Affidavit of Support Question - please advise!

[Daniel_B 0]

Hello,

I am currently in the beginning stages of my visa 'journey' for my wife and would really appreciate some advice on this complicated process. I am dual British/US nationality, have been living in the UK for nearly all my life and am moving to the US to go to do a Ph.D this month, with my wife hopefully coming out the following summer (visa permitting).

My only concern with the visa, as a graduate student, will be the affidavit of support. I will be on a graduate student stipend/income, based on teaching and research assistant work, which will get me about minimum $10,500 this year, rising to minimum $19,500 in the third year. I should expect to earn more than this though, and I can get a letter from my school to this effect (and the minimum that can be expected to be earned). Although I have had little income over the past few years due to studying, I can show my past IRS returns. However, there is a shortfall and I have no assets to supplement it.

My wife, however, has a house in Germany. How do I go about including her property in the affidavit of support? It isn't been rented, so could potentially be liquified within a year. Has anyone had any experience in including foreign property assets and which documentation does one need to do so? The information given on the US immigration website is so sparse that I am having difficulty in working out what's what.

Thank you all so much in advance

Daniel

[HS2 7]

not sure...you might need to get a co-sponsor here in us

check out this discussion and see if any of the info is useful to you

http://www.visajourney.com/forums/topic/322941-denied-at-the-interview-how-is-this-possible/

Edited August 5, 2011 by cipollina

[Penguin_ie 5,986]

You would need a professional assessment of the property to show how much it is worth in the current condition. But many embassies will not accept foreign assets, as they are difficult to get hold of, should the beneficiary become a public charge. Would your wife consider selling the property now and transfering the money into a joint account in the USA?

[Daniel_B 0]

Thank you for your replies. I think my wife would rather not sell the property; I know, for a fact, that it would never come to that because if worst came to worst, we would borrow money from family before selling the property, but obviously that isn't good enough!

The problem is, I have never really lived in the US and therefore cannot find a co-sponsor as they need to be US citizens. I'm just incredibly worried about this!

Would you suggest that I contact the London embassy and ask their advice, as this is seemingly somethign that they will eventually deal with?

[kali1229 6]

You need a co-sponsor. If you do not have the assets, you must find someone else willing to help you out. No ifs, ands, or buts. When your paperwork gets to the NVC stage, you have one year to complete it. I really suggest finding somebody that can help you out. I was in the same spot as you but I finally got it sorted out. I know how stressful this must be. Please hang in there and ask everyone you know in the U.S.

[Anh map 2,098]

Based on what you are telling us you will need a joint sponsor to get her here in the next couple of years.

This I-864 FAQ link may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

[Daniel_B 0]

Thanks all!

kali1229 - Its not that we don't have the assets. My wife does own a property abroad! I just find the whole process so confusing. Why, for example, would they list property assets as a possible way of meeting the support requirements when they seem to not be good enough?

I do, however, as you all suggest, need to start looking for a potential co-sponsor. I just find it a very big thing to ask someone...

[pushbrk 12,145]

Thanks all!

kali1229 - Its not that we don't have the assets. My wife does own a property abroad! I just find the whole process so confusing. Why, for example, would they list property assets as a possible way of meeting the support requirements when they seem to not be good enough?

I do, however, as you all suggest, need to start looking for a potential co-sponsor. I just find it a very big thing to ask someone...

The public charge issue is decided based on totality of circumstances. A house your family doesn't occupy, that is properly documented will be "considered" but the issue is HOW will it be considered. First, only the documented EQUITY...CAN.... be considered. Because this property is in another country, it must be considered less available for liquidation to support the immigrant. The fact that you KNOW it is not really available to be liquidated, demonstrates that.

There are practical aspects to bringing a foreign spouse to the USA. Affidavits of supports are not "complicated", certainly not for a graduate student with English as a first language. The "complication" is that you don't currently qualify to sponsor an immigrant. "Practical aspect"

[Daniel_B 0]

Affidavits of supports are not "complicated", certainly not for a graduate student with English as a first language. The "complication" is that you don't currently qualify to sponsor an immigrant. "Practical aspect"

I appreciate your help, but to be honest, I found your response quite patronising: as many of the similar affidavit of support type posts on this board attest, there is clear ambiguity (and therefore complication) in how the forms are worded and what seems to be the accepted practice at whatever consulate your case gets passed to. This is the case whether one is a "graduate student with English as a first language" or not, in your words. For example, I read that certain consulates are less willing to accept foreign property assets than others; this information only really materialises through word of mouth, it seems. And actually, I do qualify to sponsor an immigrant, by their criteria. My minimum income will be $11,000 and my wife has full equity of a property to supplement it. I also never said it wasn't readily available to be liquidated, I said we would pursue other options first if it came to it.

