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I 864 Affidavit of Support - US sponser has no income

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Old Nov 8th 2012, 7:27 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Everyone has been very helpful. We don't actually want to schedule my husband's medical until March as we don't plan to move until July/August when our daughter has finished the school year. We've got his ACRO and have sorted out a joint sponsor for the I-864. We are holding off sending on the DS-230 Part I and Part II until after the medical in March. Is this the right thing to do? I figured we'd send those in with the DS-2001 when we were ready to have the interview. If anyone has any thoughts please lets know.

Thanks,
Lynn
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Old Nov 8th 2012, 8:02 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Rene, that's some fantastic advice you've given me there, thank you so much.

I'm just printing off the I864 form off right now and have had a very quick look at it online.

We're very hopeful that our house will sell very soon (not sure if that would be before my interview took place though), and obviously we would never go over to the USA without it being sold.

That's why I was wondering what would happen at the interview if I was only able to show our main asset, ie the unsold house's for sale schedule, title deeds, valuation, etc, and a copy of my latest mortgage statement to show how much equity there will actually be once it is sold?

Is that the kind of thing some people do, as I have no idea.

We are reasonably fortunate that we have a couple of interested buyers here just now, and if everything falls into place then we will have the cash in the bank which would probably just as good as seal things hopefully.

However, do you happen to know if I could still go to the interview with only the unsold house as our only source of capital (obviously with the intention to remain in the UK until it is sold), or do you think it would be wise to do that?

Also, does my wife, the USC, need to show her tax returns as she's been over here now for a year and a half and says she doesn't have them all, or hasn't submitted any for the basically the last 2 years as she's been working over here.

Is it a neccessity for me to take them with me when I go?

Why is this all sooooooooooo confusing

Thanks again in advance of any assistance/words of wisdom that you could offer me People like you and these forums are an absolute godsend
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Old Nov 8th 2012, 8:16 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Originally Posted by thommo7879
We're very hopeful that our house will sell very soon (not sure if that would be before my interview took place though), and obviously we would never go over to the USA without it being sold.
Hmmm. If you would never go over to the USA without it being sold, then you might very well be doing all this in vain. What happens if you get your Immigrant Visa (using the value of the house as an asset) and yet your house does not sell by the time you must use the visa? Many people go ahead and immigrate and then come back to tie up loose ends, like selling a house and whatnot...but you'll be paying the US some kind of tax on the sale of the house (because you'll be a PR by then), or if it still doesn't sell within the next few months after becoming a PR, you can't stay back in the UK forever waiting for it to sell. Many people have someone take over the sale of the home after they immigrate...a lawyer or real estate agent or something. That might be an option for you.

That's why I was wondering what would happen at the interview if I was only able to show our main asset, ie the unsold house's for sale schedule, title deeds, valuation, etc, and a copy of my latest mortgage statement to show how much equity there will actually be once it is sold?
If the ConOff believes the house will sell at that value within one year, in this market, it may be acceptable. What would happen then, if accepted, is that you'll get approved for your Immigrant Visa.

Is that the kind of thing some people do, as I have no idea.
Yes, they do. Some get approved, some don't. It all depends on whether the ConOff believes it's going to happen or not (the sale).

However, do you happen to know if I could still go to the interview with only the unsold house as our only source of capital (obviously with the intention to remain in the UK until it is sold), or do you think it would be wise to do that?
Yes, you can, and I highly suggest once you have the interview date, don't postpone or cancel it. Go to the interview, and if there is something else the ConOff needs (such as a joint sponsor, or the final sale of the house), she will let you know and will give you time to get that done. Your visa will be approved when that is finished and you send in the proof.

Also, does my wife, the USC, need to show her tax returns as she's been over here now for a year and a half and says she doesn't have them all, or hasn't submitted any for the basically the last 2 years as she's been working over here.
Yes, the USC is supposed to provide the most recent 3 years of US tax returns, if she was required by IRS to file one. If she's been working and earning the minimum level of income designated by IRS to require filing a tax return, she should have been filing them. She'll have to file back tax returns for the missing years.

Is it a neccessity for me to take them with me when I go?
A photocopy of them, yes.

