Affidavit of Support

[Hannah and Giulio 1]

I'm sure there are similar posts somewhere, but I just wanted to post about my case specifically to get some confirmations about the whole affidavit process.

I am the petitioner and I graduated from college last spring. Since graduation I have been working part time for my Aunt and Uncle's winery only making $10 an hour. I took the year off from trying to find a full time job in my field because I had a lot of trips planned after graduation. I went on a family vacation in June and I went to visit my finance in Italy in July, he then came back to the US with me to go on a vacation and to a wedding with me and my parents in August, he went back to Italy the end of August and he came back to the US in October to spend time with my in Florida and he went back to Italy in the beginning of January 2011. I left the US the middle of February (right after filing the K1) and am currently in Italy with him. I will be going home the beginning of May. So I have not been able to obtain a full time job because of all the traveling I wanted to do after college and before having to settle down and start my career.

Due to this, I am worried about what will happen when we get our NOA2 and then have to file the I-134 (affidavit of support). Currently I have $600 to my name. Once I get home I will continue to work in the winery for $10 an hour earning as much as I can in a savings, but I am still hesitant to find a full time job because my finance is applying to grad schools and we will be moving where ever he ends up going to school upon his acceptances and our hopeful Visa approval. So I do not want to go through extensive interviews and training only to say 3 months later I quit and I am moving (does not look good on an employment record).

We are going to have my mom as a cosponsor. She makes well above the necessary amount to support myself, my finance, herself and my father. Once we find out where he will be going to school I can then move, find an apartment of my own and a full time job in my field. My concern is, will we be okay with my mom as the cosponsor, as far as getting approval for the visa if I am not earning near enough to support my finance and am still living at home temporarily?

I have heard stories from people saying in order to get approved I need a full time job and some have even said I need to have my own health insurance and insurance to cover my finance when he arrives from Italy. With my moms temporary help in the beginning there is no chance of my finance or myself becoming a public charge, but is that good enough for an approval?

Any help, comments or suggestions would be appreciated!

Thank you!!

[kaleigha 3]

Wow, we have really similar situations. I am just finishing graduate school now and don't have enough time to work, and I will start looking for a job for the fall, however... I'm not confident that I will find a job in my field (music teaching) so I don't think I will be making much money come fall. My fiance is also planning on starting school soon after he comes here.

I am also planning on using my father as cosponsor- he makes enough money to show he can support us.

Before I filed the I-129f I had a meeting with a lawyer to see if I wanted to use a lawyer or not (I decided we could do it on our own) but one of the questions I asked the lawyer was whether my income (virtually nonexistent) would affect the process. He seemed confident that as long as SOMEONE shows they can support, then it should be okay... So as long as your mother makes enough money, I think it will be fine. At least this is what I have been led to believe...

Hope this helps... although I'm interested to see what other people have to say about this...

[* Kristin * 49]

Yes - assuming your mum makes the required income (which she does, based on your story above), then you will be fine. That is the reason for having a co-sponsor.

I'm sure there are similar posts somewhere, but I just wanted to post about my case specifically to get some confirmations about the whole affidavit process.

I am the petitioner and I graduated from college last spring. Since graduation I have been working part time for my Aunt and Uncle's winery only making $10 an hour. I took the year off from trying to find a full time job in my field because I had a lot of trips planned after graduation. I went on a family vacation in June and I went to visit my finance in Italy in July, he then came back to the US with me to go on a vacation and to a wedding with me and my parents in August, he went back to Italy the end of August and he came back to the US in October to spend time with my in Florida and he went back to Italy in the beginning of January 2011. I left the US the middle of February (right after filing the K1) and am currently in Italy with him. I will be going home the beginning of May. So I have not been able to obtain a full time job because of all the traveling I wanted to do after college and before having to settle down and start my career.

Due to this, I am worried about what will happen when we get our NOA2 and then have to file the I-134 (affidavit of support). Currently I have $600 to my name. Once I get home I will continue to work in the winery for $10 an hour earning as much as I can in a savings, but I am still hesitant to find a full time job because my finance is applying to grad schools and we will be moving where ever he ends up going to school upon his acceptances and our hopeful Visa approval. So I do not want to go through extensive interviews and training only to say 3 months later I quit and I am moving (does not look good on an employment record).

We are going to have my mom as a cosponsor. She makes well above the necessary amount to support myself, my finance, herself and my father. Once we find out where he will be going to school I can then move, find an apartment of my own and a full time job in my field. My concern is, will we be okay with my mom as the cosponsor, as far as getting approval for the visa if I am not earning near enough to support my finance and am still living at home temporarily?

I have heard stories from people saying in order to get approved I need a full time job and some have even said I need to have my own health insurance and insurance to cover my finance when he arrives from Italy. With my moms temporary help in the beginning there is no chance of my finance or myself becoming a public charge, but is that good enough for an approval?

Any help, comments or suggestions would be appreciated!

Thank you!!

[Hannah and Giulio 1]

Thank you both! I guess well stay positive (easier for me now with this info) and wait!

[Hannah and Giulio 1]

One other question...what is the biggest differences between after the NOA2 with the i134 and with the AOS and the i864? Why is both needed (at 2 separate times)? I hope to have a full time job by the time of the AOS and an apartment, but if for some reason I don't will my mom being a cosponsor still be sufficient? Thanks for all the help!!

[Marvin22 0]

I'm kinda in a similar situation but I lost my job for months now, I made plenty of when I was working for the past 3 years but now im unemployed for 6-7 months now and I'm worried about this affidavit.

I'm hoping for what people say co-sponsors from my parents would help not affect the process. We already got our NOA2 approved and just waiting for the next step.

Has anybody actually gone through the process and been successful even if you're unemployed during the process? I hope this would bring some light and confidence to us... Its been a tough economic time.

[faust-yusov 103]

One other question...what is the biggest differences between after the NOA2 with the i134 and with the AOS and the i864? Why is both needed (at 2 separate times)? I hope to have a full time job by the time of the AOS and an apartment, but if for some reason I don't will my mom being a cosponsor still be sufficient? Thanks for all the help!!

With the I-134, there's no strict stipulation regarding income with respect to household poverty guidelines (though common sense dictates that most COs will more or less work to this). With the I-864, 125% of the poverty level for your household is an absolute condition. If you can't meet it, you can't qualify.

The other difference (that I know of) regards co-sponsorship. For the I-134 only one income is taken into account - be that of your fiance, or the person they defer to. For the I-864, you can properly co-sponsor - i.e. combine incomes to meet the poverty requirements.

Edited April 17, 2011 by faust-yusov

[Hannah and Giulio 1]

With the I-134, there's no strict stipulation regarding income with respect to household poverty guidelines (though common sense dictates that most COs will more or less work to this). With the I-864, 125% of the poverty level for your household is an absolute condition. If you can't meet it, you can't qualify.

so does that mean with the I-864 I have to be able to cover the 125% or is that with the joint sponsor?