We are collecting all the info required for the interview in London,
but we are a bit concerned about the affidavit or evidence of support!

How important is it as far as the interview goes?

Due to the implications of getting someone from the US to fill out the affidavit, ie they can be sued along with me if anything goes wrong, we decided
not to have anyone fill this out.
My Wife has a job in the US now but it does not on its own cover the 125% req.
We dont have a house or anything to sell in the UK to make up the difference
and dont have much in the way of savings now as my wife was out of work
for some time.

Not sure if it make any difference but we filed the I-130 form for me to
move to the USA.

So where do we stand?
Will they go by the letter of the law so to speak or is there anything we can do to ease the situation?

DK,

Very important. Based on what you wrote in your post you will not be getting a visa.

Time for Plan B - get a joint sponsor.

Regards, JEff

The I-864 Affidavit of Support is crucial. If your wife does not currently earn above the 125% requirement, and you have no assets, you WILL need a joint sponsor.

Rene

If you want to be approved, it's very important. If your wife doesn't meet the 125% requirement with income/assets and you don't have a joint sponsor, then you will not get the visa... it's as simple as that.

If she's close to the 125% mark, a second job would be in order - even just in the short-term to get her over the mark until you get the visa and enter the US.

Ian

You may want to check your assumptions about this; based on what you've written, you may not understand what exactly the obligation of I-864 is.

The I-864 affidavit of support is enforceable by the US Government against the sponsor for reimbursement of any means tested benefits the beneficiary might receive before their entitlement to said benefits, i.e. welfare, medical funds, etc. There is a list of the means tested benefits on the www.uscis.gov website.

Note that your wife, regardless of the sufficiency of her income, must complete an I-864 on your behalf. If she does not have the income and/or assets to qualify alone, she needs to find a co-sponsor who will accept the responsibility.

In the event you are given means tested benefits before your eligibility to receive them, the US government needs to go after your wife first. If your wife cannot reimburse them, then they will continue on to your co-sponsor.

Now that is the basics of the I-864, however, there is more.

How Long Is The I-864 In Effect?

The i-864 is terminated if one of the following conditions occur:

1. The beneficiary has worked the equivalent of ten years / 40 quarters; or

2. The beneficiary becomes a US naturalized citizen; or

3. The beneficiary is deported by the USCIS/ICE and their green card rescinded; or

4. The beneficiary voluntarily leaves the US and surrenders their permanent residency; or

5. The beneficiary dies; or

6. The sponsor dies and the estate is settled.

All of this information is available through a search of BE archives and by searching on the USCIS website.

You might want to give this information to your proposed co-sponsor so they know that their responsibility does have an end to it.

If it helps please read my "nightmare" thread.

These days, you cannot have enough supporting evidence. And be advised a job offer is not sufficient.

Good Luck.