Why is this all sooooooooooo confusing
It's not! LOL

Rene
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Old Nov 8th 2012, 9:46 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

No, I don't think that. I do think that you may be trivializing, or underestimating, the significance of I-864. It's not just another form to be filled out and rubber-stamped, considering how you're going to be supported should not be put off to "the last thing".
Originally Posted by thommo7879
Please don't think I was rubbushing the policy or anything like that, as it's the last thing that I think I'm going to need to look at, plan, and sort out before being ready for an interview.
Not at all obvious - people do it.
Originally Posted by thommo7879
We're very hopeful that our house will sell very soon (not sure if that would be before my interview took place though), and obviously we would never go over to the USA without it being sold.
Assets must be able to be converted into cash within one year without undue fiancial harm to the owner. If the house remains unsold for a while then there are two significant concerns:
- it may remain unsold for an undefinite time to come, or
- to get it sold the price may have to be reduced, perhaps significantly.
Either way, an unsold house may not qualify for the I-864. So, as Rene indicated, cash is the king of assets.
Originally Posted by Needgreencardhelp
That's why I was wondering what would happen at the interview if I was only able to show our main asset, ie the unsold house's for sale schedule, title deeds, valuation, etc, and a copy of my latest mortgage statement to show how much equity there will actually be once it is sold?
If she's had an income, either earned (from working) or unearned, that excedes the minimum amount required for filing a tax return, then she should have filed US tax returns. If she should have filed US tax returns and hasn't, then she should do so now. The fact that she's been working "over here" is not relevant, the IRS does not care where she's been working or if she's been working at all. If she's had an income, the IRS wants to know about it.
Originally Posted by Needgreencardhelp
Also, does my wife, the USC, need to show her tax returns as she's been over here now for a year and a half and says she doesn't have them all, or hasn't submitted any for the basically the last 2 years as she's been working over here.
Regards, JEff
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Old Nov 8th 2012, 9:58 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Thanks yet again Jeff. Spot on, and very informative as before.

I told my other half she needed to fill in her returns, but she didn't believe me.
Rest assured that she'll be onto it tomorrow though.

And fingers cossed that we can get thi shouse sold soon so we have the cash in the bank as that seems the best option

Am I correct in believing though, that basically anyone n the USA can act as a sponsor for me if all else failed.

It's just that I have an uncle who lives over in Florida (20 years plus), who I'm sure wouldn't have a problem in agreeing to sponsor me if required?

I take it, if I used him, then the same details would be required for the form, ie, his last 3 years tax returns, etc?

We're going over there in January for 10 days to "house hunt" and I thought I could get him to complete the form and get his details/returns/etc then.

Just trying to think of a backup plan if all else failed
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Old Nov 8th 2012, 10:04 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Originally Posted by thommo7879
Am I correct in believing though, that basically anyone n the USA can act as a sponsor for me if all else failed.
The joint sponsor must be a US citizen or PR, over age 18, and living in the US. If the person meets all 3 criteria, then they can be a joint sponsor. Be aware that the joint sponsor must have sufficient income for his household + the alien, or assets at 5x (not 3x as for a spouse) the amount.


I take it, if I used him, then the same details would be required for the form, ie, his last 3 years tax returns, etc?
Right!

Ian
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Old Nov 8th 2012, 10:06 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Yes. Any citizen or Permanent Resident who resides in the USA. EDIT: And, as Ian wrote, who is over 18 years of age, and has sufficient financial resources.
Originally Posted by thommo7879
Am I correct in believing though, that basically anyone n the USA can act as a sponsor for me if all else failed.
That should work. Just be sure that he understands what he's signing - it's a contract with the US government that he will repay any means-tested benefits that a government agency may give you, and provide you with a certain level of income should you need it. He will be joint sponsor, your wife must be your sponsor and provide her own I-864 in any case.
Originally Posted by thommo7879
It's just that I have an uncle who lives over in Florida (20 years plus), who I'm sure wouldn't have a problem in agreeing to sponsor me if required?
Yes.
Originally Posted by thommo7879
I take it, if I used him, then the same details would be required for the form, ie, his last 3 years tax returns, etc?
Regards, JEff

Last edited by jeffreyhy; Nov 8th 2012 at 10:08 am.
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Old Nov 8th 2012, 5:56 pm
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Default Re: I 864 Affidavit of Support - US sponser has no income

Everyone has been very helpful. We don't actually want to schedule my husband's medical until March as we don't plan to move until July/August when our daughter has finished the school year. We've got his ACRO and have sorted out a joint sponsor for the I-864. We are holding off sending on the DS-230 Part I and Part II until after the medical in March. Is this the right thing to do? I figured we'd send those in with the DS-2001 when we were ready to have the interview. If anyone has any thoughts please lets know.

Thanks,
Lynn
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Old Nov 9th 2012, 1:41 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

I'd send the DS-230-I sometime in the next couple of months, ahead of the DS-2001.

The DS-230-II is better taken to the interview with the other supporting documents, not sent prior.

Regards, JEff
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Old Jan 9th 2013, 5:52 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Right now I'm trying to complete the form I-864 so that I can send away my letter for an interview date in London, and am looking for some assistance with filling out this form please

My wife is the USC and lives over here with me in the UK.

