Affidavit of Support

[zauberblume 0]

Hi,

I searched through the archives, but couldn't find an answer to my questions.

I'm filing DCF, but I understand that the visa itself will be a CR-1 since my husband and I have been married for less than two years. So I'm asking my questions on this forum because more people read it than the DCF forum.

Questions:

1) For the Affidavit of Support, I do not make enough money to be a sponsor. I also have never filed taxes as I haven't ever had sufficient income. I've always been a student. Has anyone typed a mock letter for having not filed taxes? I'm looking for an acceptable prototype so I can include it with my I-864. I also want to get it notarized.

2) I have a joint sponsor. He's my grandfather. Will his age matter at all? (He's 86.)

3) My joint sponsor, my grandfather, has sufficient income from his retirement as well as bank savings and ownership of a house. Technically, we wouldn't really need the bank assets or home ownership to meet the poverty guidelines; however, we want to provide that information as extra just in case. We can easily obtain a bank statement. But how do we go about assessing the value of his home? I've used a free home appraisal website online. It seems reliable since property in that area has sold for the amount listed on the website. Can I write a letter listing the high estimate and the low estimate for the house according to the website? (Of course, I'll provide the deed to the house and whatnot.) (Do I really have to go through the process of having his house appraised?!)

4) There is a possibility that there may be no birth certificate on record for my grandfather. Has anyone else dealt with such a situation? (His family was kind of non-traditional, but he is a U.S. citizen because he served in a governmental position requiring such citizenship. How he proved it before, I don't know... He's elderly now so asking questions doesn't mean you always get a sensible reply.)

Thanks for answering my questions. This process is killing me already and I just filed my I-130 on Saturday! *sigh*

[germangel 0]

Hi there zauberblume,

hope I can help you with a few of your questions

1. our letter was somewhat like this:

FRN 2006XXXXXX

To whom it may concern

For the I-864 which I submitted for my wife, [name], I was required to send in the tax returns for the 3 most recent tax years.

I was a full-time student at [college]for the years 2004 and 2005.

My gross income for 2004 (single) was less than $ 8,200 and for the year 2005 (married filing separately) it was less than $ 3,200.

According to Chart A on the Instructions for form 1040, I was therefore not required to file a tax return for those 2 years.

I did include my tax returns for the year 2003 and have found my father to be a joint sponsor for my wife as I do not meet the minimum income requirements for the I-864.

Sincerely yours,

2. age doesn't matter

3. If the income is sufficient, why use the assets and go through all that trouble. I don't know if you need a real certificate over the value of the house. Sorry, can't help ya there.

4. If there is no birth certificate available, you can submit copies of all pages of his passport and have them certified. It's as good as a birth certificate then.

If you have any specific questions about Germany and the consulate in Frankfurt, you can PM or email me

good luck for the whole process

[zauberblume 0]

Thanks for your response, germanangel!

I'm going to use a format similar to yours for the Tax Filing letter.

My grandfather, actually, doesn't have a passport. He hasn't traveled outside of the United States in over fifty years. He served in World War II. I don't doubt that he's a citizen--not by any stretch of the imagination. I just wonder if a birth certificate will be on record at all. We'll see.

I will PM you about specific questions, especially if you've already gone through the interview process. I'm wondering what some of the questions might be.

[Yodrak 7]

zauberblume,

Good decision about where to ask your questions, because your questions do all relate to the visa and have nothing to do with whether the petition was filed by DSF or at a USCIS Service Center.

1) I think germangel provided a suitable example. It does not need to be notarized.

2) Good question. I would think that his age should not matter, as his estate will remain obligated in the event of his death.

3) I would think that the on-line appraisal source might be sufficient for determining the house's value. My sense is that a home is not the strongest of assets as a source of support, but it is something that is relatively easily borrowed against in a time of need.

4) Investigate the possibility and change it to a definite.

Yodrak

Hi,

I searched through the archives, but couldn't find an answer to my questions.

I'm filing DCF, but I understand that the visa itself will be a CR-1 since my husband and I have been married for less than two years. So I'm asking my questions on this forum because more people read it than the DCF forum.

Questions:

1) For the Affidavit of Support, I do not make enough money to be a sponsor. I also have never filed taxes as I haven't ever had sufficient income. I've always been a student. Has anyone typed a mock letter for having not filed taxes? I'm looking for an acceptable prototype so I can include it with my I-864. I also want to get it notarized.

