Borrowing Money for Affidavit of Support

[ArthurDSellers 0]

My fiance and I have jobs overseas but they both pay us in cash, would pooling our savings into one US bank account and borrowing whatever is needed on top of that from her parents(non-americans) work?

How much would we need to have in the account?

Thank you!

[Inky 1,111]

You cant just put money into an account and use it for the affidavit of support. It requires proof of being there for a long time. Money that just appears in a brand new account or in an old account is not going to count for the requirements.

[Ready to do it 101]

Are you assuming that, or have you read that?

Granted, you are talking about minimum, $54k+ ($18K X 3 yrs)= $54k, but I have not read anything that states the funds have to be seasoned etc.

You cant just put money into an account and use it for the affidavit of support. It requires proof of being there for a long time. Money that just appears in a brand new account or in an old account is not going to count for the requirements.

[san diego 407]

You cant just put money into an account and use it for the affidavit of support. It requires proof of being there for a long time. Money that just appears in a brand new account or in an old account is not going to count for the requirements.

I agree. Have you filed 2010 return?

Are you assuming that, or have you read that?

Granted, you are talking about minimum, $54k+ ($18K X 3 yrs)= $54k, but I have not read anything that states the funds have to be seasoned etc.

They do. Anyone can just borrow 54K and transfer on the account for 2 days. They are not that stupid. They will ask for several months worth of bank statements and see what comes when.

[san diego 407]

Moreover, just bank account will not do it. If you do not have documented sufficient income for at least 1 year they will ask for other assets. Just transferring money on the account will not help. They do ask for evidence. Do you have any other assets? Maybe, US co-sponsor?

Edited May 26, 2011 by san diego

[Inky 1,111]

Are you assuming that, or have you read that?

Granted, you are talking about minimum, $54k+ ($18K X 3 yrs)= $54k, but I have not read anything that states the funds have to be seasoned etc.

Its been said many times on VJ before by seasoned VJ members. Not to mention the fact that the papers ask for supporting evidence with the I-134.

[Que Saudade 284]

You have to show ongoing work and in our case, I had to show my last years tax returns, a letter from my bank stating when I opened account and current balance, and a letter from my employer stating when I was hired and how much I make a year. This I know and not assuming as we just had our interview.

Here is a link for the instructions to file I-134 which is what is used for K1 visa.

http://www.uscis.gov/files/form/i-134instr.pdf

Good Luck

[Ready to do it 101]

I personally "think" all the responses after mine are incorrect. You do not have to have a job, nor do you have to have filed a 2010 tax return. If you have assets in the bank to meet the 3 times requirement nothing else is needed as I have read it. THe question becomes, do the assets need to be seasoned. I too would assume you cannot just simply put the cash in the bank, get a bank statement the next day and you are good to go, but my question was... has anyone ever had this situation? I would be more than willing to bet that 3 months of seasoned money in an account is more than sufficient. But I wouldn't be shocked if you don't even have to show it has been in the account for 3 months... thus the reason I asked if anyone has ever experienced this.

[Richie Rich 70]

I personally "think" all the responses after mine are incorrect. You do not have to have a job, nor do you have to have filed a 2010 tax return. If you have assets in the bank to meet the 3 times requirement nothing else is needed as I have read it. THe question becomes, do the assets need to be seasoned. I too would assume you cannot just simply put the cash in the bank, get a bank statement the next day and you are good to go, but my question was... has anyone ever had this situation? I would be more than willing to bet that 3 months of seasoned money in an account is more than sufficient. But I wouldn't be shocked if you don't even have to show it has been in the account for 3 months... thus the reason I asked if anyone has ever experienced this.

Wrong answer --First you have to have a job --u have to show a letter from your employer stating date of employment , yrs on the job , position, annual salary etc . Secondly --U do have to file and submit yr last 3 yrs of Income tax (to support yr Affadavit of Support)

Thirdly --What assets are you referring to ?? They look at yr bank deposits over a period of time , and any large deposit just before the statement is obtained will be scrutinized .

If you ''think ''that all the responses after yours are incorrect --then get ''Ready to do it '' and see what happens .

[Anh map 2,098]

Typically the adjudicating officer will look at 12 months of bank statements to evaluate the "seasoning" of cash assets for the very reason that others have stated in this thread. Since the assets are being considered as a way to support the intending immigrant over the next several years the CO wants to feel confident that the cash isn't just a quick transfer that will soon leave the sponsor's account and leave insufficient funds available to supplement any income.

From the Adjudicator's Field Manual (20.5 Enforceable Affidavits of Support):

Evidence of assets .

Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. In each instance, the evidence should establish the location, ownership, and value of each listed asset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to:

· Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

· Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;

· Evidence of ownership and value of other personal property and dates acquired; and

· Evidence of ownership and value of any real estate and dates acquired.

[Penguin_ie 5,994]

We kind of had this situation. Our US bank account was less than 2 months old when I went to interview, and had a substantial amount of money in it (though much was already out of it again, as we bought a house with our savings). They wanted to see our irish bank account also, 12 months worth, to check that the money did indeed come from our account.

[Otto 83]

Employment is not a requirement - true enough.

The IO will (trust me) question how a USC Petitioner, who is not working, - nor (I'm assuming here) worked recently - based on biographical data attested to (and living in a foreign country no less), somehow has managed to squirrel away a very large sum of money and p.s., a large sum was recently deposited. They will, they absolutely will.

Huge red flag involving thoughts of USC being paid off (and by the parents of the beneficiary no less). Not advisable. Is a co-sponsor (in the US) not something that is doable? (Wouldn't or shouldn't require cash being borrowed.)

OP - when you say 'paid in case' is it safe to assume that might also mean 'under the table?' Are you filing income tax returns? A little more specific information and perhaps there can be some more specific answers.

[san diego 407]

Employment is not absolutely necessary. In addition to everything that has been said, I want to add: CO is not just following protocol. They need to see that beneficiary will not become a public charge in years to come. The fact that you have 3 years worse of minimal financial requirement is not sufficient. You have to demonstrate that either your assets are sufficient to sustain this person for a prolonged period of time in US or hold a steady well-paid job.

[san diego 407]

Speaking personally, outside of the legal issue, if I was CO, I would turn down application if you presented the evidence of cash but no 2010 tax return. This is called tax evasion, punishable by law... Bringing foreign fiancee/spouse is a privilege, not basic right. Privilege for law-abiding citizens that pay taxes if they have earnings. I am not sure if they are looking at it but I sure would.

Edited May 27, 2011 by san diego

[john_and_marlene 162]

You cant just put money into an account and use it for the affidavit of support. It requires proof of being there for a long time. Money that just appears in a brand new account or in an old account is not going to count for the requirements.

I have never seen anything cited that requires assets to have been in an account for any amount of time. Could you please cite your source?