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Help with Affidavit of Support.

Help with Affidavit of Support.

Old Sep 21st 2004, 3:22 pm
  #1  
Mel
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Default Help with Affidavit of Support.

Hello all good people,
I have never posted in this group, but I have been reading alot, it
was very helpful. I have couple of questions to which I haven't found
clear answers.
So, I am a F-1 student, got married in Octover last year to an
american girl. I have just passed the medical exam, and have all the
required items collected. Here is my question: My wife was a student
in 2001, 2002 and 2003. In 2001 and 2002 she worked part-time, but not
enough to meet the poverty line. Now she has graduated, and started
working in May full time. She is making now well above the poverty
line. On the other hand, I have my stipendship since 2000, which is
above the poverty line.
As far as I understand, here is what we have to do:

* she completes I-864, because she earns enough to support me now, and
includes all the tax returns and all W-2s she has.

* she writes a separate letter, explaining the situation above.

* I complete I-864A, because I qualify as a "household member", and
include my own tax returns etc.

The confusing part is that accoridng to this page:

http://uscis.gov/graphics/formsfee/forms/i-864a.htm

"By signing this form, a household member who is not a sponsored
immigrant, agrees to make his or her income and/or assets available to
the sponsor to help support the immigrant for whom the sponsor has
filed an affidavit of support."

On the other hand, in I-864A iteself, we find:

"...A household member who is also the sponsored immigrant completes
Parts 1 and 4 of this forim..."

So, its not clear whether I can support myself or not.


I would appreciate if someone could clarify this.

Many thanks:)

Mel.
 
Old Sep 21st 2004, 5:39 pm
  #2  
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Default Re: Help with Affidavit of Support.

Originally Posted by Mel
* she completes I-864, because she earns enough to support me now, and
includes all the tax returns and all W-2s she has.
Actually, she completes the I-864 because, as your USC wife, she HAS to be your primary sponsor, regardless of her income (past or present). Even if she's never earned a penny she'd have to complete the I-864.

Don't forget that she also needs a letter from her employer verifying her employment and copies of bank statements (or a letter from the bank).

* she writes a separate letter, explaining the situation above.
I personally don't think this is necessary. It can always be explained at the interview. No need to bog them down with any more paperwork than necessary.

* I complete I-864A, because I qualify as a "household member", and
include my own tax returns etc.
I have read on this NG that technically you don't have to file a separate I-864A form, but it seems to be recommended anyway.

So, its not clear whether I can support myself or not.
Well, you could do whatever you want, technically -- choose to work to support yourself or not. But ultimately, as your USC spouse, your wife will have to be your primary sponsor no matter what.

~ Jenney
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Old Sep 21st 2004, 5:52 pm
  #3  
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Default Re: Help with Affidavit of Support.

I second what Jenney said. When we had filed for my husband, because my sister met the poverty line, we did not disclose our assets. In fact i don't think she did with hers. All she showed was her tax returned and her W2's and i with mine. And we both filled out the form. I as the primary sponser and her as the co.

best of luck.
Jen
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Old Sep 22nd 2004, 5:07 pm
  #4  
 
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Default Re: Help with Affidavit of Support.

Originally Posted by Mel
Here is my question: My wife was a student
in 2001, 2002 and 2003. In 2001 and 2002 she worked part-time, but not
enough to meet the poverty line. Now she has graduated, and started
working in May full time. She is making now well above the poverty
line. On the other hand, I have my stipendship since 2000, which is
above the poverty line.

Mel:
Please review Part 4D of the I-864. You will see the term 'household income'. If you have lived together +6 months, you are household-ed (I made that word up!). Her income + your income = Household income.

You can complete and I-864-A in case your interviewing officer interprets that you need one. If they don't want it, shred it.
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Old Sep 22nd 2004, 10:49 pm
  #5  
Ihsiu
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Default Re: Help with Affidavit of Support.

Hi all, pardon me for cutting into the discussion, I have some related
questions regarding I-864 that I hope you guys might have answer for.

I am the primary sponsor and I am a graduate student. My current
income exceed the 125% poverty level but I've only been in graduate
school for 2 years so for the last 2 years my income did not exceed
the 125% poverty level. Would I need a joint sponsor then? and If
so, how should i indicate on the form that although my current/most
recent tax return showed my income exceed 125%, I would still need a
joint-sponsor? should i attach an additional form?

