Hi folks,

New here and was wondering if you can assist.
I have muddled my way through to this point now LOL.

I am getting all docs ready for the final lap and was wondering how to work the poverty income out for my father in laws I-864 form as sponsor. If he has a family of 5 including me (ukc) and wife (usc) does that equate to a total he needs to earn of $24,188 or $24,188 x4 (per person).?

Alternativley, we hav assets here in uk, but also savings. If we put $30,000 in a bank account tomorrow would that be ok and therefore no longer need a joint sponsor?

I have made this clear as mud right? haha but please help if poss!

Look at the poverty line table here: http://www.uscis.gov/graphics/formsfee/for...iles/I-864p.pdf

A family of 5 in the lower 48 needs total income of $29,250 to meet the 125% line, Alaska is $36,562, and Hawaii is $33,637

This is not a per person calculation.

londonguy,

Final lap for what? An immigrant visa? (You mention the I-864 affidavit of support, but you're posting in the K3 non-immigrant forum.)

If you put $30,000 in a bank account tomorrow be prepared to explain where it came from. That's not a move that the average bloke on the street can make.

Yodrak

thanks so much,
as we live in UK and have not worked in USA, do we still need a joint sponsor or can my wife transfer our savings ($30k) to our small account in USA and say that the amount is enough to be an only sponsor?

cheers people

You will need assets (x) 3 to rely on assets alone so I would get a co-sponsor, and can use the assets to make up the difference.

londonguy,

People have gotten their K visas from the consulate in the UK with less money than that, so it's possible. But also, it's not the only consideration.

What is your wife doing now to obtain employment or other source of income in the USA? If she's doing nothing the $30,000 doesn't look anywhere near so good as if she'd already got a job offer.

Yodrak





YuAndDan,

Do not confuse I-864 immigrant requirements with non-immigrant K-visa requirements.

Yodrak

Thanks guys,

My wife and i are both currently looking for jobs in the US and even though we are not there, have had a few offers but nothing is written in stone!

We have those savings and also over £75k in equity here.

My only issue is we are practically there with all forms etc, but we would then have to wait for her dad, the co sponsor to fill in his forms and send them back having had them notorised.


My beef is with the fact i have 2 friends doing exactly the same thing as me but have not done anything here, they have just gone ahead and done it over there by just walking into a visa place with all their pre prepared docs. It has taken them 3 weeks in total and they are living and working there now!

still all that is good comes to tose who wait.....:-)

HI Yodrak,

thanks for your comments,

I am a UKC married to a USC and have lived here in London for 6 years. Wife is homesick and wants to return home. All we want is to be able to live and work there legally and we were told to file for the K3 and fill out a I 864 form so thats we have been doing...

have we had duff info

londonguy,

If you are applying for a K3 visa you want the I-134 affidavit of support, not I-864. If you will need an affidavit - you seem to have enough assets to live off of for a fair amount of time, particularly if you live with your wife's parents until you get settled.

The consulate in the UK has shown itself to be accomodating of K-visa applicants who have resources of their own, not requiring a sponsor for them. Doesn't mean you'll get the same treatment - don't know the your details or how you will present those details - but from what you have said you have a lot more cash on hand than other folks who have not been required to have a sponsor.

Perhaps if your wife were to return to the USA ahead of you and get herself working your case would be even stronger than it already seems to be.

Yodrak

maybe i am going for the wrong visa then?

londonguy,

I would maybe phrase it 'maybe I don't know which visa I'm applying for?'

Which petition has been approved? What is the nature of any mailings received from the NVC? (I'm not in the 'post your timeline or else' camp, but sometimes it can be handy information to know)

Yodrak

looking through my docs and some letters i have had back, i.e package 3, it states that i am applying for the CR1 visa.

I have all my docs now bar the joint sponsor form from her father in law. I will get this just incase our assets do not amount to emough or something. Just a saftey precaution.

Once that is done i will send in my check list and my applicants statement along with the DS2001 form all signed and then wait i hope for an interview.

londonguy,

OK - get the I-864 and supporting documentation from your father-in-law ASAP.

Yodrak

Thanks Yodrak for all your help and patience.

I told father in law last night to do his form and send me it from USA once notorised. He was great about it and was going to do today.

Once he has sent it i will send the checkbox form, and the 2 applicant forms in signed and request my interview.

cheers

Are you sure it is for the CR-1 as what you seem to be describing above and in earlier post is the packet that you receive for the K-3 visa as the I-864 and DS-230 part I are submitted to NVC for the CR-1. Either that, or did you file the I-130 directly with the consolute there in London?

For a K1, yes. Not that I am aware for any other.