We are using the savings that we have in the bank and the Assets/Equity of my (unsold) house as our means of qualifying.
The total figure of our assets well exceeds the 3 x multiplier of the poverty line total., so this part seems pretty straightforward

The areas that I'm unsure about though are as follows-
Part 6 - Sponsor's income and employment.
My wife works in the UK, and obviously once we've moved to the US, she wont have this UK income anymore.
Am I correct in thinking that I have to still enter this information in this section though, even though it will not be applicable when we are in the US?
Also, as all the figures requested in the form are are in US $$, is it okay, just to convert these figures from GBP at say today's exchange rate?

Similarly, should I be entering my current income details in Section 24.
I dont think that I would, but my OH seems to think I should do.
Obviously my income from my job here in the UK would also cease as soon as we moved to the USA, so I don't think this would be relevant either?

Hopefully someone can give me some advice on the above so that I can have the form is filled in correctly for when I travel down to London for my interview, as I'm hoping that this will be the final step in the process for me.

Thanks in advance for any assistance given
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Old Jan 9th 2013, 6:42 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Originally Posted by thommo7879
Part 6 - Sponsor's income and employment.
My wife works in the UK, and obviously once we've moved to the US, she wont have this UK income anymore.
Am I correct in thinking that I have to still enter this information in this section though, even though it will not be applicable when we are in the US?
Yes, all correct.


Also, as all the figures requested in the form are are in US $$, is it okay, just to convert these figures from GBP at say today's exchange rate?
Yes, correct.


Similarly, should I be entering my current income details in Section 24.
No. The I-864 is to completed by the USC sponsor only. Your income doesn't enter into the equation.


I dont think that I would, but my OH seems to think I should do.
You do not.


Obviously my income from my job here in the UK would also cease as soon as we moved to the USA, so I don't think this would be relevant either?
Right... and so would hers if she's currently working. But since you're using assets, income won't likely be an issue.

Ian
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Old Jan 9th 2013, 7:05 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Thanks very much for your reply Ian, your advice really is greatly appreciated.

I think I've now filled out the form correctly?

The house here, and the bank account here, are all in my name only, so do you know if all I have to do is enter these amounts into
Section 28 - Assets of the principal sponsored immigrant? as that is what I've done.

Also, I understand that as proof, all i'll have to take along to the interview with me, is my latest mortgage statement showing the amount outstanding, as well as my home valuation report showing the property's value, a property (for sale) schedule, bank statements showing the savings figure, etc.

I keep on seeing form I-864A metioned, but as far as I know this doesn't apply to me, as it's only me (the spouse) who is emigrating, and we are using the assets method to show proof of solvency/funds to exceed the poverty level figure.

I'm finding this final step the most confusing of all, and just want to make sure everything is right before sending my letter away to London.

Thanks again for any advice given in advance.
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Old Jan 9th 2013, 7:14 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Originally Posted by thommo7879
I think I've now filled out the form correctly?
You keep saying "I", but what you really mean is "my wife", correct? You don't fill out the I-864, your USC wife does.

The house here, and the bank account here, are all in my name only, so do you know if all I have to do is enter these amounts into
Section 28 - Assets of the principal sponsored immigrant? as that is what I've done.
Yes, correct. Your assets are also your wife's assets, by virtue of being married.

Also, I understand that as proof, all i'll have to take along to the interview with me, is my latest mortgage statement showing the amount outstanding, as well as my home valuation report showing the property's value, a property (for sale) schedule, bank statements showing the savings figure, etc.
Sounds right to me. The ConOff can ask for any additional evidence she wants, but you won't know what she wants until you present what you have.

Don't forget to bring the most current 3 years of USC's tax returns.

I keep on seeing form I-864A metioned, but as far as I know this doesn't apply to me...
If you are not using a household member's income to qualify, then I-864A does not apply to you.

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Old Jan 9th 2013, 7:40 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Thanks for the reply and advice Rene.

Sorry, yes, I do mean "my wife" when I keep saying "I" as I'm just filling everything out and my wife is signing it all off

I think we are as good as done with all the forms now, and I'd like to say just how informative and helpful this forum has proven to be to me.

Likewise, to people like yourself, who give up their valuable time to help out, advise and assist numerous other people, just like me, through all the stages of this process.....you guys all have hearts of gold, a all deserve a medal (or even a paycheck

Off to work tonight, to copy all of my documents, and will send off the interview readyness form tomorrow, a few days in advance of our house hunting trip over to florida next Tuesday

Thanks again to everyone for all of your input.

Will definitely post back again once I'm at/have gone through the interview process to let you know how things are progressing

Cheers
Graham
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Old Jan 9th 2013, 8:48 am
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Default Re: I 864 Affidavit of Support - US sponser has no income

Not at all obvious - some people get transfers to a US office of their current employer - so it's good that you provided the information about your situation.

Beyond that, I agree with the answers that Ian gave you.


Regards, JEff


Originally Posted by thommo7879
Obviously my income from my job here in the UK would also cease as soon as we moved to the USA, so I don't think this would be relevant either?
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