dukespecial

Hi all,

I have been reading the site on similar topics and everyone here seem to know a fair bit and we have been wondering how things are with the I-864 when using assets.

We intend for my wife to return to America in Jan 2013 but when she returns she will need to buy a car, as it is tough to get credit in America having been gone for a while I was thinking of taking out a loan in the UK to fund the purchase of the car so around £7000. The only thing is with our application being based on assets when we provide our bank statements we will have all of our savings in the US account, so it would have only been open less than 12 months and have lump sum deposits. So would we also need to show 12 months of UK statements which would then also show the loan going in and being transferred but then being spent, if so how would this affect our application as it is a huge worry.

Also am I correct in thinking that if my wife gets a job earning $12000 that we would probably need at least $23000 in savings to prove that we are over the poverty ratio or should we really have more?

Any help is most appreciated. Sorry if I have not explaining myself well, anything that needs clarifying I will!

Thanks,

Andrew

jeffreyhy

I don't know if you're over-thinking this or not, but the main thing is that there be a sufficient balance at the time the I-864 is submitted. Sounds about right. Possibly that's a big "if", and depending on the nature of the job and her time in it the income might not be taken into account. You might want to plan for having enough in savings to cover for no income.

And the immigration requirement aside, you might also want to plan for how much money you're really going to need to feed, clothe, and house yourselves, which can vary quite a bit across the USA. The immigration requirement is really quite minimal, it's not fun living at 125% of the poverty level. You should really have a lot more.
Regards, JEff

dukespecial

It is not really over thinking more to the point that whether the UK Loan would affect the I-864 or not as we would have around $23000 at the interview. We worked out after expenses with just one wage we will have enough to live comfortably and well above the poverty line that is not really an issue, especially as I hope to get a job quickly.

My wife would have 3 months paystubs when it came to the time of the interview so that should be taken into account? (The job is in retail)

Thanks for the reply : )

Noorah101

According to the I-864P, if it's just the two of you in the household, your wife will need to be earning at least $18,387 a year. If she gets a job that only earns $12,000 a year, she will be lacking $6,387. To use assets to make up that difference, you'll need 3 x $6,387, which comes to $19,161. So if you have $23,000 in cash savings, it will be enough.

Rene

jeffreyhy

OK, as long as you've worked it out. A lot of people focus on the immigration aspect and don't seem to pay enough attention to the practical aspect of why the financial support requirement exists.

As for hoping to get a job quickly, hopefully the employment situation in the USA will start to turn around soon. But it's been in the doldrums for several years now, and the current political atmosphere is not encouraging.
Maybe. Maybe not. It's not so simple and you haven't provided sufficient detail. More than a few people who are new to a job are required to get a joint sponsor because they don't have enough of an employment history to give a sense that the income is sustainable. Many jobs these days start out as temporary, or probationary, so there's no assurance that the job will become 'permanent' and the income will be ongoing. Many jobs in retail can be seasonal. Jobs with companies that are known to be in financial difficulty may be expected to be here today, gone tomorrow.

The consular officer will decide based on the detailed and specific information that is presented in the I-864 and supporting documents. Trying to guess the decision based on a few general statements can be highly speculative.
Regards, JEff

dukespecial

Thank you so much for the replies. Jeff those are very valid points and I am not one to not work things out meticulously, it is far too easy to think you have more than you have. My line of work also ensures I will still be able to do freelance for previous customers in the UK etc so I know we will be secure, again though thanks for raising those points especially the work matter (we would have stayed longer and saved more but the UK visa date ends in 2013), we will look into it some more just to be on the safe side, wouldn't a letter from an employer stating my wife would be resuming her old permanent position be enough?

Rene thanks for that, for some reason I had calculated it to be 21000!! That is definitely more encouraging!!

Oh one more thing, if we were to apply in January, if you put down your intended move date as July the following year will they schedule it close to the move date?

Noorah101

Applying in January would be too early, I think. It typically takes 8 - 10 months for the visa process, and then the visa is good for 6 months after issue. So if you apply in January, you will get the visa around Sept/Nov. Six months later would be April/June. Waiting until July would mean your visa expires before you could use it.

Rene

jeffreyhy

Looking better from the practical standpoint. How you might demonstrate it from the immigration standpoint is something you might want to think about.
It would be good to have, I should think, but I don't know about "enough". How it's written and what it says could be important - the 'firmer' the better. Job offers can disappear as quickly as they were made.

You might want to read 9 FAM 40.41 Notes, in particular N5, and Procedural Notes, in particular PN2, to get an idea of the guidance that is given to consular officers. It's general guidance, and particular consulates and consular officers may have their own interpretations, but you may find it helpful.
I agree with Rene - you might be starting a little bit early based on current processing times. But the consular section in London has shown itself to be reasonably accommodating, and if things seem to be going too fast you can always request a delay of interview so as to avoid having the visa issued too soon before you're able to use it.
Regards, JEff