I-864

Old Aug 7th 2002, 3:31 pm
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Default I-864

I am a UK citizen with a US spouse - we are in the latter stages of obtaining a visa and I have my interview on Sept.4th.
We will be relying on the proceeds of sale from our home in London to cover the income part of the application - these will be in my name.
My wife (who is already in the states) is a student and will have no income. She has completed I-864 and got it notarized but has been told by some INS official in the states that we should not file this but that I should file an I-864A in my own name.
I really don't want to fall at the last hurdle - so if anyone can offer guidance as to what the US Embassy in London will expect I would be grateful. Rob
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Old Aug 7th 2002, 3:37 pm
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Your wife has been given the wrong information. She, as the petitioner, *has* to file an I-864 - there is no way around this, even if she has no income.

Obviously, without any income, her I-864 will not be able to stand alone, and you will need either a co-sponsor (yourself or a US citizen resident in the US) or sufficient assets to make up any shortfall (5x what you would need for income)
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Old Aug 7th 2002, 3:43 pm
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Thank you

My assets will safely exceed the minimum required - do I fill in an I-864A with this information or will bank statements or a letter from my bank suffice?

Rob
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Old Aug 7th 2002, 4:02 pm
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You will need a valuation for your house (if it's not yet sold, obviously) - an estate agent's estimate is fine for this, it doesn't have to be from a surveyor (incredibly!). If your money is in the bank, then bank a bank statement is fine.

If you share the assets with your wife, then she should be able to incorporate it onto her I-864. If the assets are in your name only, then you will need a I-864a.

There's lots of useful explanations in the visa FAQ section of http://www.usembassy.org.uk
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Old Aug 7th 2002, 4:04 pm
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Thank you very much
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Old Aug 7th 2002, 4:20 pm
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I just checked the embassy FAQ's - they say the if you are relying on the immigrant spouses assets and s/he is the only immigrant - an I-864a isnot required!

I guess the best thing is to complete one and take it with me just in case.
Which leads to the next question - will the person conducting the interview notarize it there and then or should I get that done before?

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Old Aug 7th 2002, 4:24 pm
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That's good news then.

If you do decide to take an I-864A, you can have it notarised at the interview. I think they have dropped the charge for this now too.
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Old Aug 7th 2002, 4:24 pm
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Are the assets shared? If so she can just list it. I don't think you can use an
I-864A because you are not living in the same household any longer.

Andy.

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    > Thank you
    > My assets will safely exceed the minimum required - do I fill in an I-864A with
    > this information or will bank statements or a letter from my bank suffice?
    > Rob
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Old Aug 7th 2002, 4:36 pm
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Again, thank you.
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Old Aug 7th 2002, 5:17 pm
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I did the a similar thing recently in London, except my wife has an income but I used the assets in my house (which was in my name only) to "top up her income"
We did need to sign an I-864A which as she wasn't at the interview, she had notarized in the US and sent to me.
Despite what the INS suggest about not selling property etc,
I did put my house on the market 3 weeks before the interview and accepted an offer.(subject to geting my visa)
So I took the estate agents details, my latest building society statement and the offer letter from the buyer.
This easily covered 5 times the shortfall in my wifes earnings.
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Old Aug 8th 2002, 8:06 am
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Thank you Roger, however I'm still confused.
My wife has completed an I-864 in the states and will get this notarized there & then send it to me in London.

Does she also have to complete an I-864A?

I have obtained an I-864A from the INS web-site and it doesn't even have a space for the information requested by the embassy.

The want information to confirm assets of 125% of the poverty level set out in the format of question 4e of the I-864 - which I had prepared on a word-processor and intended to attach to a bank statement (ny house should be sold by the time of the interview).

Also the FAQ on the embassy web-site expressly says that no I-864A is required.

Looking at the I-864A from the iNS web-site, I'm not sure this form is relevant - it appears to be for a third party acting as 'guarantor' to the sponsor.

Could you clarrify what you put on your I-864A
many thanks

Rob
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Old Aug 8th 2002, 8:47 am
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Rob
I've checked through my paperwork.
Paragraph 2 on the I-864A explains it all.
Sorry for the confusion, I had to file one ONLY because my
daughter is coming with me.
"A sponsored Immigrant who qualifies as a household member is only required to complete this form if he or she
has one or more family members immigrating with him/her"

The next paragraph about using assets means that you will
not need to file the I-864A

Sorry for any confusion.

Roger
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Old Aug 8th 2002, 8:53 am
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Rob
One other point (Just for the record)
I had a slight doubt about our I-864, long story and had
co-sponors "in the bottom of my bag" at the interview.

The co-sponsors were my brother and sister-in-law.
They acted as joint co-sponsors and as sush had to sign
the I-864A as a contract between themselves.

Fortunately I didn't need to use their co-sponsorship as my
I-864 was accepted.
But it was a great back up just in case, even though they had to do quite a lot of work.
We are having a ceremonial burning of their Affadavit when
I get to the US !

Roger
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Old Aug 8th 2002, 8:57 am
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Thank you that appears to correspond with the information that I received in Packets 3 & 4.
I guess the moral maybe just to follow what the info from the embassy says;-)

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Old Aug 8th 2002, 11:29 am
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Normally !!!
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