Affidavit of Support

[zauberblume 0]

Yodrak,

Right, my mother and grandfather have shared assets. My grandfather can fill out a I-864A. His income alone does cover the minimum income requirements. The problem is not the shared assets since both of them are willing to be sponsors. They are both willing to do, write, and swear to selling the house, if necessary, if financial problems were to arise that would lead to my husband becoming a public charge. I could get a letter from my grandfather notarized saying as much. Anyway, the problem is that my grandfather has no birth certificate to prove his American citizenship. He has no baptismal records or early school records. All he has are Army discharge papers. Because of this, he is really not eligible to be a joint sponsor.

My mother can be a joint sponsor because she has documented American citizenship. But again all of the assets are shared. My grandfather is willing to sign a statement saying that all assets are shared and that he is willing to also sponsor my husband save for the fact that he cannot prove his citizenship.

However, I am hopeful that the CO will see the complexity of the situation and understand that my husband will not become a public charge. All I can do is try since I only have these people as my joint sponsors. No one else will or can do it.

::thinking::

Technically, my mother has control over all legal and financial decisions. She has Power of Attorney on behalf of my grandfather. Therefore, she could sell his part of the house. Ok, so she'll attach that paperwork.

I really appreciate your help, Yodrak.

Thanks, Meauxna.

I think I've got a handle on this situation finally and I can only wait to see how the Frankfurt CO adjudicates it. Hopefully it will be enough. If not, I'll be stranded in Germany (or the EU) for a while.

-Z

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

[x.xoo 0]

Soory to butt in but with regards to Assets. I had to file and use my property as my asset. I am the immigrant appling for this visa. The property is a joint ownership of myself and my mother. I got a letter today asking to write a letter stating that my mother as part co-owner of the property is to write a letter giving her consent to sell the property if necessary to provide support for me in the United States.

The problem is that the word to 'sell our property' made my mum very uncomfortable to sign a letter specially we both dont know what are the risk if something wrong did happened to me whilst in the US. I dont know if my huband's family can sponsor me. So I am having to use my asset instead to get this visa but I also need to consider what my mother is signing for. Can anyone help me and may be explain if the immigration has the lawful right to make you sell your property within a year (found this infomation on the UK US Embassy FQA's). Please please can anyone help me clarify exactly what the letter is stating.

Confused and concerned

Edited May 5, 2006 by mabuhaycapoeira

[Yodrak 7]

mabuhaycapoeira,

Don't be sorry - your story and question illustrates exactly to problem I am pointing out.

No, the government doesn't have the right to make one sell their property (short of some legal action that might lead to that result).

But assets that cannot be turned into available cash within one year do not quailify for use on the I-864. So if you cannot sell your property at your own discretion it's of no use to you for the I-864. Your mother needs to give you the sole authority to dispose of the property if you want to for you to use it as an asset for the I-864.

Yodrak

Soory to butt in but with regards to Assets. I had to file and use my property as my asset. I am the immigrant appling for this visa. The property is a joint ownership of myself and my mother. I got a letter today asking to write a letter stating that my mother as part co-owner of the property is to write a letter giving her consent to sell the property if necessary to provide support for me in the United States.

The problem is that the word to 'sell our property' made my mum very uncomfortable to sign a letter specially we both dont know what are the risk if something wrong did happened to me whilst in the US. I dont know if my huband's family can sponsor me. So I am having to use my asset instead to get this visa but I also need to consider what my mother is signing for. Can anyone help me and may be explain if the immigration has the lawful right to make you sell your property within a year (found this infomation on the UK US Embassy FQA's). Please please can anyone help me clarify exactly what the letter is stating.

Confused and concerned

Edited May 5, 2006 by Yodrak

[meauxna 15]

Soory to butt in but with regards to Assets. I had to file and use my property as my asset. I am the immigrant appling for this visa. The property is a joint ownership of myself and my mother. I got a letter today asking to write a letter stating that my mother as part co-owner of the property is to write a letter giving her consent to sell the property if necessary to provide support for me in the United States.

The problem is that the word to 'sell our property' made my mum very uncomfortable to sign a letter specially we both dont know what are the risk if something wrong did happened to me whilst in the US. I dont know if my huband's family can sponsor me. So I am having to use my asset instead to get this visa but I also need to consider what my mother is signing for. Can anyone help me and may be explain if the immigration has the lawful right to make you sell your property within a year (found this infomation on the UK US Embassy FQA's). Please please can anyone help me clarify exactly what the letter is stating.

Confused and concerned

Well, the thing about 'risking' your assets for your own support means that you should understand better under what circumstances your asset would be risked... Have you read the instruction portion of the I-864 that explains that?

There are also 3 links to I-864 FAQs in the DCF Guide here at VJ---you may find more info there about the ways to be certain that your assets will not be at risk (ie, don't go on welfare or other means tested benefits for starters).

Can you link the portion of the London site that says you are compelled to sell you asset within a year? Or are you reading the part that says to qualify as an asset, the asset must be able to be sold within 12 months? There's a difference.

[x.xoo 0]

Thank you all for your help. The asset alone cause quite a concern both my family and my husband's trying to work out what else to do. I now need to find out what the London US consulate wants from the sponsors of my husband. I found out today that his family will be willing to support me and provide what ever information I need to be eligible and provide proof to be above poverty Line. So I need to find out directly what my husband's family would need to provide and as they are in the US how to foward the papers to the London US Consulate as well. If anyone knows anything and advice I would welcome it. I will try and look up here as well.

Cheers

Edited May 5, 2006 by mabuhaycapoeira

[diadromous mermaid 36]

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

As to the jointly held assets that Grandfather wishes not to go into Probate upon his death, just thinking out loud, here. Would a living trust work for Grandfather and solve the problem of joint ownership? Assets could be transferred into the trust and Mother could be trustee.

[meauxna 15]

Thank you all for your help. The asset alone cause quite a concern both my family and my husband's trying to work out what else to do. I now need to find out what the London US consulate wants from the sponsors of my husband. I found out today that his family will be willing to support me and provide what ever information I need to be eligible and provide proof to be above poverty Line. So I need to find out directly what my husband's family would need to provide and as they are in the US how to foward the papers to the London US Consulate as well. If anyone knows anything and advice I would welcome it. I will try and look up here as well.

Cheers

Maybe you could recap who is who and who is offering to do what here.. can't tell who is the USC and what/who is up for Joint Sponsorship if the USC doesn't earn enough.

[zauberblume 0]

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

As to the jointly held assets that Grandfather wishes not to go into Probate upon his death, just thinking out loud, here. Would a living trust work for Grandfather and solve the problem of joint ownership? Assets could be transferred into the trust and Mother could be trustee.

Interesting. That would be an option... if my grandfather had a birth certificate. Because he is an undocumented American citizen, there is no way for him to be a joint sponsor for me. He is willing, though, to write a letter saying that he will sell assets shared with his daughter in the unlikely event that my husband becomes a public charge.

I'm hoping to convince the CO that I don't even need a joint sponsor since, as a PhD student, I'm fully funded for four years. It's a job, in many respects, and it's guaranteed as long as I meet yearly progress requirements. I have a letter from my university and everything. And the stipend is over the poverty guideline and is only for nine months which means I have the opportunity to bring in more income in the remaining three months. Now, the only problem is... I'm currently unemployed (I'm a student at another university for now) but I start my PhD program in September. I've never filed taxes because I've never had sufficient income. For once now I will.

Will the CO require that I have a joint sponsor?

I don't know but I will have my mom's joint sponsor form in hand just in case. But I'm hoping that the CO understands my situation and sees that my husband won't become a public charge.