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Affidavit of Support Question: Petitioner Assets VS Intending Immigrant Assets

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Hello to everybody! This forum was very helpful to me in the past. Hopefully it will again this time.

I am married to a US Citizen and we are about to do application for my adjustment of status. We have all the requirements however, my spouse's income for tax year 2014 did not reach the poverty guideline for household of 2. Our first option was to file with joint sponsor but unfortunately, no one in his or mine's family/friends would agree to be a co sponsor.

As I read the I-864 Instructions, I discovered that the Petitioner as well as the Intending Immigrant can also use assets. But I need some clarifications:

1. When calculating, should Petitioner assets be 3 times or 5 times the difference between the poverty guideline minus the actual income?

2. Or should it be 3 X or 5 X of the total value of assets of the Intending Immigrant?

3. Is there any other information I missed regarding using assets in lieu of income requirements?

I did the computation based on 3 X and 5 X and I believe we have money in the bank though I want to make sure which one is correct.

Thank you very much and I will appreciate any response regarding this matter!

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They are calculated at 3 times for a spouse.

You say they did not make enough in the past, last year. What is their current annual income? That is what is most important and what you list on Part 6 #5. Or is the USC self-employed?


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hi there. Thank you very much for your reply.

My spouse income for 2014 is $4,000 less than the poverty guideline for household of 2:

Poverty Guideline is $19,912

2014 Income is $15,912

The difference is $4,000 X 3 = $ 12,000

Is this computation correct? I have a little more than that amount saved in my bank (bank in the US).

My spouse is working part time actually. He is not self employed.

They are calculated at 3 times for a spouse.

You say they did not make enough in the past, last year. What is their current annual income? That is what is most important and what you list on Part 6 #5. Or is the USC self-employed?

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Ok, then what is he currently making? Not what he made in 2014. What he makes now. Take his hourly pay and multiply that by the hours he works per week. Then multiply that number by 52 weeks to get his current annual income. List that on the I-864 and provide letter from employer and/or recent pay stubs to prove the current income amount. If it is still short, then list assets to make up the difference. Provide proof of ownership and value of assets.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hello there. Thanks again. My spouse got the letter from employer with date of hire, position, hourly rate, average hour per week and mentioned that employment will continue. Unfortunately income is still short of $4250.

So the difference of $4250 multiplied by 3 (for spouse petition) is $12,750. If I have $20,000 in the bank, is that sufficient to make up the difference? I have bank statements for last 12 months to prove that. You think we can file Affidavit of Support?

Ok, then what is he currently making? Not what he made in 2014. What he makes now. Take his hourly pay and multiply that by the hours he works per week. Then multiply that number by 52 weeks to get his current annual income. List that on the I-864 and provide letter from employer and/or recent pay stubs to prove the current income amount. If it is still short, then list assets to make up the difference. Provide proof of ownership and value of assets.

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That should be sufficient. All you can do is try. If they accept it, then you are good to go. If they do not, then you would have the chance to send documents from a joint sponsor to help you out.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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