Affidavit of support question. Help!

[hh_mfc 0]

Hello everyone. I have a question about the affidavit of support. I have been told that I do not meet the income requirements to get my fiance and her daughter here from China and there is my self and my daughter age 8 that will be living with me. I have been told that I need to find a co sponsor. Is this true. I am sure it is, but I also need to know if I find a co sponsor, do they combine my income and theirs to make me reach this income level that I need to meet. I had talked to a visa preparation service and was told that they do add the two incomes of mine and his. I thought surely someone here would know the facts on this about China. If anyone has any answers, it would be greatly appreciated. Thanks

[Filipinawife0210 15]

Hello everyone. I have a question about the affidavit of support. I have been told that I do not meet the income requirements to get my fiance and her daughter here from China and there is my self and my daughter age 8 that will be living with me. I have been told that I need to find a co sponsor. Is this true. I am sure it is, but I also need to know if I find a co sponsor, do they combine my income and theirs to make me reach this income level that I need to meet. I had talked to a visa preparation service and was told that they do add the two incomes of mine and his. I thought surely someone here would know the facts on this about China. If anyone has any answers, it would be greatly appreciated. Thanks

Your ?? is not applicable to just China. It applies across the boards. Use the poverty guidelines found here: http://www.uscis.gov/files/form/i-864p.pdf

If you do not meet the 125% poverty level for household size, you must use a co-sponsor. They will combine your income with the co-sponsors, and as long as both incomes combined meet the guidelines, you are gtg. Note that when household size is figured for the co-sponsor, they must meet your household size:4 plus their own. Inclusion of assets is also recommended.

Hope this helps!

Edited May 13, 2010 by Filipinawife0210

[JimVaPhuong 4,863]

Your ?? is not applicable to just China. It applies across the boards. Use the poverty guidelines found here: http://www.uscis.gov/files/form/i-864p.pdf

If you do not meet the 125% poverty level for household size, you must use a co-sponsor. They will combine your income with the co-sponsors, and as long as both incomes combined meet the guidelines, you are gtg. Note that when household size is figured for the co-sponsor, they must meet your household size:4 plus their own. Inclusion of assets is also recommended.

Hope this helps!

This is only partly correct.

The OP is the primary sponsor, and would have a household size of 4. The co-sponsor will have a household that includes themselves, their dependents, plus the beneficiary(s). It does NOT include the primary sponsor or the dependents of the primary sponsor. Unless the primary sponsor is already a dependent of the co-sponsor, they are not included in the co-sponsor's household size. The affidavit of support does not obligate the co-sponsor to support the primary sponsor or the primary sponsor's dependents. It obligates them to support only the beneficiary(s), and only if the primary sponsor fails to support them.

hh_mfc: You will need to show an annual income of at least $27,562. You can usually use assets to offset a shortfall in income. The total value of the assets must be 3X the amount of the shortfall, and must be assets you can convert to cash within 12 months without undue hardship or financial loss. If you can't meet the minimum requirements, then you'll need a co-sponsor.

The minimum income requirements for the co-sponsor will depend on their household size, including your fiancee and her daughter. Primary and co-sponsor may NOT combine their income. If a co-sponsor uses assets to qualify then those assets must be 5X the shortfall, and meet the other requirements outlined above.

Consulates have wide discretion in making the "public charge" determination with the I-134. They may consider virtually anything they choose to consider, but most consulates seem to use the I-864 income/asset requirements as a basis, so the advice above is based on this assumption.

The document prep service you spoke with is wrong. There is no provision in the I-134 for sponsors to combine income, and I have never known a consulate to allow it. There are provisions in the I-864 for sponsors to combine income, but only if the co-sponsor is a relative living in the same household as the primary sponsor, or if the co-sponsor is a dependent of the primary sponsor.