2) I have a joint sponsor. He's my grandfather. Will his age matter at all? (He's 86.)

3) My joint sponsor, my grandfather, has sufficient income from his retirement as well as bank savings and ownership of a house. Technically, we wouldn't really need the bank assets or home ownership to meet the poverty guidelines; however, we want to provide that information as extra just in case. We can easily obtain a bank statement. But how do we go about assessing the value of his home? I've used a free home appraisal website online. It seems reliable since property in that area has sold for the amount listed on the website. Can I write a letter listing the high estimate and the low estimate for the house according to the website? (Of course, I'll provide the deed to the house and whatnot.) (Do I really have to go through the process of having his house appraised?!)

4) There is a possibility that there may be no birth certificate on record for my grandfather. Has anyone else dealt with such a situation? (His family was kind of non-traditional, but he is a U.S. citizen because he served in a governmental position requiring such citizenship. How he proved it before, I don't know... He's elderly now so asking questions doesn't mean you always get a sensible reply.)

Thanks for answering my questions. This process is killing me already and I just filed my I-130 on Saturday! *sigh*

[zauberblume 0]

Thanks, Yodrak!

I won't include information on my grandfather's home ownership or attach a bank statement of his savings since his income is above the poverty guidelines. I'll have the information prepared and at my disposal for the interview, but will not introduce it unless asked.

(I am thinking that I may be asked for additional information on his assets because of his advanced age. But come to think of it, if a joint sponsor, of any age, passes away and has no assets, then what, if anything, happens to the I-864? Hmm. Well, that's something to figure out on another day when I have time to search USCIS.)

I requested the birth certificate on behalf of my grandfather and Texas will notify me if there is a record of it. If there is, they'll send it. I hope so! I chose express mail delivery just in case.

[Yodrak 7]

zauberblume,

I think I might have my grandfather show his assets on his I-864, I have the same thoughts that you mention in your 2nd paragraph. You may be able to present the documentation of his assets if it's asked for at the interview, but you may not be able to alter his signed and notarized I-864 to include the information if it's not already there.

(Rhetorical question, you don't mention the source of his income - is it a source that will end when he dies or is it a source that can carry on?)

Yodrak

Thanks, Yodrak!

I won't include information on my grandfather's home ownership or attach a bank statement of his savings since his income is above the poverty guidelines. I'll have the information prepared and at my disposal for the interview, but will not introduce it unless asked.

(I am thinking that I may be asked for additional information on his assets because of his advanced age. But come to think of it, if a joint sponsor, of any age, passes away and has no assets, then what, if anything, happens to the I-864? Hmm. Well, that's something to figure out on another day when I have time to search USCIS.)

...

[sadie33138 0]

3) My joint sponsor, my grandfather, has sufficient income from his retirement as well as bank savings and ownership of a house. Technically, we wouldn't really need the bank assets or home ownership to meet the poverty guidelines; however, we want to provide that information as extra just in case. We can easily obtain a bank statement. But how do we go about assessing the value of his home? I've used a free home appraisal website online. It seems reliable since property in that area has sold for the amount listed on the website. Can I write a letter listing the high estimate and the low estimate for the house according to the website? (Of course, I'll provide the deed to the house and whatnot.) (Do I really have to go through the process of having his house appraised?!)

Hi, We are DCF too and on the instructions included in our initial packet, they list two ways to set value on real estate. Appraisal or a valuation by a reputable real estate company or agent. I opted for the second as appraisals are very pricey. I contacted a real estate agent in the area where our condo is and asked for a letter stating the value at the current market price. They sent me what they call "An Opinion of Value" letter at no charge even though I offered to pay for it. On letterhead & signed.

[zauberblume 0]

zauberblume,

I think I might have my grandfather show his assets on his I-864, I have the same thoughts that you mention in your 2nd paragraph. You may be able to present the documentation of his assets if it's asked for at the interview, but you may not be able to alter his signed and notarized I-864 to include the information if it's not already there.

(Rhetorical question, you don't mention the source of his income - is it a source that will end when he dies or is it a source that can carry on?)

Yodrak

You're right. Hmm... Well then I will include the bank savings on the form. Or maybe I will have him fill out two forms? (One that details his savings and real estate and one that doesn't detail it?) It couldn't hurt to add the bank savings information anyway, but I have no idea if using an Internet real estate appraisal website to determine the value of his home would be sufficient. I do have the deed to his house that lists he and my mother as the owners.

