crabcakeface

Hi,

We intend to use our assets on the affadavit of support as we have not yet secured jobs but having just paid for a wedding etc our savings have taken a bit of a hit. My mother who lives in a America could potentially fill out the I-864 to be a joint sponsor but to make things less complicated she said she would deposit some cash into my US bank account.

Does anyone see an issue with this?

Also does it matter if I list bank accounts from the UK and US to prove we have the assets?

Noorah101

The bank accounts can be anywhere, that's not a problem


It could be a problem for mom to deposit cash to your account, though. Depends how much you're talking about. If your statement shows one large chunk of money going in, the CO might want to know where that came from. And if it's from a person, they want to see proof that it's a gift to you, not a loan just to improve the way your finances look.

Rene

crabcakeface

Ok thanks. That is my concern. We will have the majority of the money by that point so it would be less than $5k. She is just a back up really but I just wondered if anyone had experience with this.

carlrush

The guidance states you need proof of ownership for the assets/savings you're using.

I've had experience of explaining a gift (although not for the I-864) and a simple letter from the family member was acceptable. It confirmed that this is a gift with no requirement for repayment and it is given without condition.

Also, don't forget that in order to qualify on this basis the total value of your assets must be equal to at least three times the poverty level (assuming one of you is a US Citizen and the other the spouse).

Mangaboy84

I've been looking at this myself recently and came to the conclusion that the USC can use income to reduce the overall asset amount required.

since they already said it could be reduced from 5 to 3 times for a spouse i just assumed this could also be applied to the example.

Million dollar question tho, is my assumption right?

ian-mstm

Yes. If there's a shortfall between income and asset requirement (3x for spouse; 5x for everyone else), then assets can be used to top up the deficient income amount for the I-864. In the example you gave, assets for a spouse visa would need to equal $12,000 (3x $4,000).

Ian

AndyMan74

Hello all,

I may have asked a similar question is a past post but now I have got my head around it all, thanks mainly to the kind folks on this forum I thought I'd just clarify.

I'm a UK/US citizen living in the UK and my wife is a UK citizen and we would like to move state side in the near future. We would both need to find jobs when we arrive so a I-864 is required. We would use the assets in our house and If needed our savings. As I understand it the poverty level would be $20,000 x 3 = $60,000 in assets. Is this correct?

And two other quick question. I have £20,000 in premium bonds and will be filling my 1040EZ in the new year...does this need to be included on the tax return? I was wondering as premium bonds are tax free (In the UK at least).
I have been married 3 years and on my 1040EZ have checked the Married filing separately box as my wife's income has nothing to do with the US, is this right?

Thanks

Andy

ian-mstm

To clarify, an I-864 is required regardless of whether or not you need jobs.


If there's just two of you, $20,025 x 3 = $60,075... yes.


If you're cashing in the bond, then yes - it needs to be included, whether it's tax free or not. You add it in at the beginning and subtract it out at the end because it's tax free. It's still income! If you're using only the interest from the bonds, then the interest is declared on your tax return.


For US immigration purposes, so long as you file as "married" it doesn't matter whether it's "separate" or "jointly". Usually though, filing jointly increases your deductible which means a lower tax burden and/or a higher refund amount. It's your choice. Many people prepare the return both ways and then file the one that results in the best advantage for them.

Ian

leah_aalin

Sorry to hijack the thread somewhat, but I'm confused! I'm in the process of filling out i-130's for my husband and two daughters, with the intention to move to the US in the next year or so (I am dual US/UK living in UK). I've just been reading the USCIS website and I understand that I'd have to submit an addiavit of support for my husband, but then read that i DO NOT have to submit an I-864 if my children:-

"Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 "

Have I understood this correctly?

Leah

ian-mstm

If you lived in the US long enough to pass US citizenship to your children, then they were US citizens at birth - and do not require a visa. They will, however, need to be included under household size for the I-864... but as USCs they do not require financial support. They will need US passports to enter the US.

If, however, you did not live in the US long enough to pass US citizenship to your children, then they will require immigrant visas - the same as your husband. In that case, they still figure into your household size, but instead of an I-864, they will each require an I-864W. The "W" is important - because if they are under age 18, they will automatically become USCs the day they enter the US with their immigrant visas (as a process of US law) and, again, will not require financial support.

I hope I've explained that well enough for you. If you have questions or find anything confusing, please ask!

Ian

leah_aalin

Thank you Ian! Unfortunately I don't qualify to pass my citizenship on to my children, so immigrant visas it is! I thought I had it all worked out, but then this affidavit of support thread came up and flummoxed me. I will add the I-864W to the ever increasing list of forms I will be filling in....