melusine

Hello there,


I've been reading these forums for years while we have been slowly eyeing our own move to the US. We now think this will be in the very early part of 2018 so we are starting to look into some details before we kick off the paperwork. I have a couple of questions about the best way to complete the affidavit of support that I am unsure about and am hoping someone can help with.


Our family make-up at the point we leave will most likely be:


My husband - US citizen
Me - UK citizen
2 UK citizen children ( mine from first marriage) aged 16 and 18 respectively.
1 dual UK/US citizen child aged 12.
We are all currently resident in the UK. My husband has lived here for 14 years. He has filed US tax returns every year but currently has no domicile in the US and no US income.


Using the income requirement


I believe that my husband would need to demonstrate income at 125% of the poverty level for a family of 5. However his UK income will cease when we leave the UK.


1 question related to this:


Prior to moving to the UK he was a Union electrician in the US. Union work is contract based - there is no base salary. If he rejoins the Union (this appears to be straightforward) and can show what his likely income would be would this be a sufficient demonstration of income?


If this isn't sufficient does that mean in order to meet the income requirement he would need to move over to the US immediately (not appealing really) to create enough record of income to meet the criteria?




Using the asset requirement


If we count the equity in our UK house we should have more than enough assets to meet the asset requirement. However, I have seen suggestions that property assets may not be preferred as assets as they can be relatively illiquid. Also, there is a possible scenario in which we may not want to sell out UK property immediately so I may prefer to utilise other assets. We may be a little close to the wire on this depending on how it is calculated. I am confused by this section of the wording on the USCIS site:


__________________________________________________ _________


You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

• Exceptions:
  • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
  • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.

You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
You may count the assets of the relatives you are sponsoring.


__________________________________________________ _________

My questions/confusions are:


1) I'm confused about the wording in the exceptions section relating to age of children. Would we need to show 3 times the income requirement in assets as I am the spouse of the sponsor and my eldest UKC child is over 18 or would we need to show 5 times the income requirement in assets as my younger UKC child is 16?
2) Will we be able to count my assets - I am one of the relatives being sponsored (as referred to in their final bullet point) but I have not been listed as a dependent on my husband's tax returns (as detailed in the previous paragraph) as I do not have a social security number?


Thanks in advance for any help that anyone can give.


Melly

Noorah101

No. Future income can't be counted.

Either that, or use assets or a joint sponsor.

3 times.

Assets are joint when you are married, so your assets and your husband's assets can both be counted.

Money in the bank is the best asset, but equity in property is also acceptable. If you end up NOT selling your house, but are renting it out, then the rent money you receive becomes income that will continue from the same source in the USA.

There are some other factors regarding the 16 and 18 year olds, but I'm not all that sure how to explain it, so will let someone else chime in. You do know that they also need I-130's filed on their behalf, with the associated fees, they will also need medical exams with the associated fee, and immigrant visas and associated fees. This will be a very expensive move for all of you. However, I think if the marriage to your USC husband occurred before both children were 16, then they could become USCs upon entry to the USA and require a different I-864 form. But wait for someone who knows more to comment.

Rene

Noorah101

This only applies if they are USCs or US PRs. Since they are not, it doesn't apply to your situation.

Rene

ian-mstm

On the assumption that the marriage to your USC husband took place prior to the children turning 18... did he legally adopt them? I ask, because if he has not adopted the children then you will need written permission from the children's father to remove them from UK jurisdiction. This probably won't be an issue for the 18-year old, but will be for the 16-year old. If written permission is not forthcoming, then you'll need a court order to remove them from UK jurisdiction. Considering their ages, this is likely a formality but will be necessary.

Ian

melusine

Hello;
Thanks for the responses so far! Here are some answers to some of the questions in response


- We did get married before the children turned 16
- My husband did not legally adopt them
- I don't anticipate any problems getting written permission to take the children out of the country (relations are good and my ex has been aware of our plans for some years) - but I had forgotten I might need it - so thanks for the reminder! Do you know at what stage this permission needs to be included with the paperwork by any chance or is it just when we actually exit the country?
- I know we will have a lot of paperwork and cost- hopefully we should be ok with this


So I am concluding from the current responses that:


- we will likely need to use the asset requirement. This would be calculated at 3 times the income requirement for 125% of the poverty level for a family of 5. It will be ok to include the equity in our property as part of meeting this requirement.


Please do correct me if I've misunderstood or missed anything!
I'll almost certainly have loads more questions as we go...


Thanks
Melly

Noorah101

Correct.

Rene

tom169

You'll need this at the visa interview and I would also keep a copy in hand luggage for boarding the flight and when you're at the US border.

ian-mstm

One more thing to consider before you leave... if your husband isn't already a UK citizen, he should seriously consider it. Now is the time, because the opportunity may never come again.

Ian

melusine

Yes we took care of his citizenship some years ago - he is a fully paid up Brit these days!