Concurrent filing of I-130, I-485, I-131, I-765

[PetrUA 0]

Thanks to everyone who made any comments in this topic!

We decided to show my bank savings account as assets for I-864 form. In order to make sure we do everything correctly we tried to call the number shown on the Request for Evidence letter that we have received earlier, both ladies we spoke with were nice, but not too helpful, as they were unable to say what kind of documents do we need to provide as a proof of having the needed assets.

So the situation is:

• Need to fill out I-864 Affidavit of Support form
  
• My wife (the petitioner) will not be able to meet 125% of poverty guideline
  
• I am going to use my savings account in the Ukrainian bank as assets to cover the missing amount
  

And the question is

What are the documents that I would need to send to USCIS as a proof that I do have this account with sufficient amount of money on it?

Would really appreciate your thoughts and comments here!

[ceadsearc 515]

I don't know what you'd need, but did you speak to an IO when you called? When you call USCIS you first speak to a customer service rep who is not an immigration officer and so how much they can assist you is limited. You can call back and ask to speak with a tier 2 person/supervisor who will be an IO, if you haven't already. They can probably assist you more.

[PetrUA 0]

Hi ceadsearc,

I should admit that I'm not sure who was the second person talking to us, so I guess we'll just call them back, thanks for the hint!

And another question - I've read on this blessed forum, that if we are using assets to ensure sufficient support for a spouse (me) of US citizen (my wife), then the multiplier is x3, not x5. It makes sense considering that spouse of US citizen is eligible to apply for citizenship after 3 years of marriage.

It would be great to confirm this and get a link to some official source of information about that.

Thanks!

[ceadsearc 515]

It's listed on page 5 of the 864 form. Look under where it says "for government use."

http://www.uscis.gov/files/form/i-864.pdf

[VanessaTony 3,567]

Nancy, thank you for your reply.

On Friday, November 18th, received a letter with a request for i-864 dated November 9th and due in 87 days. It has also said that my I-765 form will be processed within 90 days after providing the missing form.

My wife made her last year tax return statement and it is about $5500, the missing amount is $13,000*5 = $65,000. My parents might be able to help me here and make a bank account in the Ukrainian bank with the needed money.

Will it work as an affidavit of support? What are the details to keep in mind?

The other option with employment - I've read that my income can be considered if I can prove that I'll keep the same source of income after the immigration. My company may be willing to help me out. What kind of proof do they need to provide? Would it be sufficient to provide a letter explaining that I will be employed in the American company right after I receive my work permit and make enough for us both to meet 125% threshold?

Would really appreciate any thought and comments, thanks!

As your wife is, well, your wife the amount is $13,000x3 (not 5) = $39K. Your parents depositing money won't work. They need to see that the money is yours and not just put in account to overcome the poverty requirements.

Your income can't be used either sorry. You will need someone else, a friend or family member to co-sponsor.

[Penguin_ie 5,984]

***** Mod notice: do not hijack this thread with your own questions. If you have a problem/ question about AOS from Student, Work or Tourist visa, please start your own thread! *****

[PetrUA 0]

As your wife is, well, your wife the amount is $13,000x3 (not 5) = $39K. Your parents depositing money won't work. They need to see that the money is yours and not just put in account to overcome the poverty requirements.

Your income can't be used either sorry. You will need someone else, a friend or family member to co-sponsor.

Hi Vanessa&Tony,

Thanks for your reply, it is really valuable.

I had another conversation with USCIS, but they were unable to determine if we are meeting I-864 requirements, the answer was "send us all you've got and hope for the better".

I'd like to explain our action plan in more detail, hope to get any feedback from you.

1. Assets to bridge the gap

My parents and I have joint savings account, my share there is about $10,000, and we have the account history for about 5 years (so it will be clear that this money has not been stolen, loaned etc.). My parents made us a wedding gift, and the total amount on my new savings account will be about $40,000 to bridge the gap. So it will be a new account on my name, and I plan to show the origin of the assets by providing account statements from our mutual savings account.

2. Employment and my income to bridge the gap

My current employer would be able to provide an employment letter stating that I will be employed in US after the immigration, and my income would be sufficient to meet 125% poverty guideline requirement.

I am going to send both evidences - assets + income.

What do you think about that? What is the likelihood of success?

Thanks!

[VanessaTony 3,567]

Hi Vanessa&Tony,

Thanks for your reply, it is really valuable.

I had another conversation with USCIS, but they were unable to determine if we are meeting I-864 requirements, the answer was "send us all you've got and hope for the better".

I'd like to explain our action plan in more detail, hope to get any feedback from you.