They should be filing for IR1 at the London Consulate.

Ok now im confused LOL

As you can see my wife is now confused...I am now taking over as she has brain Fry

Last year my wife applied for me to obtain a visa that would allow me to live and work in USA. We have been married nearly 3 years and have lived together in UK for 6yrs. She sent off forms and applied with I-130. That was accepted and we got going.

We are doing it all through the US Embassy in London.

Looking at packet "3" that we received way back in the year, I was asked to send a form back immediatley, which i did, and then collect all the checkpoint list documents, all done apart from joint support I-864 form. I need this as we have no money or assets in the states, its all here as my wife has never worked in the USA. She graduated from Uni here in London.

When i looked at the bottom of the letter with my details and application number, it stated there, that I was applying for a CR1 visa!

Boiler,

Yes. I should have kept my fingers off the keyboard until londonguy had definitively answered the very first question I asked him. Instead of nailing that down first I allowed myself to get off track onto the K visa situation because I got the mistaken impression along the way that he was applying for a K3. Bad dog.

And now it appears that texaninUK probably submited her I-130 to the USCIS London office (DCF), not to a USCIS Service Center?

Yodrak

K3 would be the same, I believe, only K1 has an advantage in that they can self sponsor.

she did indeed submit it here to the US embassy in London!

thanks for your assistance guys i do appreciate it. As i said, wife now has brain fry so i am picking up where she collapsed lol and am trying to piece it all together. I have faith but also know that she is off to the states next week for a few months.

Without telling her lol i may just go get a lawyer to do this last part for me even though she will kill me.
I dont really wanna mess up having had medicals and filled other docs in etc.

As far as i can see, and i know you will correct me.. i have to find a sponsor (wife) and a joint sponsor (her dad). that way i can prove support of income if need be!
I also need to send the other form in, the DS-2001 requesting an interview with my completed checklist.

Boiler,

A K3 visa is a non-immigrant visa, same as a K1. I-864 sponsor requirements do not apply, non-immigrant financial requirements apply.

Yodrak





londonguy,

Yes.

Yodrak

Right then, once again this forum has been a pleasure and well woth it!

Thanks to all......I may pop back lol but at the moment i am off to fill in some forms and send them off, ring the states to get father inlaw to fill out his 2 forms (I-864 and the other one (I-864a) for household members) and then .........WAIT !!!!

cheers Yodrak, if all goes well i will buy you a drink someday lol and anyone else who helped

londonguy

In case you don't realise, the I-864A is only completed when one is using a household members income on the sponsors I-864, not as a stand alone document.

An I-864A is a contract between the sponsor and the household member which is submitted as an attachment to the sponsors I-864. It is completed and signed by the sponsor and the household member.


Have a read of the New Rule for Affidavit of Support - I-864

Hi there AussieWench,

Thanks for info.

My father in law has joint assets and joint tax docs or something that shows his wife (household memnber) on them, so when submitting them as his proof of earnings etc, she is on there too.

I will have a read of your link.
thanks again

Has your wife been working over in the UK then for the past 6 years? If she has been in the UK for 2 years or more, you can file for DCF and I believe you can use her income that she is earning here. I am sure someone will come along and correct me if I am wrong. But doing DCF will be much quicker. I believe you can get it done in about a month's time perhaps a bit longer but I wouldn't say too much longer. Goodluck with your journey.

LJ

Sorry, didn't realise that I was under the DCF topic...lol. But still, if your wife has been living in the UK for the past 6 years, she should be able to use her income from over here in the UK, she just has to prove that she can convert it easily into American funds. That is stated in the affadavit of support instructions.

LJ,

From what's been posted it seems that texasinUK's job in the UK will end when they leave the UK for the USA, and both she and londonguy will have to find new employment in the USA. Neither his nor her income from the past 6 years is not going to put food on the table tomorrow, except for that portion of it that has been saved and is now an asset.

Yodrak

Hey londonguy, looks like one has to be careful about which question one asks!

First off, I recommend that your ead this document: http://www.visajourney.com/forums/index.ph...om&page=dcf
It's written to explain in simple language what it is that you are doing, which is apply for an Immigrant Visa (not a K-3) via Direct Consular Filing.

Based on what you have written, I'm willing to say that your I-864 is fine on its own. If you want to have Dad's affidavit as a back up, it will not hurt--give it over if asked. Dad's document does NOT need to be notarized.

I don't know what it is your friends are doing.. do you? Are you sure it is the same thing? Care to clarify, for your own peace of mind?

Go have a read of the Guide; I hope it will help.

