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Originally posted by samuelburns:
Folks, this is my first posting, but I've been reading a lot about immigration from UK to US without quite getting the info I need, so be gentle :)

My wife (US citizen) and I both live and work in UK, married > 3 years. We are going to use her mom as a co-sponsor. We are just 2 in the UK, and her mom has 3 people in her household in the US. We're planning on staying with her mom until we find a place. We have assets of $60k. I should have a US job offer shortly also.

From what I have read (and from London consulate), wife needs to fill in an I-864 and her mom needs to fill in an I-864A.

From looking at current poverty levels, we have this calculation:

$26,475 125 percent of poverty guideline
$23,000 joint sponsor's income
-------
$ 3,475 Difference
x5 Multiply by 5
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$17,375 Minimum required cash value of assets (since we have assets of $60,000, we should be fine here)

The reason why it's $26k is because we are told the household size is 5 (even though we're filing from the UK where there is just 2 of us).

My question then is, how do we spread this calculation over the I-864 and I-864A forms?

I'm thinking we will fill out the I-864 for household of 2, with just our assets (even though they won't be enough), then the I-864A with household of 5, which will include our assets, and mom-in-law's salary, which will help us meet the limits.

Has anyone experience of this actual situation? You can follow our progress on http://ukemigrant.blogspot.com

Thanks in advance, Sam.

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Originally posted by rogerpenycate:
Hi Sam,
Just a quick response as I'm off out.
I've just been through an almost identical process in London.
Looking at your figures you should sail through.
A few points

1/. Your mother-in-law also files an I-864 not an I-864A
(she would only do that if her husband was a joint co-sponsor.
2/. On your form just the 2 of you, on your mother-in-laws,
your correct (2 + 3) The figures you have quoted are "spot on"
3/. Your m-i-l doesn't put your assets on her form.
4/. You mentioned your wife has been in the UK for 3 years,
has she filed tax returns for that period in the US, if not she must (it's the law) you will need her last 3 years returns for the interview.
Your m-i-l also needs to include her last 3 years with the Affadavit.
5/. Where you have put $23,000 joint sponsors income do you mean co-sponsors income, becasue the INS are not the slightest bit interested in your UK earnings.

Good luck
Roger

PS I'm off the US on Thursday to be with my wife who went back earlier.

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Originally posted by samuelburns:


Hi Roger - thanks for the response - it's good to see that someone has been in the same situation.

Of course your answers have generate more questions - I'll respond to your answers here in number order:

1. Didn't know that - must reread the instructions. The guy at the consulate definitely said I-864A for her - I'll verify this again, unless you are telling me this is what you did?

2. The thing about this is: on our form for two people, with no US income, this gives a shortfall of $15k, as we're just using assets in our I-864. On in-law's I-864 (or A), we'd be listing her salary (the $23k - which answers 5). But that means it appears as if there is a shortfall there too, unless we were able to list our assets on her form...

3. See end of 2, and we'll be sure to get all relevant supporting docs from the US.

4. We've filed ok for last three years, even though for 1999, we were below the $2900 requirement to file limit.

Ideally we'd love to see some filled-out forms for basic scenarios like this.

Cheers, Sam.

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Originally posted by rogerpenycate:
Sam,
1/. It is definately an I-864 for your m-i-l.
The only reason she would need an I-864A is if your f-i-l was
acting as a joint co-sponsor (it acts as a contract between the two of them, agreeing to jointly sponsor you both)
I used an I-864A in my wife an my filing because my daughter is coming as well.

2/. That won't matter as they will look at the two I-864's and combine the earnings/assets into "one package" which effectively gives you a total of $83,000

3/. I seem to remember my i-laws having to provide their
birth certicates and letters of employment, you'd best check into that in more detail.

4/. I'm not 100% certain about your 1999 "shortfall" but I don't think it will be a problem, however as I've said I'm not sure.
The tax returns the INS want are the 1040's (I also took my wifes W2's and Maryland State tax returns) but they weren't interested, they only wanted the 1040's.

AS you may be finding out, this can be a very stressful and sometimes confusing process, and to my mind the Affadavit
of Support is the most confusing, becasue of the way it is worded.
My suggestion would be to contact the Embassy by email or fax. Or their helpline, at least that will put your mind at ease.
Hopefully, having explained my experience at least you know what to specifically ask them, and then you can concentrate on the rest of the filing, police report..etc...etc.

My very best wishes to you both

Roger

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Originally posted by samuelburns:


Thanks for your response again Roger. We've been reading over all the forms again and we're in a better position now.

We'll be filling one I-864 for my wife listing our assets only, since we effectively have no US income.

M-i-l will fill out an I-864 using her wages (correct about the I-864A, it's for household contributors only).

Together they should be sufficient, plus I'll have a letter of job offer for good measure.

You're right about the confusion caused by this form. I'm not stupid, but the wording is so odd and vague, it's not a bit of wonder people get desperate and think they need an attorney!

Thanks for the best wishes - Sam.

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Originally posted by rogerpenycate:
Sam,
I agree, I'm not stupid either (although others may disagree)
Some of the wording on the I-864 is difficult to understand,
Initially I was really confused by the Household members spouse, which I felt meant that I could include my UK earnings.

I hope I've been of help, anyway I'm off now to my leaving
party, so a sore head tomorrow.
I'm flying to Washington on Thursday.

Again, best wishes to you both, by the way, where are you going to in the US ?

Roger

PS: the best advice I can offer you is to take an umbrella to the Embassy for your interview, you have to queue outside,
and it's open to the elements, the last thing you need is going into the interview like a drowned gerbil.

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