My grandfather gets social security and retirement. That income would definitely stop if he died. His assets would still be available since he has no debt and my mother is the beneficiary of all of his assets.

They sent me what they call "An Opinion of Value" letter at no charge even though I offered to pay for it. On letterhead & signed.

The few real estate agencies that I have contacted here in California want to see the property personally and/or charge a fee. As you said, the appraisal fee is kind of high for something my grandfather doesn't need. He just doesn't want to be bothered. I'll keep looking around, though.

[Yodrak 7]

zauberblume,

And why didn't you mention this relevant bit of information before?

What does you mother have to say about your grandfather pledging an asset in which she has an interest in support of your wife?

Yodrak

.... I do have the deed to his house that lists he and my mother as the owners.

...

Edited April 30, 2006 by Yodrak

[zauberblume 0]

Yodrak,

What relevant bit of information did I fail to mention?

My mother would have been my co-sponsor had she filed taxes the last three years. Unfortunately, she has been unemployed. Therefore, my grandfather is the sponsor since he has assets, receives a retirement check, and files taxes.

I found out today that my grandfather doesn't have a birth certificate.

By the way, I have a husband.

-Z

Edited May 2, 2006 by zauberblume

[meauxna 15]

I have no idea if using an Internet real estate appraisal website to determine the value of his home would be sufficient. I do have the deed to his house that lists he and my mother as the owners.

They sent me what they call "An Opinion of Value" letter at no charge even though I offered to pay for it. On letterhead & signed.

The few real estate agencies that I have contacted here in California want to see the property personally and/or charge a fee. As you said, the appraisal fee is kind of high for something my grandfather doesn't need. He just doesn't want to be bothered. I'll keep looking around, though.

z,

I used an internet generated valuation on my I-864. In my county, that data comes from the county tax records; it has to come from somewhere official as a base (some real estate sites add in their own market valuation spin on top of the tax data). In addition, I had a hard copy of my property tax statment.

The *real* real market value of real estate where I live is much higher than the tax statement's. I went with the more conservative hard copy number because I didn't need more, but you could look for one of the real estate brokers (big name nat'l firm) that has the price estimate of your property (I don't remember the name, but some googling would turn it up).

The letter that sadie is talking about is something that most agents jump at doing for no cost--not a full appraisal, but a professional's opinion of the value of the property. They would have to see it in person.

My mother would have been my co-sponsor had she filed taxes the last three years. Unfortunately, she has been unemployed. Therefore, my grandfather is the sponsor since he has assets, receives a retirement check, and files taxes.

I found out today that my grandfather doesn't have a birth certificate.

The info about your mother does not disqualify her as a joint sponsor, if her share in the major asset is sufficient. She probably has proof of her US citizenship?

Just ideas.

[Yodrak 7]

zauberblume,

The fact that your grandfather's house isn't your grandfather's house, it's a shared asset with someone else.

Sorry about my gender confusion, you did write in your posts about your husband.

Yodrak

Yodrak,

What relevant bit of information did I fail to mention?

My mother would have been my co-sponsor had she filed taxes the last three years. Unfortunately, she has been unemployed. Therefore, my grandfather is the sponsor since he has assets, receives a retirement check, and files taxes.

I found out today that my grandfather doesn't have a birth certificate.

By the way, I have a husband.

-Z

[zauberblume 0]

Yodrak,

I consider my grandfather's house to be primarily his because he bought it. My mother grew up in that house. Her name is on the deed because he didn't want his assets to go into probate upon his death. This way, my mother has direct access to his savings accounts, life insurance, and his house. It is, as you said, a shared asset.

Even though my mom has no income tax returns due to unemployment, she does legitimately share these assets with my grandfather. I sincerely hope "her assets" then will be sufficient as a joint sponsor. There's only one way to find out. Frankfurt will let me know.

-Z

zauberblume,

The fact that your grandfather's house isn't your grandfather's house, it's a shared asset with someone else.

Sorry about my gender confusion, you did write in your posts about your husband.

Yodrak

Yodrak,

What relevant bit of information did I fail to mention?

My mother would have been my co-sponsor had she filed taxes the last three years. Unfortunately, she has been unemployed. Therefore, my grandfather is the sponsor since he has assets, receives a retirement check, and files taxes.

