jsgill1

I am planning to marry my finace in July, it was decided that her mother would be the joint-sponser, she has since changed her mind.

I have been studying the I864 form since, there is section within the form that states that if you the sponser or joint-sponser is unable to meet the guidelines, the following can apply:

If your total household:
income does not meet the minimum income requirement, the
intending immigrant will be ineligible for an immigrant visa or
adjustment of status, unless:

The immigrant you are sponsoring provides evidence
of assets that meet the requirements under “Evidence
of Assets� below;

I have savings and cars that can be used to show I would not require federal grants\benefits etc.

I am reading the above correctly?

If this in not correct what other options are we left with?

thanks in advance

ian-mstm

I'm sure others will correct me if I'm mistaken, but from my understanding, you are correct. The alien spouse's assets can be counted - but (and it's a huge but), the general guideline is 10:1. That means for every $10,000 in assets the alien spouse has, it counts towards only $1,000 in actual value towards the requirements of the I-864. By that reckoning, one would need substantial assets to be considered useful.

If this is beyond your means, I believe your only other option is to find a new co-sponsor.

Ian (and Sheila)

---------------------------------------------------
Timeline:

Mailed I-129F: November 28, 1997
K-1 interview in Montreal: March 27, 1998
Married Sheila: May 23, 1998
Filed for AoS: June 15, 1998
AoS interview: February 20, 2001
Received PR status: March 4, 2001
Applied for Citizenship: December 8, 2003
NoA: Priority date - December 11, 2003
Fingerprinted: January 20, 2004
Citizenship Interview: May 5, 2004 – Passed
Oath Ceremony: June 11, 2004 – and the journey is over!

Rete

Correction: It is 5:1 ... if you are missing $5,000 in income then you need $25,000 in assets.

Rete

LucyMO

Don't you have ANY income???? Aren't you working? Your income will count towards income eligibility as well.

jsgill1

I currently work in the UK with my fiance who is studying, once we marry in July she will return to the US and get a job, and study at the same time.

I will continue to work until the process has been completed (if sucesseful).

I have about $40k in savings at the current exchange rate who that be any good?

that does not include assest such as my car

ian-mstm

Ah! I stand... er, sit, corrected!

Ian

Rete

How do you figure a foreigner's foreign earned income can be counted towards financial sponsorship on the I-134 for the fiancee visa?

Rete

Rete

BTW the I-864 will be used for the I-485 adjustment of status after your marriage.

For the K-1 portion of the Fiancee Visa your USC fiancee needs to complete affidavit of support I-134. Same premise as the I-864 but not legally binding.

Rete

Jadm

jsgill1 <member24829@british_expats.com> wrote in message news:<[email protected]>...
    > I am planning to marry my finace in July, it was decided that her mother
    > would be the joint-sponser, she has since changed her mind.
    >
    > I have been
    > studying the I864 form since, there is section within the form that
    > states that if you the sponser or joint-sponser is unable to meet the
    > guidelines, the following can apply:
    >
    > If your total household:
    > income
    > does not meet the minimum income requirement, the
    > intending immigrant
    > will be ineligible for an immigrant visa or
    > adjustment of status,
    > unless:
    >
    > The immigrant you are sponsoring provides evidence
    > of assets
    > that meet the requirements under ?Evidence
    > of Assets? below;
    >
    > I have
    > savings and cars that can be used to show I would not require federal
    > grants\benefits etc.
    >
    > I am reading the above correctly?
    >
    > If this in not
    > correct what other options are we left with?
    >
    > thanks in advance


It depend on the interviewing officer - my NOW UK hub was denied being
able to use his assets for AOS, he was working and earning excellent
income prior to our interview. This was up in Portland, Maine
Immigration office. We were given 90 days to sort out a joint (co)
sponsor. What the officer did was wrong yes but it CAN happen.*