I just find the ambiguity of their instructions quite frustrating in what is a very stressful separation from my wife.

[kali1229 6]

The problem isn't if it CAN be liquidated. The problem is that it's ABROAD. How can the U.S collect the funds for that house if your wife uses means-tested benefits and you get sued? If you have further questions, you could consult an immigration lawyer. Maybe they'd be able to clear this up for you (and the rest of us as well if you let us know)

[Anh map 2,098]

I appreciate your help, but to be honest, I found your response quite patronising: as many of the similar affidavit of support type posts on this board attest, there is clear ambiguity (and therefore complication) in how the forms are worded and what seems to be the accepted practice at whatever consulate your case gets passed to. This is the case whether one is a "graduate student with English as a first language" or not, in your words. For example, I read that certain consulates are less willing to accept foreign property assets than others; this information only really materialises through word of mouth, it seems. And actually, I do qualify to sponsor an immigrant, by their criteria. My minimum income will be $11,000 and my wife has full equity of a property to supplement it. I also never said it wasn't readily available to be liquidated, I said we would pursue other options first if it came to it.

I just find the ambiguity of their instructions quite frustrating in what is a very stressful separation from my wife.

$11K does not meet the income requirement. No debating that fact. The amount for a household of two is currently $18,387. If you can document an income that does meet the requirement then you may not need a joint sponsor.

To include real estate as an asset the sponsor needs a recent appraisal done by a licensed professional. Any mortgages must be disclosed so a current net value can be established. An asset held outside the US is considered at a 5:1 ratio. Most consular officers are unlikely to accept foreign real estate because of difficulties forcing the property liquidation if things go wrong.

The form is primarily used by US residents so assets are held within the jurisdiction of US courts and thus easier to seize, etc. if needed.

You may not like the form and want to parse the wording but it won't help you solve the potential problem. Direct your energy toward finding solutions so that you and your spouse can live together in the US.

[Daniel_B 0]

OK thanks all - I'm going to scrap the asset plan and try and find SOMEONE who is willing to be a cosponsor!

You may not like the form and want to parse the wording but it won't help you solve the potential problem. Direct your energy toward finding solutions so that you and your spouse can live together in the US.

It might not be a problem for me now, as I have fortunately had some really helpful advice from you all. But I think it is a shame that future couples in my position - who may not have had such helpful advice from forum members on here - who read that foreign property assets can be used, go through the hassle of valuation and so on, only to be told this is not acceptable and to have their petition delayed for months while they figure out a workaround.

I understand, from the US governments position, that accepting foreign property assets is something of a liability in terms of chasing this up. I get this, from a logistical point of view. My only point is why they then state "You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption"! If this doesn't work in practice, it seems rather misleading to say this clearly in the instructions, or at least not include the caveats that make one person's petition more likely to be accepted than another.

[pushbrk 12,145]

OK thanks all - I'm going to scrap the asset plan and try and find SOMEONE who is willing to be a cosponsor!

It might not be a problem for me now, as I have fortunately had some really helpful advice from you all. But I think it is a shame that future couples in my position - who may not have had such helpful advice from forum members on here - who read that foreign property assets can be used, go through the hassle of valuation and so on, only to be told this is not acceptable and to have their petition delayed for months while they figure out a workaround.

I understand, from the US governments position, that accepting foreign property assets is something of a liability in terms of chasing this up. I get this, from a logistical point of view. My only point is why they then state "You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption"! If this doesn't work in practice, it seems rather misleading to say this clearly in the instructions, or at least not include the caveats that make one person's petition more likely to be accepted than another.

Just some clarifications for you. In a spouse case, it will be a "joint sponsor" you seek. Nothing about your finances will have any bearing on whether your petition is accepted or even approved. The affidavit of support comes at the NVC stage, after the petition is approved and acceptance of it will be by a Consular Officer. (Dept. of State, not Homeland Security)

It was never USCIS's intention to be certain that individuals could navigate and manage the immigration process on their own. You could argue that it should have been but it simply isn't. You seem like the sort who with the help of the members here WILL be able to do so, if you'll read carefully, interpret literally and answer accurately as well as read and learn from the members and guides more than you argue about how you think things "should be". It appears we have your attention and that it is more effectively focused. Congratulations and you're welcome.

[Brother Hesekiel 2,235]

The problem is, I have never really lived in the US and therefore cannot find a co-sponsor as they need to be US citizens.

You are mistaken. It is not a requirement that the co-sponsor has to be a US citizen.

Hope you don't find that patronizing.