1. Assets to bridge the gap

My parents and I have joint savings account, my share there is about $10,000, and we have the account history for about 5 years (so it will be clear that this money has not been stolen, loaned etc.). My parents made us a wedding gift, and the total amount on my new savings account will be about $40,000 to bridge the gap. So it will be a new account on my name, and I plan to show the origin of the assets by providing account statements from our mutual savings account.

2. Employment and my income to bridge the gap

My current employer would be able to provide an employment letter stating that I will be employed in US after the immigration, and my income would be sufficient to meet 125% poverty guideline requirement.

I am going to send both evidences - assets + income.

What do you think about that? What is the likelihood of success?

Thanks!

They'll probably ignore #2 because a job offer isn't income.

#1 I think they're likely to ignore as well. The asset won't have been around long enough (to extra gift of $30K) to count. Again it just looks like you were given the amount to surpass the requirements and that they'll take back the "extra" they gave you once you have a greencard. If using income that large normally they'd need to see that it's been around for a while. Building over time etc and therefore likely to stay there.

Honestly I don't think you'll succeed without a joint sponsor. I'm sorry.

Edited December 10, 2011 by Vanessa&Tony

[desmond&molly 5]

I agree with vanessa&tony I think you still need a co-sponsor. But I'm not an IO what you could do is stick to your plan, send the evidence you have but start looking for a co-sponsor. So you don't waste even more time. Good luck! And please post your results as I'm sure others may be in a similar situation.

[ceadsearc 515]

I agree with vanessa&tony I think you still need a co-sponsor. But I'm not an IO what you could do is stick to your plan, send the evidence you have but start looking for a co-sponsor. So you don't waste even more time. Good luck! And please post your results as I'm sure others may be in a similar situation.

Unfortunately, the OP has already received an RFE, which means that if their response is not adequate USCIS will deny their application. Better to use a co-sponsor to be on the safe side, as RFEs don't usually get second chances and refiling or reopening will be both costly and time consuming.

[PetrUA 0]

Unfortunately, the OP has already received an RFE, which means that if their response is not adequate USCIS will deny their application. Better to use a co-sponsor to be on the safe side, as RFEs don't usually get second chances and refiling or reopening will be both costly and time consuming.

Hi ceadsearc,

The request was for I-864 itself, so I hope they will give me some time if they find our income + assets to be insufficient. I will talk to lawyer about my case, we are also looking for a sponsor, but it is not that easy.

[PetrUA 0]

I am using assets on my bank account in US to assist my sponsoring wife in getting over the 125% threshold.

I had a conversation with a lawyer and he told me that it is a must to file I-864a as well as the I-864 filed by my wife-sponsor, as it will be a contract between her - the sponsor and myself - the household member.

But in the form I-864 instructions it is explicitly said:

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

So the question is unclear and what should we do? File only I-864 or file I-864a as well? Can there be a problem if we were to file I-864a and it was not needed?

I feel like filing both just in case, but would really appreciate your opinion on that.

Thank you!

[shxn 2]

Your parents can't file a I-864 for you. the requirements for a sponsor are:

Sponsorship Requirements

A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

(Taken from the USCIS website)

Your company should provide you with a letter of employment that shows their intent to continue employing you, a copy of the social security/taxes they have paid for you for maybe the last two years and copy of your contract with them. (you'll probably need that translated).

This might be a little off topic, but as for the country of domicile...do you put "n/a" or "USA", if my husband is a USC in USA? Also, if my joint sponsor is a LPR in USA and is currently working in the country as well, do I also have to put "USA" or "n/a"? I'm kinda worried now as I had sent the entire package to the chicago lockbox last Wednesday and I just thought of this issue as I was reading through this post.

[Harpa Timsah 13,258]

I am using assets on my bank account in US to assist my sponsoring wife in getting over the 125% threshold.

I had a conversation with a lawyer and he told me that it is a must to file I-864a as well as the I-864 filed by my wife-sponsor, as it will be a contract between her - the sponsor and myself - the household member.

But in the form I-864 instructions it is explicitly said:

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

So the question is unclear and what should we do? File only I-864 or file I-864a as well? Can there be a problem if we were to file I-864a and it was not needed?

I feel like filing both just in case, but would really appreciate your opinion on that.

Thank you!

Lawyer is stupid. You are right. No I-864A needed for you, who is the spouse of the sponsor and the only immigrant. You add your info onto your wife's I-864.

[PetrUA 0]

Lawyer is stupid. You are right. No I-864A needed for you, who is the spouse of the sponsor and the only immigrant. You add your info onto your wife's I-864.

Got it, thank you for the prompt reply!