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Affidavit of Support

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Hi. I have been surfing the forums for a few days now, but I have only seen a few topics that somewhat pertain to my question, and no mention of it on guides.

I have recently proposed to my fiancee who is a citizen of the United Kingdom. The thing is, however, I am currently a student (in his last year) whose source of income is primarily student loans and part time jobs. All together, combining all of the grants, stipends, and loans I have received I have brought in around 24,000 dollars. Has anyone heard of any success in claiming student aid, such as federal and state grants and loans as income?

After I graduate this it should be easy to get a job paying at least $45-50,000. If it is not possible, do you think they will have mercy on me as I am close (essentially by the time everything gets processed) to being able to support without student aid? I have heard of this, but only in the cases of soon-to-be doctors and engineers. Has anyone had a similar experience?

Finding a co-sponsor may not be a viable option for me. :(

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When do you graduate?

I would tend to think that these people don't make exceptions to the rule...my family has gone thru naturalized citizenship and believe me, there has been no mercy when it came to submitting the required paperwork, so I don't see how this k1 process would be any different. After all, your case is just another number in the scheme of all things.


AOS

2009-01-12===> Sent AOS packet via UPS
2009-01-13===> AOS packet received
2009-01-28===> NOA's received in the mail
2009-02-01===> Biometric appt received in the mail
2009-02-06===> Completed biometric appt thru walk-in
2009-02-06===> Applied for expedited AP thru the phone
2009-02-14===> Received AP in the mail
2009-02-11===> Case transferred to CSC
2009-02-23===> EAD received
2009-05-02===> Green card received in the mail, no interview done.

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Why is a co-sponsor not workable? I think you will need to demonstrate your ability to support your fiance' regardless of the school situation. That is exactly what the affadavit is supposed to bring to light.


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Why is a co-sponsor not workable? I think you will need to demonstrate your ability to support your fiance' regardless of the school situation. That is exactly what the affadavit is supposed to bring to light.

Well, I am able to support her with what I make. $24,000 is above the poverty line, if I am not mistaken. Where the money comes from is the issue. My only surviving family member makes less than the poverty line, though.

The reason I post, is to find if anyone has any experience in claiming student aid as income on the affidavit, and whether or not those attempts were successful. Furthermore, whether or not anyone has any experiences in being below the poverty line while in school, but being near graduation and whether or not in those cases the affidavit was accepted. As mentioned in the previous post, I have heard some stories about Doctors or Engineering students, being close to graduation, having their below-poverty earnings being looked over because they "had a bright future." Mine may not be blindingly bright, it should be more than enough to support myself and my future wife.

Any experiences, or anything anyone has heard in regard to this would be much appreciated!

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I saw where a beneficiary that was a nurse was approved when the petitioner was a disabled vet and was a bit below the minimum poverty guidelines as she had earning power.

RARE thing tho.

I go with what Ikarus posted.

Normally USCIS "don't give slack".


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Well considering you will send your petition to the California Service Center, you will have a longer wait than Vermont. It could easily be January before you got approved by the USCIS if you mailed it today. Then there's a couple of months to transit to London and the interview stage. You could be ready to graduate and have a job offer letter to show by then. You don't need to have the Affidavit of Support until she goes to her interview in London. She hands it in at the interview.

I don't really know the answer to the grants, loans, stipends question. Is the grant and stipend just like cash money they give you that doesn't have to be repaid? That sounds like income to me. A loan doesn't. You can claim money from the government as income---like social security payments or disability payments. You can't claim welfare payments or income you get because you're poor like food stamps. There's a difference. I've read about this somewhere, but can't remember and can't search now. It was on a government website so research there. Like Health and Human Services or a government website where they are talking about 2008 poverty level.

A member called Thai Family has had some good posts about her son being a student and not having much income or a tax return. He wrote a notarized explanation of his lack of a tax return. Up at the top there's a link on the right called forum search. If you do an advanced search you can seach for a specific members posts. I believe her daughter in law's interview was today in Thailand and she might have an update of how it went by now.