Hi there again...... yes its me to bore you....

erm answer to the last question, 2 seperate friends of mine married USC in London, then went to live in NY and Nebraska respectivly. They both went into the offices in the 2 different areas and were issued visas in less than a month. Nebraska one def is able to live and work and NY one not sure as she does not need to work, just reside.

I kinda had a brain wave on all this looking at the I-864 form. Since we started applying for our CR1 visa in London, times have moved on and now the forms have changed in their appearance. I am filling the new one (to me) in now!

a)Can i fill in that my wifes address is her parents home in Texas, where we intend to stay not our home here (PART 4 on form) ,that including me and parents she has 4 in the household.(PART 5) She has no income or employment at all cos we have lived her for so long (PART 6) ..... and here it is:

Then get father in law as joint sponsor to fill in I-864a form and have him state that he is a household member and willing to sponsor us on his income of $75k per year. that is above the poverty line too me thinks.

londonguy,

Don't know for sure what those 2 friends got in less than a month from the unspecified offices in New York and Nebraska, but it wasn't visas.

You have the right idea about the affidavit of support, except that in the situation you describe Dad will be a Household Member, not Joint Sponsor. Don't mix the terms as though they are the same thing.

Yodrak

Ah yes, we've always got a friend who did it that way and thinks you're a chump.
Assuming they did not apply for any visa ahead of time, what they did is not strictly legal; they entered the US on a non-immigrant option (probably visa-free per the VWP) when they had the intent to immigrate. <shrug> They will have to live with themselves; I predict easy sleep for you.

You're also three steps ahead of them. When you land in the US, you will become a Permanent Resident immediately. They have applied for that from inside the US (they did not apply for or recieve 'visas' here in the US) and that process can take up to three years to complete, during which time they are in legal limbo.


Hopefully the new form is easier to understand, and more practical to fill in. It looks like you've got the right understanding of how to complete it!
There are several helpful links in the Guide that will make completing the i-864 much easier, and the info on the London Consular site is quite good. Remember that youa re applying for an Immigrant Visa, and follow all the links they've got there--will tell you everything you'll need for your interview.

thanks again for your words of encouragement and facts that you talk of.
At the end of the day I want the easiest way possible and the one that is not going to catch up with me in a number of years time.

I shall have a little look at the links and having read the london US embassy site over and over, im a little clearer.
I think it is nerves that are confusing me and making it harded than it actually is.

I think that i will get my wife to be a sponsor and have her family home the address for all. Employment and money is an issue with us there so i will have to fill in all as $0. I dont wanna put our savings and house here up for asset as it will be hard to do and proove.

Her father can then be a household member on her sponsorship and he can be the one with the money and assets we need. I see that a household of 5 on poverty line graph is well below his $75k a year wage so that should be enough for us to apply

hey london, that's what we're here for---sometimes we all need a little encouragement. I can see you're having brain freeze at the mo, please read the Guide. I know I wrote it and all, but I did so so that all this would be easier to understand when you get to the gov't sites.

Now, remember: wifey will *always* be Sponsor #1. London has specific info on the site for people in your situation and how to complete the I-864 with regard to income.

Assets may not be as difficult to deal with as you think.
Real estate: your house is worth X. You owe Y. X-Y=equity=Asset. You need a statement from the mortgage and a valuation from an agent. These are free. I completed my I-864 on virtually all assets.

And then there's Dad, bless his heart.

thanks again, i am off to bed to release my brain for a while LOL

With the assets lets say, we have £100k equity which equates to more than necessary, but i have to realise it within a year of a visa being granted. That is why i am opting for a skint (broke lol) wife as the sposor and her father as the money side of things............

,,,,,,,still by tomorrow i may have a new idea ....... NOOO i hear you all say!

nite nite

The asset does NOT have to be realized in one year, it must be capable of being liquid within 12 months. You do NOT have to have cash, just the ability to have cash.
Many, many, many London DCFers use their home equity as their asset for the I-864.

Thanks for your patience.

Cool, but if we use our assets on her I-864 form, do we value in $ or in £. The form obviously states $.
Our assets i think will cover the poverty line difference easily as house alone is $180,000 equity (already valued this week by estate agent)

Then we still need her father to step up to the plate and sign the I-864a form as we have no residence in the USA and will have to live with her parents at first! He can sign as the "housemember"

Glad it is Friday as i am going off to the pub lol to think long and hard about this visa stuff!
Drink anyone?

You value your assets in US$$. I used xe.com and ran the valuation, printed it out and included it with my affidavit. Others have reproted doing the same.

You can then present your own I-864 'as is' and if, during the interview, the CO makes "I don't think so" noises, you can present the -A to include.

Still Friday morning here, but a night at the pub sounds lovely--enjoy!