Steve Homer

Arghhhhhhhhhhhhhhhhhhhhhhh

When I started this nightmare I read that I did not need an AoS IF I had sufficient funds. I did the sums and having sold my flat in London at the top of the market and after a minor inheritance I had LOADS O' MONEY so did not do the original AoS.

At my interview they said I needed an AoS "as an exercise in box ticking" even though I could show savings in excess of £250,000.

I am now filling out my Adjustment of Satus (oh shucks also AoS so lets call that AOS) and we have a new HUGE AoS (I-864).

Now she who must be obeyed does not like the financial commitment this imparts (until I have 40 quarters of work under my belt - yeah right) so the question is (and I know the answer) is there ANY way of me funding my own AoS???

TIA

Miserable of Maui writes

Rete

I take it you are doing adjustment of status in Hawaii (Maui) and you didn't take an affidavit of support from your wife? Where did you hear that you didn't need it and could sponsor yourself. The only time that is possible is if you are doing a K-1 visa and you are going through the US Consulate in London.

For adjustment of status you always need an affidavit from your spouse and if she doesn't qualify, she still needs to complete it and submit it, and you then need a joint sponsor.

Well you wife can't get out of it. No there is no way you can sponsor yourself. Even as a household member you can include your savings but your wife still has to sponsor you. If she is not willing to do that, then I guess you need to file for divorce and return to the UK.

BTW there are other ways to minimize the validity time of the affidavit.

1. Work 40 quarters under social security (10 years);

2. Become a USC;

3. Die;

4. She/sponsor dies;

5. Estate is settled

Steve Homer

Personally I vote for No. 4!!!! Only kidding. Actually things much better. The self AoS was for the London bit and they honest-to-god said (with all the banks statements in front of them) that they needed it but it was just "box ticking".

OK looks like we will have to bite the bullet!

Thanks for the info.

Steve

Noorah101

Hi Steve,

So did they finally allow you to use your own funds for the K-1 visa? I can't quite tell from your posts on this thread. Or did they require your wife to submit an I-134 affidavit of support after all?

Regarding the I-864, your own funds CAN be used, as an asset on the I-864. Your wife MUST file an I-864, she IS your financial sponsor, even if you are contributing your own savings to the mix.

Savings (assets) must equal 3x what you would have needed in income.

So, if you have enough savings in the bank (about $57,000), you can probably just use that on the I-864 and not mention your wife's income, if she has any. However, that will not stop the US government from coming after HER if you use means-tested benefits, like food stamps or welfare.

Was she not aware ahead of time that she'd have to file an I-864 and be your financial sponsor for your AOS?

Rene

Steve Homer

Rene Hi

No they made me do the I 134 (that was what they called "box ticking" even though they should not (lets not go there)).

To be honest neither she nor I expected another Affidavit would be necessary - didn't she already say she agreeed to all this (and lets not go there)?

OK now if I use my savings don't they have to be in the US?? (Most of my funsds are still earning 3.2% interest in the UK).

If, however, I can use my UK funds can she avoid having to send in her tax records (she does not have these easily available (they are in San Diego we are in Hawai'i))?

Once again thanks dearheart for your help.

Steve

ian-mstm

The I-134 is a non-binding contract... so she didn't actually agree to anything since the I-134 is not enforceable. The I-864, however, is a binding contract with the US government.


Perfectly okay to use them... since the money is continuing to flow into your account even though you're in the US.


Your wife must complete an I-864. If she is also your financial sponsor (meaning, no joint sponsor) she must provide copies of her tax returns. She can get free transcripts from the IRS... no need to worry about where the copies are. If she has insufficient funds, you'll need a joint sponsor - and then the joint sponsor must complete an I-864 and provide copies of tax returns.

If your wife refuses to file an I-864, you may as well go home... because there's no getting around that bit!

Ian

Noorah101

It's always up to the ConOff's discretion what evidence to accept that you won't become a public charge in the USA. Evidently your ConOff wanted to go the more traditional route and use an I-134.

Ah, it's unfortunate that you guys didn't research the AOS process ahead of time, then you both would have known that the I-134 is only for the K-1 visa, and the I-864 is for the AOS process. No, she only agreed to bring you here and marry you. Once married, if you want to become a PR, she has to agree to be your financial sponsor again for the rest of the process, so you can become a PR and remain in the USA. The I-134 was not a binding contract with the US gov, the I-864 is.

It's probably OK to use your savings that are in the UK. The final determination will be up to the officer at your AOS interview.

No. Even though your savings are being used, she is still your sponsor. She still needs to complete and sign an I-864, and needs to provide the most current tax return. She can call IRS to request a tax transcript. They are free and come in the mail.

She has to complete an I-864 and supply all the required documentation in order for you to adjust status to permanent resident...no way around it.

Rene

Rete

I'm not a Brit and the sense of humour sometimes does escape me. I do hope that all the negative references to your new bride are just that: jokes. If they aren't, I do hope that you escape a marriage that you don't apparently feel happy in, i.e. bully of a wife, in-laws that suck, etc.

Madelina

I was thinking that too - its not the first time OP has made kinda negative references - i hope the stress doesnt kill the excitement of starting a new life together

Steve Homer

Rete I am half joking but only half. Things are pretty bloody but I still hope we can work them out. Our situation is uniquely stressful and the visa process has had a sort of magnifying effect on other issues. Things, belive it or not are getting a lot better but...

We now have a new one. Rebecca comes from a financially paranoid family. I made the mistake of reading her a rather sad thread from someone who has been dumped by their US husband and someone advised signing up for every available benefit so he would get charged for that. I thought it quite amusing in a bitter sort of way.

My best beloved has, just now, suggested that I take out an escrow account to protect her against future financial harm if we separate and I give away my $400,000 and sign on for benefits!

Has anyone heard of this/done this? Any thoughts. Has any USC actually been chased down for an arrant spouses benefits?

Grateful for any thoughts - I must confess I am beginning to think of throwing in the towel. If I look six months out I think we can be fine but this coinstant beating over the head is seriously giving me a headache.

Love to all
Steve

Noorah101

Did you guys ever do the prenup agreement to protect her assets in case of divorce?

Yes, the US government can and will go to the USC to recoup the funds if you use means-tested benefits, such as welfare or food stamps. Divorce does not free her from this responsibility.

I guess unfortunately you only have a few choices...do what she wants and set money aside for her "just in case", don't do what she wants and see what happens, or as you say just throw in the towel now and be done with it all.

On a personal note, I find it strange that she wanted you to come here, she wanted to marry you, she wanted you to stay here....but is unwilling to do what it takes to make that happen. Has she had a change of heart about the whole marriage in general? I'm sorry you're going through a hard time.

Rene

Madelina

Sounds like you're being dragged through the mill a bit Steve, i truly hope you can work things out... you use the phrase "she who must be obeyed" a lot and i have to admit it always makes me wince, for i'm an old fashioned gal.. .to me, its HE who must be obeyed well, mostly, though subtle art of female persuasion has its merits

Sally Redux

Get out while you can.

Bill_S

This

Mummy in the foothills

Yeah that!
I sounds like it's going from bad to worse.