And you have many months from now to line up a co-sponsor. Any friends who could? The poster called Thai Family---her husband didn't want to be a co-sponsor for their son. I told her that they could send their info to the Embassy directly if they didn't feel comfortable giving their personal financial records to a foreigner. So the dad did a co-sponsorship and put it in a sealed envelope marked "to be opened by consular officer only." He gave that to the girl for her interview rather than mailing it to the Embassy. If the son's Affidavit wasn't good enough, she was going to pull out the envelope from dad and present it. So we can see how it went because that happened today.

And one last thing...I have a copy of the page London mails out talking about the support thing. If you will look at the last part, it tells about having a job offer (the foreigner) and how to show that. I would think you could modify those guidelines of what they want to show your job offer. SO get those on-campus recruiting things going so you'll have an offer before graduation. Motivation to get crackin'.

I think the London Embassy website gives the same info here http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Me again. I found some of the Thai Mom's posts about her son the student. Some good ideas in there.

When I called the visa information line (not the same as the NVC) regarding an I-134 question, they told me to have my son write a letter explaining his situation and have it notarized. He is a new college graduate who did not file taxes in 2007. So a notarized letter briefly detailing your circumstances might give the CO a clearer picture. We will know more after the interview Thursday. There's a sealed letter (I-134) from Dad in the bottom of the file if it is needed. If I were a CO I think it would be helpful to see a concise explanation of the situation with any documentation, so I could make a more informed decision. We included his college transcripts and diploma, proof of his VA education benefits (which were the source of his income) and even his cumulative SS earnings statement.

My son was in a similar situation. He did not file taxes in 2007, as he had no taxable income, but has good income this year. I ended up calling the DOS visa information line here in the states (not the NVC) only after the embassy did not respond to emails. They told me to have him to write a letter and have it notarized explaining his situation. He included everything imaginable to try and show that his wife wouldn't become a public charge, including his cumulative SS earnings statement, proof of his GI bill income, two letters from his employers, a copy of his college diploma and transcripts, pay stubs from this year and a copy of his last tax return, which was from 2005, as he was a full time student. He also had letters from his banks and statements. My husband also filled out an I-134 and sealed it in an envelope with the supporting documents. We wrote on it "To be opened by consular officer only if additional sponsorship is needed". Another VJer suggested the latter, which advice was very much appreciated. My DIL will give it to them if my son's info. isn't enough. On the 24th we will know the end of the story.

Getting a co-sponsor is the safe way to go; however, you may be able to go it alone. The GI bill counts as hard earned income, but since it is not taxable you have to prove receipt of it (letters from the VA, deposits to bank accounts). It also helps if you can show how many more months of it you have coming. The visa information center (not the same as the NVC) told my son to write a notarized letter explaining his situation and to include supporting documentation. In the bottom of the file is a sealed envelope from Dad to pull out if additional proof of financial support is requested at the interview.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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We were in a similar circumstance when I was in college. I'm almost postive that student loans are not considered as income. They are only loans not earned income. While you may have earning potential in the future, the biggest emphasis is on current income. Check also with your embassy to see what they require as evidence that your fiance will not become a public charge. The best advice I can give is either find a qualified cosponsor or wait until you graduate and have a full time time job. We had to wait a year because of this very reason (I was graduating from nursing school). I had just started my job when Vipul had his interview, and we didn't have a problem. Good luck.

-Jamie

Just to add: For Vipul's interview, we included everything possible that we could to show what my situation had been in the past with me as a student. I included college transcipts, past job information, contract and sign-on bonus information on my current job, tax returns from the past 3 years (even though they weren't much), my license as a nurse, previous job perfomance evaluations, and ect. Not saying you need all of that, and we probably went overboard but just some ideas.

Edited by VipulandJamie

November 18, 2005 - Visa in hand! (Day 184)

December 19th - Vipul arrives in US

March 22, 2006 - Applied for AOS, EAD, and AP

June 6, 2006 - AP approved

June 9, 2006 - EAD approved

Feb. 5, 2007 - Becomes permanent resident

Dec. 9, 2008 - Filed I-751 to remove conditions

February 2009 - Conditions Removed - Next step Naturalization

November 19, 2009 - Filed for Naturalization!

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