Affidavit of Support

[conny26 0]

I am going to file for the greencard soon. Our concern is that my Husband is a student and his student loan and grant is not enough.

Has someone expirience if they only count the loans that he gets on his bank account or the total what also his Unsiversity gets? I have been here for almost a year with a student visa and we often transfert my money from Germany to his account. Does this count too? Does all income on his bank account counts?

Unfortunatly we does not have any co-support from an american (his father died and the mother is disabled), we only have support from Germany.

Hopefully someone can give us some tips how to proof that we have enough.

Conny

[pushbrk 12,145]

I am going to file for the greencard soon. Our concern is that my Husband is a student and his student loan and grant is not enough.

Has someone expirience if they only count the loans that he gets on his bank account or the total what also his Unsiversity gets? I have been here for almost a year with a student visa and we often transfert my money from Germany to his account. Does this count too? Does all income on his bank account counts?

Unfortunatly we does not have any co-support from an american (his father died and the mother is disabled), we only have support from Germany.

Hopefully someone can give us some tips how to proof that we have enough.

Conny

Grants and loans are not income. Unless you've got at least $60,000 or so in your combined bank accounts, you'll need a qualified joint sponsor.

This is not a K3 visa question. Expect your thread to be moved to the applicable forum for adjusting status from a student visa.

[Darnell 8,478]

ok - so yer in the USA on a student visa, and yer bundling up the I-130/I-485/I-864 set to file for an adjustment of status.

I'm sorry, not much traffic on the K-3 forum about adjusting from a student visa - so I'll move this topic for ya.

*** not a K-3 visa topic, moving to 'AOS/student/tourist/work' forum ***

[mof 15]

I am going to file for the greencard soon. Our concern is that my Husband is a student and his student loan and grant is not enough.

Has someone expirience if they only count the loans that he gets on his bank account or the total what also his Unsiversity gets? I have been here for almost a year with a student visa and we often transfert my money from Germany to his account. Does this count too? Does all income on his bank account counts?

Unfortunatly we does not have any co-support from an american (his father died and the mother is disabled), we only have support from Germany.

Hopefully someone can give us some tips how to proof that we have enough.

Conny

Incidentally, if you or your husband have assets, those assets can be counted to meet the requirement. In other words, if either of you owns a real estate, for example, you can enter the market value (minus mortgages, etc.) into the form. You can also count secondary vehicles (not your primary one, though).

Also, if you have money in Germany, you (as the applicant) are allowed to include it in the tally.

To give you an idea of what I mean: My wife is a USC and I am the person applying for adjustment of status. My wife has neither income nor any assets. I, however, do - and I can use my assets exclusively to meet the requirement without ever having my wife submit any proof of income/assets.

[conny26 0]

I know that was not really the right treat with K3, but the forms are still simular and everything is so confusing. My mother in law does not have enough income but some assets (apartment, car, timeshare) and on Monday we have a free consultation with a immigration lawyer at the university from my husband. So hopefully it works out.

Thank you for your answers

Conny

[pushbrk 12,145]

I know that was not really the right treat with K3, but the forms are still simular and everything is so confusing. My mother in law does not have enough income but some assets (apartment, car, timeshare) and on Monday we have a free consultation with a immigration lawyer at the university from my husband. So hopefully it works out.

Thank you for your answers

Conny

Good luck with that but if she only has one car they won't count it. Also, don't count on them thinking his mother will sell the house she lives in, to support you. I suggest you carefully study the instructions for the I-864 and the form itself. A lot of the requirements including how assets can be used are clearly spelled out there. My assertions are coming directly FROM my knowledge both of those instructions and how the affidavits are evaluated.

[NigeriaorBust 4,087]

If you don't find a co sponsor and don't meet the requirements yourselves your petition will be denied . Hopefully you still have valid status here in the states. If it is denied you will have to wait until you are in a better position to refile.

[conny26 0]

Of course she does not have to sell the house, but when assets will count. A House is an asset, right? Right! And how far I have understood it has to be worth 5 times as this what you need. And its not like we would use her to have a nice life and live from her money. The money is not the problem, the problem is where it comes from. So we will see what the lawyer has to say.

[NigeriaorBust 4,087]

To use a house you have to get it officially appraised and then subtract whatever is owed against it to find the amount of equity

[Jojo92122 1,924]

Of course she does not have to sell the house, but when assets will count. A House is an asset, right? Right! And how far I have understood it has to be worth 5 times as this what you need. And its not like we would use her to have a nice life and live from her money. The money is not the problem, the problem is where it comes from. So we will see what the lawyer has to say.

Of course her house is her asset. However, is it an asset you can include in the I-864? Only assets that can be converted into cash within 1 year and made available to support you WITHOUT UNDUE HARM TO THE SPONSOR counts. Isn't selling her house to support you a harm to her? Yes, so you can't count the house for purposes of the I-864.

Read the instructions for Form I-864.

"Assets may supplement inocme if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unelss you show that you own at least one working automobile that you have not included."

[pushbrk 12,145]

Of course her house is her asset. However, is it an asset you can include in the I-864? Only assets that can be converted into cash within 1 year and made available to support you WITHOUT UNDUE HARM TO THE SPONSOR counts. Isn't selling her house to support you a harm to her? Yes, so you can't count the house for purposes of the I-864.

Read the instructions for Form I-864.

"Assets may supplement inocme if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unelss you show that you own at least one working automobile that you have not included."

Exactly. You don't have to sell the house to show the equity as an asset on a form but for the asset to be of any value repaying the government for means tested benefits, the house must be sold or borrowed against. To do so harms the sponsor. That's why it's unlikely a parent's equity in their home will get any more consideration than will their only automobile.

This is why it's important to carefully study the instructions AND the actual affidavit including the sponsor's contract. The I-864 is not just a statement of income and assets to meet some standard. It's a binding contract. The sponsor is signing a contract to sell their house and/or use their income to support the immigrant so the rest of us don't have to.