Ihsiu







antjen <[email protected]_expats.com> wrote in message news:<[email protected] om>...
    > > Actually, she completes the I-864 because, as your USC wife, she HAS
    > > to be your primary sponsor, regardless of her income (past or
    > > present). Even if she's never earned a penny she'd have to complete
    > > the I-864.
    > >
    > > Don't forget that she also needs a letter from her employer
    > > verifying her employment and copies of bank statements (or a letter
    > > from the bank).
    > >
    > >
    > >
    > > I personally don't think this is necessary. It can always be explained
    > > at the interview. No need to bog them down with any more paperwork
    > > than necessary.
    > >
    > >
    > >
    > > I have read on this NG that technically you don't have to file a
    > > separate I-864A form, but it seems to be recommended anyway.
    > >
    > >
    > >
    > > Well, you could do whatever you want, technically -- choose to work to
    > > support yourself or not. But ultimately, as your USC spouse, your wife
    > > will have to be your primary sponsor no matter what.
    > >
    > > ~ Jenney
    >
    > I second what Jenney said. When we had filed for my husband, because my
    > sister met the poverty line, we did not disclose our assets. In fact i
    > don't think she did with hers. All she showed was her tax returned and
    > her W2's and i with mine. And we both filled out the form. I as the
    > primary sponser and her as the co.
    >
    > best of luck.
    > Jen
 
Old Sep 22nd 2004, 11:16 pm
  #6  
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Default Re: Help with Affidavit of Support.

Originally Posted by Ihsiu
Hi all, pardon me for cutting into the discussion, I have some related
questions regarding I-864 that I hope you guys might have answer for.
I responded to the other thread you already started with these same questions.

~ Jenney
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Old Sep 24th 2004, 7:26 pm
  #7  
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Default Re: Help with Affidavit of Support.

I had a question pop up when looking at this thread:

If one is not going to use income (in my case is nil, telecommuting and not donw anything for months--but technically still on someone's payroll) to qualifiy for sponsorship but is going to use non-cash assets (ie houses)...(we have way more than needed)..do I need to provide bank statements?
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Old Sep 25th 2004, 12:50 pm
  #8  
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Default Re: Help with Affidavit of Support.

Originally Posted by Mel
Hello all good people,
I have never posted in this group, but I have been reading alot, it
was very helpful. I have couple of questions to which I haven't found
clear answers.
So, I am a F-1 student, got married in Octover last year to an
american girl. I have just passed the medical exam, and have all the
required items collected. Here is my question: My wife was a student
in 2001, 2002 and 2003. In 2001 and 2002 she worked part-time, but not
enough to meet the poverty line. Now she has graduated, and started
working in May full time. She is making now well above the poverty
line. On the other hand, I have my stipendship since 2000, which is
above the poverty line.
As far as I understand, here is what we have to do:

* she completes I-864, because she earns enough to support me now, and
includes all the tax returns and all W-2s she has.

* she writes a separate letter, explaining the situation above.

* I complete I-864A, because I qualify as a "household member", and
include my own tax returns etc.

The confusing part is that accoridng to this page:

http://uscis.gov/graphics/formsfee/forms/i-864a.htm

"By signing this form, a household member who is not a sponsored
immigrant, agrees to make his or her income and/or assets available to
the sponsor to help support the immigrant for whom the sponsor has
filed an affidavit of support."

On the other hand, in I-864A iteself, we find:

"...A household member who is also the sponsored immigrant completes
Parts 1 and 4 of this forim..."

So, its not clear whether I can support myself or not.


I would appreciate if someone could clarify this.

Many thanks

Mel.
If her CURRENT income meets the requirement, then you should be okay.
They mostly care about current income.
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Old Sep 26th 2004, 8:18 am
  #9  
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Default Re: Help with Affidavit of Support.

Originally Posted by agileflower
I had a question pop up when looking at this thread:

If one is not going to use income (in my case is nil, telecommuting and not donw anything for months--but technically still on someone's payroll) to qualifiy for sponsorship but is going to use non-cash assets (ie houses)...(we have way more than needed)..do I need to provide bank statements?
In theory, you only provide evidence of assets you are using to qualify. So if you're only using the real estate, and not your cash assets, you do not need to show bank statements.

Having said that, there's going to be a human person reviewing your I-864, and they're going to make a human judgment on whether your finances are good enough. They have guidelines, but they have a certain amount of discretion too. Because you might be a little bit borderline (since you haven't actually started that job yet), you want to paint the best picture you can of your financial stability. A solid work history, an offer letter from your future employer - or better yet, a contract - along with lots of financial resources (property + cash) should anything go wrong - that all contributes to making them feel comfortable that your spouse will not become a public charge. So you may want to bring those bank statements anyway.
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Old Sep 26th 2004, 8:03 pm
  #10  
Mel
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Default Re: Help with Affidavit of Support.

Thank you all, I appreciate everyone's input!


Mel.
 

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