I-864 BasicsThe I-864 Affidavit of Support is a contract between a sponsor and the applicant that is required for some immigrant visas. In this contract the sponsor agrees to provide financial support for the applicant until he/she becomes an American citizen or can be credited with 40 quarters of work (usually ten years).
The sponsor must show that he/she has income equal to or greater than 125 percent of the federal poverty guidelines for his/her household size.See Form I-864P for current Poverty Guidelines:
http://www.uscis.gov/graphics/formsfee/for...iles/I-864p.pdfThere are two ways the US Citizen spouse can show that his/her intending immigrant (you) will not become a public charge:
-Sufficient annual income in the US
-Sufficient assets that can be converted to cash with 12 monthshttp://travel.state.gov/visa/immigrants/info/info_1328.htmlMay the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?Yes. The sponsor counts his/her income first. Next he/she counts the personal assets and/or the income and assets of household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met, the affidavit would be "sufficient."
To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size. For example, a petitioner/sponsor with a household size of four and an income of $18,000 would need assets equal to five times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level. He/she would also need to show evidence of mortgages, liens, and liabilities against the assets.
Note from me:This guideline was reduced further in July06.
The cash value of assets must now only equal three times the difference between the sponsor's income and 125 percent of the poverty line.
Final Rule highlights:
http://www.visajourney.com/forums/index.php?showtopic=4054If you have zero income, the "difference" to make up is all of it; you must have assets that are 3X the poverty guideline INCOME amount.
Emerald, this is the difference between the $30k you think and the $90K I think.
Regarding your husband's employment letter:Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.
A job offer can be taken into consideration in determining the ability of the applicant to overcome an ineligibility on public charge grounds, but it does not meet any requirement for presenting an I-864
me: So, the letter will be useful to show you won't be bums, but can not be entered as income (unless of course he does already work there.....) on the I-864.
Is a "sufficient" I-864 the only consideration for meeting any public charge issues at the time of the visa interview?No. Even though the I-864 is a contract and the U.S. government prohibits giving immigrants most federal means-tested public benefits for at least the first five years after their arrival in the U.S., consular officers look at other public charge issues. They will look at the complete financial situation of the sponsor and the applicant. This means looking at the age, health, education, skills, financial resources and family status of the applicant and the sponsor. They will confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.
http://www.uscis.gov/graphics/publicaffair...eets/affaqa.htm What is a joint sponsor?A joint sponsor is a person who is not the petitioner for the sponsored immigrant but who
meets the citizenship, residence, and age requirements and who meets the 125 percent minimum income requirement for his or her household size. Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated. Joint sponsors must accept joint legal responsibility for supporting sponsored immigrant(s) and reimbursing the cost of any means-tested public benefit used until the sponsored immigrants naturalize, can be credited with 40 qualifying quarters of work, depart the United States permanently, or die.
INCOME REQUIREMENTS1. What does the requirement that the sponsor demonstrate the ability to maintain an income at 125 percent of the poverty level mean?Sponsors will be judged on their ability to support the immigrants they are sponsoring at 125 percent of the poverty level for their household size based on the information they provide in the affidavit of support and accompanying documentation. This information must demonstrate that the sponsor and his or her household can reasonably be expected to maintain an income at or above the level required to provide for themselves and all immigrants they have sponsored or are sponsoring.
me: this means income, commonly known as 'a job'. Income and assets are different things.
7. Does a sponsor need to show proof of current employment?A sponsor is not required to be employed, so long as the sponsor's income from sources other than employment, or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size. However, it is anticipated that in most cases the sponsor will need to be employed and show proof of employment to meet the income requirements.20. How are assets used to demonstrate ability to sponsor an immigrant?If a sponsor does not have sufficient income to meet the income requirement for the number of persons supported, he or she may list assets which are readily convertible to cash within one year for support of the sponsored immigrant(s). To qualify, the net worth of these assets needs to be five times the difference between the sponsor's income and the poverty line for the sponsor's household size.
(
me: note this is now three times, not five times)
21. What assets can be used? Any type of asset can be used if it is readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds, and certificates of deposit will be viewed most favorably because they would be most accessible for the support of sponsored immigrants. Other assets, such as property, may also be acceptable if they can be sold within a year.
22. What evidence of assets is required?Evidence establishing ownership and the value and location of assets is needed. Additionally, information on any liens and liabilities relating to these assets must be provided. For bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the date the account was opened, a history of deposits and withdrawals for the past year, and the current balance are needed.
More about Joint Sponsors:http://www.uscis.gov/graphics/howdoi/affsupp.htmWho can be a joint sponsor, and when is a joint sponsor allowed?
If the visa petitioner's household income is not sufficient to meet the requirements of INA section 213A and 8 C.F.R. § 213a, INA section 213A permits a joint sponsor to sign an affidavit of support, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant.
The joint sponsor (or the joint sponsor and his or her household) must reach the 125 percent income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.And more on assets:If you cannot meet the minimum income requirements using your earned income, you have various options:
You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size).
You must prove the cash value of your assets is worth five times this difference (the amount left over). (me: again, note this is three times now, not five times)
Example for a household size of 4:
125 percent of 2006 poverty guideline: $25,000
sponsor's income: $19,500
Difference: $5,500
Multiply by 5: x 5
Minimum Required Cash Value of Assets: $27,500
me: Again, if you have zero income and want to use assets only, you are taking required
income per year needed for your household ($29250) multiplied by three to come up with
assets required of $29250 X 3 = $87750.
Form I-864 Instructions:http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdfThere are very specific, step by step instructions for completing the form itself.