I found out today that my grandfather doesn't have a birth certificate.

By the way, I have a husband.

-Z

Meauxna,

Thanks.

I figured that my mother wouldn't make such a great joint sponsor due to her lack of employment. She's actually my only alternative. She does have proof of her citizenship. And her name is on all of my grandfather's assets as if she herself owned them. (My grandfather, however, is the one who pays taxes on said assets, if that makes any difference. Should I attach this information so that the CO knows that?)

It's kind of odd--their situation. She owns those assets with him but doesn't spend anything nor does she "live" in the house that they own.

Any tips on how to make her appear to be a better joint sponsor? She has also her own retirement benefits and life insurance. Should she list that as well?

-Z

The info about your mother does not disqualify her as a joint sponsor, if her share in the major asset is sufficient. She probably has proof of her US citizenship?

Just ideas.

[meauxna 15]

z,

I really don't know how to handle a jointly owned asset (the real estate) where the parties don't live together... I-864A? I'd have to sit down and think about that.

As for mom, if she has a reasonable reason for not filing taxes, that would be requried in lieu of returns. She can include the relevant instruction from IRS (indicating that she's not req'd to file).

If she has other assets, I would most certainly include them. More Is Better in some cases.

About grandpa, isn't that interesting that someone can live here all those years and never need proof of citizenship?! I don't know how much time you've spent poking around on uscis.gov or the State Dept's websites for alternate ways to prove citizenship---maybe there's something more he could use, maybe not.

Sorry I can't be of more help than that.

[Yodrak 7]

Z,

More new information - your grandfather doesn't have assets, your mother has them! You may consider your grandfather's assets to be his, and he may consider them to be his, but the consular officer may not be able to consider them to be his even with your explanation for the simple reason that they are not his - they are your mother's. As you've described it, your grandfather may not be able to do anything to use those assets to assist your husband because he does not have the authority to do so - your mother owns them. Or is there yet more to it that you haven't mentioned?

With regard to the house, which you say is a joint asset, I don't know if your grandfather can use his half without your mother's permission either. It would be difficult for him to sell his half, except to your mother or to you, it would probably be difficult for him to borrow against his half.

If your grandfather alone can't sponsor based on his income alone, or your mother based on her assets alone, you might need to sit down with someone who understands both the I-864 and the financial situation your family has set up to figure out who has control over what and how to present the information.

Sure would be nice if your mother and grandfather lived in the same residence, as meauxna alluded to.

Yodrak

Yodrak,

I consider my grandfather's house to be primarily his because he bought it. My mother grew up in that house. Her name is on the deed because he didn't want his assets to go into probate upon his death. This way, my mother has direct access to his savings accounts, life insurance, and his house. It is, as you said, a shared asset.

Even though my mom has no income tax returns due to unemployment, she does legitimately share these assets with my grandfather. I sincerely hope "her assets" then will be sufficient as a joint sponsor. There's only one way to find out. Frankfurt will let me know.

-Z

zauberblume,

The fact that your grandfather's house isn't your grandfather's house, it's a shared asset with someone else.

Sorry about my gender confusion, you did write in your posts about your husband.

Yodrak

Yodrak,

What relevant bit of information did I fail to mention?

My mother would have been my co-sponsor had she filed taxes the last three years. Unfortunately, she has been unemployed. Therefore, my grandfather is the sponsor since he has assets, receives a retirement check, and files taxes.

I found out today that my grandfather doesn't have a birth certificate.

By the way, I have a husband.

-Z

Meauxna,

Thanks.

I figured that my mother wouldn't make such a great joint sponsor due to her lack of employment. She's actually my only alternative. She does have proof of her citizenship. And her name is on all of my grandfather's assets as if she herself owned them. (My grandfather, however, is the one who pays taxes on said assets, if that makes any difference. Should I attach this information so that the CO knows that?)

It's kind of odd--their situation. She owns those assets with him but doesn't spend anything nor does she "live" in the house that they own.

Any tips on how to make her appear to be a better joint sponsor? She has also her own retirement benefits and life insurance. Should she list that as well?

-Z

The info about your mother does not disqualify her as a joint sponsor, if her share in the major asset is sufficient. She probably has proof of her US citizenship?

Just ideas.

Edited May 3, 2006 by Yodrak