add $4,420 for each additional person	Add $5,525 for each additional person

 

 

@B&C2017 thanks for pointing me to this thread. My case is very similar to @Simpsorama8853´s.

 

We have a household size of 3, so we should be ok if we can prove that we have a savings account balance of 3 x $26,662 = $ 79,986, (80k), right? 

 

My current income in Brazil is enough to meet the requirements and I have been filing US taxes regularly. Should I list my Brazil-based income, which will cease when we move to the US,  in form I-864? The form says I am not required to list assets if my income is enough, but I am thinking I should still list assets and send evidence of those assets since I am unsure they will take my Brazil-based income into consideration. 

 

Thanks

[LilyJ 1,258]

21 minutes ago, hoppus said:

 

@B&C2017 thanks for pointing me to this thread. My case is very similar to @Simpsorama8853´s.

 

We have a household size of 3, so we should be ok if we can prove that we have a savings account balance of 3 x $26,662 = $ 79,986, (80k), right? 

 

My current income in Brazil is enough to meet the requirements and I have been filing US taxes regularly. Should I list my Brazil-based income, which will cease when we move to the US,  in form I-864? The form says I am not required to list assets if my income is enough, but I am thinking I should still list assets and send evidence of those assets since I am unsure they will take my Brazil-based income into consideration. 

 

Thanks

No your Brazilian income cannot be used, your income being used to qualify will be “$0” on I864

[B&C2017 123]

25 minutes ago, hoppus said:

We have a household size of 3, so we should be ok if we can prove that we have a savings account balance of 3 x $26,662 = $ 79,986, (80k), right? 

Yes, that sounds accurate I'd say. Although that amount would have to be untouched on your savings account for at least a year. You can't just have people/family members transfer money to your bank for the sake of the I-864 (and with the intent to deposit it back into their bank account after you arrive in the US. Not saying this is what you want to do, I just want to have said it 🙂

 

25 minutes ago, hoppus said:

My current income in Brazil is enough to meet the requirements and I have been filing US taxes regularly. Should I list my Brazil-based income, which will cease when we move to the US,  in form I-864? The form says I am not required to list assets if my income is enough, but I am thinking I should still list assets and send evidence of those assets since I am unsure they will take my Brazil-based income into consideration. 

They won't take your brazilian income into consideration. Only US income can be counted.

 

 

 

 

[hoppus 4]

15 minutes ago, LilyJ said:

No your Brazilian income cannot be used, your income being used to qualify will be “$0” on I864

 

9 minutes ago, B&C2017 said:

Yes, that sounds accurate I'd say. Although that amount would have to be untouched on your savings account for at least a year. You can't just have people/family members transfer money to your bank for the sake of the I-864 (and with the intent to deposit it back into their bank account after you arrive in the US. Not saying this is what you want to do, I just want to have said it 🙂

 

They won't take your brazilian income into consideration. Only US income can be counted.

 

 

 

 

Thanks, guys!

 

So, even if I am still employed in Brazil, should  I just leave the employment section of form I-864 blank? 

 

I would still have to send in a copy of my last tax return and list the Total Income for the last three tax years, correct?

 

 

[LilyJ 1,258]

5 minutes ago, hoppus said:

 

Thanks, guys!

 

So, even if I am still employed in Brazil, should  I just leave the employment section of form I-864 blank? 

 

I would still have to send in a copy of my last tax return and list the Total Income for the last three tax years, correct?

 

 

You can fill in the employment section as employed but your current income will be $0 on the I864 since your income won’t continue in the US; yes you still include your taxes, but the income you are using to qualify as a sponsor is 0

[Unlockable 7,316]

*** Multiple posts split from other thread. Please do not hijack other member's threads. It is extremely rude.

 

VJ Moderation

[pushbrk 13,207]

You cannot "use" income that will not continue from the same source once in the USA.  That's why the instructions include the  phrase, "you are using".

[pushbrk 13,207]

2 hours ago, hoppus said:

Thanks! 

 

I will join the other topic. 

 

3 x 125% the poverty level - I know. I meant to say that. thanks.

Read the other topic but if you have further questions, ask the in this, your own topic.