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Some tips on the affidavit of support
If you need more than one affidavit, fill out the entire form but leave the
signature blank, then sign each copy and
the original. It states in the directions
that you can do this.
Not having adequate income will not usually be a problem if you have a co-sponsor,
according to experiences
posted on the newsgroup, as long as the co-sponsor has adequate income/assets.
Be aware that the co-sponsor must have enough income/assets for both your fiance,
any fiance children that will
be immigrating, and his/her own household. However, that IF the US fiance has
been on welfare or other
government benefits for a lifetime or has no plans to work actively, the consulate
can still deny the visa based on
the likelihood that the foreign fiance will become a public charge. Just having
a co-sponsor may not be sufficient.
An actual case has been documented wherein a fiance visa was denied because
the petitioning fiance was on
government benefits and would not be working, even though the US fiance had
two co-sponsors.
When assets are used, the assets must equal 5 times the difference between the
annual income and the
needed 125% of the poverty level, this is because the affidavit is in effect
for 5 years. For instance, if you
needed $15,500 income and had an annual income of $13,500, you would need an
extra $2,000 of assets for 5
years, or a total of $10,000 in assets in addition to your income. In general,
if you are deficient on yearly income
for sponsorship and your assets are somewhat borderline, do not take chances--have
a co-sponsor. If you do not
have a job or a steady income from other sources (such as retirement income),
you will likely have to get a
co-sponsor for your spouse, even if your assets are adequate. The USCIS looks
VERY CLOSELY at current income
and not just the assets.
While there are no specific income requirements listed in the I-134
form directions, you will be judged by the
same criteria as the I-864
form requirements when they are issueing the visa at the foreign US consulate,
so
provide financial information for the I-134
with those guidelines in mind.
Basically, your employer letter should state "To whom it may concern: (first
name,last name) has been employed
full-time with the XYZ Company since 200_ as a (name of your job), and is an
employee in good standing with an
annual salary of $XXXX. Signed, John Doe, Supervisor (or whatever title)"
The letter should be on company
letterhead.
Some foreign U.S. consulates require a 2nd affidavit of support which is called
"sponsor's financial responsibility
under the social security act." It is a simple form and easily filled out
and signed. The Hong Kong consulate does
require this form, as does the Sydney (Australia) consulate.
The foreign fiance's income can NOT be counted on either affidavit (except when
the foreign fiance has been
living with the fiance, married, and in the US for six months), however the
foreign fiance's assets CAN be used if
they are readily convertible into cash. The USCIS is concerned ONLY about the
US fiance's income/assets. (Note
that in other situations the foreign spouse's income MAY be counted on I-864
affidavit, such as foreigner in U.S.
on work or student visa who marries and then files for adjustment of status.
IF the foreign spouse has LIVED IN
THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income
CAN be counted. There are
NO situations involving fiance visa in which foreign spouse's income can be
counted, as far as I know, when
interviewing for the fiance visa or when filing adjustment of status within
6 months of arrival in the US.)
The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there
is a co-sponsor, both the
US fiance and the co-sponsor will EACH have to fill out the affidavit I-134
or I-864
and EACH will have to provide
supporting documentation.
NOTE: I-864
SPONSOR MOVES: FOR the I-864:
If the sponsor or co-sponsor moves, the USCIS should be
notified within 30 days via an I-865 form.
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