Trust Fund Affidavit of Support

[jarta 24]

if one makes money from a trust fund, what are the supporting documents that are needed in conjunction with I-134 Affidavit of Support to prove that the person actually makes enough money?

thanks

[Bill and Vicky 25]

if one makes money from a trust fund, what are the supporting documents that are needed in conjunction with I-134 Affidavit of Support to prove that the person actually makes enough money?

thanks

You need something that indicates how much income you expect to receive from the trust, how long you've received that income, if there's a limit as to how long you will receive it, and any circumstances under which that income would be adjusted or terminated. Your trust agreement may provide all of that...if not, then I'd suggest you provide at least last year's tax return disclosing the actual income from the trust and something in writing from the trustee explaining your benefits.

Their concern is that you can afford to support yourself and your spouse without going on public assistance. You need to provide enough information that a reasonable person (even an IO...smile) can look at it and say, yes, that's all set, next form.

Care,

Bill

[arh1 2]

I'm in a similar situation. My fiancee is unemployed having just given up her job here in the UK to return back to USA so while she has a fair amount of savings and stocks/bonds c.$40,000 we are using her dad as a cosponsor.

He lives off a trust fund and so for evidence we have: a last statement from the trust which shows a "fixed income" and "cash disbursements" to date on it. We have also included the past few months worth of bank statements which show deposits each month far in excess of what would be required for the poverty guidelines.

In terms of question 7 of the i-134 he has put an income in which correllates to the last tax transcript (2009) in his case as 2010 is still being filed waiting for information from the trust. Savings, and the trust amount too in the corresponding lines.

Edited August 18, 2011 by arh1

[jarta 24]

thanks you guys!! i just want to make sure we have everything covered. you never know what these guys would use to say - come back in a month. i just want to get it done in one interview. i feel like that trust statement is just very complicated and the CO will probably not have the patience and time to review everything hence i want something very concise and goes straight to the point. i think the trust agreement or something in writing from the trustee explaining your benefits as Bill and Vicky said might be very helpful.

all the same i will have all those documents ready.

thanks

[Brad and Vika 129]

I would just add here that if you cannot, or don't wish to provide a copy of the trust itself, that you include perhaps a statement from one of the trustees as to the permanence of the income stream, the amount, and your access (or lack of it) to the corpus.

Edited to say that this is different from the explanation of benefits above, in that you have a chance to explain in one swoop why you are still ok even if the income stream drops below the minimum guidelines. Knowing nothing about the size of the trust, but just trying to think about all the potential issues.

Edited August 18, 2011 by Brad and Vika

[jarta 24]

this trust fund thing is really killing me. technically we shouldn't have this problems, because the trust fund is a reasonable amount which can easily take care us (both of us) for a long time even if we are living lavishly or a super affluence life style. but i feel like the CO might not understand how it works and just say - go find a so-sponsor. it will be nice to find someone who has used a trust fund for his/her affidavit of support to explain what exactly he/she did and the questions that were asked during the interview.

thanks guys

[Brad and Vika 129]

this trust fund thing is really killing me. technically we shouldn't have this problems, because the trust fund is a reasonable amount which can easily take care us (both of us) for a long time even if we are living lavishly or a super affluence life style. but i feel like the CO might not understand how it works and just say - go find a so-sponsor. it will be nice to find someone who has used a trust fund for his/her affidavit of support to explain what exactly he/she did and the questions that were asked during the interview.

thanks guys

You are right that a CO may not understand trust documents. If the trust is as healthy as you say, you shouldn't need a co-sponsor though. If you include a statement from a trustee that has a simple road map of the potential income it should get you past the CO. Just make sure it is some one the CO can contact if they want to verify. Good luck.

[jarta 24]

You are right that a CO may not understand trust documents. If the trust is as healthy as you say, you shouldn't need a co-sponsor though. If you include a statement from a trustee that has a simple road map of the potential income it should get you past the CO. Just make sure it is some one the CO can contact if they want to verify. Good luck.

yeah thanks once again. i read somewhere i think here on VJ that, the CO determines who is likely to be burden on the US government and so in some cases they may not even look at the affidavit of support. basically the person was saying the 125% poverty line is just a guideline they may or may not use. if the beneficiary has his/her college education from the US, does it make the whole affidavit thing easier since the beneficiary is more likely to get a job while in the US easily compared to those without US education? also if the beneficiary is currently working for an American company from his/her home country remotely and is paid in US$ (makes over the 125% poverty line) into a US bank account, does this make the whole affidavit thing easy. so may questions. our situation is a bit interesting

[Brad and Vika 129]

yeah thanks once again. i read somewhere i think here on VJ that, the CO determines who is likely to be burden on the US government and so in some cases they may not even look at the affidavit of support. basically the person was saying the 125% poverty line is just a guideline they may or may not use. if the beneficiary has his/her college education from the US, does it make the whole affidavit thing easier since the beneficiary is more likely to get a job while in the US easily compared to those without US education? also if the beneficiary is currently working for an American company from his/her home country remotely and is paid in US$ (makes over the 125% poverty line) into a US bank account, does this make the whole affidavit thing easy. so may questions. our situation is a bit interesting

I don't think the source of education is at all relevant to the process, but the income is. If your income is paid to you in the US, you should be filing tax returns right? If so then it sounds like you are good to go. Resident aliens and citizens paid by foreign corporations are required to file a tax return here. The other country will also require it. Which country gets the taxes (or most of them), and which gets the credit depends on the filers citizenship I think.