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-   -   I-864 Affidavit of Support questions - IR1 Visa (https://britishexpats.com/forum/marriage-based-visas-35/i-864-affidavit-support-questions-ir1-visa-771683/)

OnlyHope Sep 15th 2012 7:08 pm

I-864 Affidavit of Support questions - IR1 Visa
 
Hi All,

Just a couple of questions regarding the affidavit I would really appreciate help with. My husband (USC) will not have an income when we leave the UK. We are using his dad, my FIL as a joint sponsor and will also be using MIL's income to sponsor me. Since they file their tax together how should question 25 on the I-864 be filled as it seems MIL will have to fill in I-864a question 11?

FIL retired in 2010 and the MIL retired mid 2011. I have copies of their tax returns for 2009, 2010 and 2011 which is over the poverty guidelines enough for several more people. As they are no longer working and are both now only on social security their current combined income differ dramatically to the previous tax years. Please can you advise whether the income difference will be questioned by the consular officer? Should we obtain evidence of their current income or is this irrelevant? :confused:

lansbury Sep 15th 2012 8:43 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Their current income is very relevant. You can't base you application on what they did earn prior to their retirement. You will need to provide proof of what their income is now. As is derives from Social Security I would assume the CO will take it as read it is a permanent source of income.

OnlyHope Sep 16th 2012 1:27 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Thanks for your response. we will ask them for more info, maybe assets. FIL actually retired in 2009. Just awkward as they can pull money out of their pension when they need it and so there really is no set stable amount each year.

Noorah101 Sep 16th 2012 3:13 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 

Originally Posted by OnlyHope (Post 10283541)
Thanks for your response. we will ask them for more info, maybe assets. FIL actually retired in 2009. Just awkward as they can pull money out of their pension when they need it and so there really is no set stable amount each year.

If the pension is in the form of savings in the bank, then that becomes an asset rather than income.

If they receive a monthly income from Social Security, for example, that is considered income.

If they are using something like savings in the bank, which are assets, the assets need to equal 5x what was needed in income.

Rene

hetta54 Sep 19th 2012 2:52 am

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Hello, question about the affidavit of support as well...

Can there be two sponsors (My mom and dad)??...They are divorced.

As I just finished studying and do not have an income at the moment

Noorah101 Sep 19th 2012 3:01 am

Re: I-864 Affidavit of Support questions - IR1 Visa
 

Originally Posted by hetta54 (Post 10288053)
Hello, question about the affidavit of support as well...

Can there be two sponsors (My mom and dad)??...They are divorced.

As I just finished studying and do not have an income at the moment

No. You are the sponsor. There can only be one joint sponsor for each immigrant. If your parents were living in the same household, one could be a contributing household member on the joint sponsor's I-864 and use combined income. But since they're divorced, I assume they don't live together, so that's not going to work.

Do neither your mom nor your dad earn enough individually to be a joint sponsor?

Rene

hetta54 Sep 19th 2012 3:44 am

Re: I-864 Affidavit of Support questions - IR1 Visa
 
I just found this on the embassy website......

Is there a limit on the number of joint sponsors?

No, there is no limit. However, each joint sponsor must meet the income requirement of the Federal poverty guidelines for your household size.

---My mom makes 24,000 on her own now and she owns her house is that enough? I know it says 18,900 for poverty guidelines (because she is on he own now) but I feel like its not enough of support since how I made nothing being a student. ughh so stressed.

Noorah101 Sep 19th 2012 4:19 am

Re: I-864 Affidavit of Support questions - IR1 Visa
 

Originally Posted by hetta54 (Post 10288095)
I just found this on the embassy website......

Is there a limit on the number of joint sponsors?

No, there is no limit.

Do you have the link to this? It does not sound correct. There can only be one joint sponsor per immigrant.


---My mom makes 24,000 on her own now and she owns her house is that enough? I know it says 18,900 for poverty guidelines (because she is on he own now) but I feel like its not enough of support since how I made nothing being a student. ughh so stressed.
How many people are in your mom's household? Is it just her? How many immigrants is she sponsoring? If it's only your mom and your spouse, then you need to look at the I-864P, 125% column, for a household of 2 (your mom plus the immigrant). If she earns over that amount, or has assets in the value of 5x what's lacking in income, then she qualifies.

Rene

hetta54 Sep 19th 2012 12:15 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
http://london.usembassy.gov/faq_i864...tml#sponsor007

There is the link!!

And yeah she earns a little bit over the 125% on the I-864P form for 2 people, and she has 5x the assets.....but I feel like her yearly income is too close to the minimum amount since how I have no income from being a student.

I'm wondering if I should have my brother fill it out because he earns more a year but has less assets and a high mortgage.


Thanks sooo much for your response!

ian-mstm Sep 19th 2012 12:32 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 

Originally Posted by hetta54 (Post 10288778)

You are misinterpreting what's written. Each alien can have only one joint sponsor. If, however, there are 3 aliens... then there can be 3 joint sponsor... one for each. But, bottom line, each alien can have only one joint sponsor.



I feel like her yearly income is too close to the minimum amount...
If she meets the minimum, she'll be fine! There's a reason that there's a set minimum... because it actually is the minimum! Anything more than that is a bonus. :)

Ian

hetta54 Sep 19th 2012 12:46 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Great thanks, so they wont deny his visa (for financial reasons) as long as she is at or above the minimum no matter how much over?!

jeffreyhy Sep 19th 2012 4:41 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Further explanation is required, because there can be no more than 2 joint sponsors for any 1 petition. If a petition covers 3 aliens - 1 primary benficiary and 2 derivative beneficiaries - then there can be 1 joint sponsor for 1 of the aliens and 1 joint sponsor for the other 2 aliens. There cannot be 3 joint sponsors, 1 for each alien.

Regards, JEff



Originally Posted by ian-mstm (Post 10288795)
If, however, there are 3 aliens... then there can be 3 joint sponsor... one for each.


jeffreyhy Sep 19th 2012 4:46 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Does "no matter how much over" mean 'barely over' or 'Romney-like over'?

Assuming the former, the level of income is not the only criterion. There is also the sustainability of the income. If there is an indication that the income is not sustainable, and the assets are not sufficient to make up for the shortage of income, the case officer can require a joint sponsor.

Regards, JEff



Originally Posted by hetta54 (Post 10288821)
Great thanks, so they wont deny his visa (for financial reasons) as long as she is at or above the minimum no matter how much over?!


Noorah101 Sep 19th 2012 4:48 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 

Originally Posted by hetta54 (Post 10288821)
Great thanks, so they wont deny his visa (for financial reasons) as long as she is at or above the minimum no matter how much over?!

The visa won't be denied due to financial reasons, without first giving the applicant a chance to correct the situation. If the ConOff doesn't like something about the I-864 scenario, she will give the applicant some time to gather other documents or present a new I-864. The visa won't be denied outright.

Rene

hetta54 Sep 20th 2012 12:47 pm

Re: I-864 Affidavit of Support questions - IR1 Visa
 
Thanks!

Rene, so if they think my mom does not make enough money to support my spouse (even though she meets the minimum) would they ask for a different sponsor or just ask for more information from my mom


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