Affidavit of Support Query

[craig_b1990 1]

Hi all,

Those that read my topic before will know my situation, if not, then its similar to everyone elses situation here . Anyway, i've not yet started my process, and wont be for about 9-12 months at the moment, but i want to be clear on everything possible before i get started. One thing i have always been unclear about throughout all my research into the Visa is the Affidavit of Support. I know that the sponsor has to have an income of 125% of the poverty line for 2 people right, and if its co sponsored then 125% of the income of 3 people? and so on.

My situation is that I plan on having my girlfriends mum co-sponsor me, and live with her/my girlfriend when I first move to the USA. Her mother knows the situation and is prepared to do so. As far as I know my girlfriends mum will not be at the 125% line for 3 people (I do need to confirm this, but I'm pretty sure she isn't). Anyway, my question is that of 2 parts?

1. If she(co-sponsor) fails to meet the 125% for 3 of us, what happens next? am I knocked back regardless? Is there any way around this, if its not met?, this leads onto my next question....

2. I will have substantial savings when I make the final move (around £20k), and my girlfriends mother also has a large sum of money in savings due to personal reasons...... anyway, I haven't read about any situation like this. So I was wondering if they will take into account my savings and/or her mothers savings and other assets, because this will surpass the 125% mark, or is it purely based on income. I know the Affidavit of Support is to ensure I don't become a liability, and on welfare benefits etc. which is a fair thing, but surely they would consider my own personal savings, and my sponsor (& co-sponsors) financial savings too?

Sorry if that doesn't make sense :/ or isn't that clear, I'm finding it hard to describe what I'm getting at. But I hope you can give me some advice on the situation, if any at all. I don't want to go through all the process and be rejected on that basis, if I know before i start that the Affidavit of Support will not be met.

Thanks a lot!

Edited October 13, 2011 by craig_b1990

[Ready to do it 101]

Her savings can be used instead of income. When using assets as opposed to income the I-864 will require 5 times the poverty level I beleive... thus for a family of 3 she would need about $115,000-$120,000. I think it is 5 times the amount. It may be 3 times the amount which would place it closer to $72,000 needed in the bank. someone else will chime in with the answer.

Your savings do not count. only the co-sponsor's savings will count.

[Nich-Nick 3,354]

Here's 27 pages of discussion by the USCIS to help you understand the I-864 Affidavit of Support.

And also read the form instructions (11 pages) http://www.uscis.gov/files/form/i-864instr.pdf

and look at the form (8 pages) http://www.uscis.gov/files/form/i-864.pdf

You will get a much better understanding from the source than bits and pieces of information people will throw at you in a forum.

[Dan & Jenni 457]

there are 2 affidavits of support... I-134 for the interview and I-864 for AOS once your married. london does allow self sponsorship (your savings) for the I-134 but i think you would need more than 20K. your girlfriends mom can co-sponsor and she can use a combination of income, assets, and savings to meet the 125% poverty level and i think that would probably be the best way of going about it

[craig_b1990 1]

Right, thanks for the replies, helped a little Thanks, i'll leave the 27pages of reading for a day when i have more time though but i will do it! i have the will power. As for the savings that she needs to meet...... Now this will sound naiive probably, but would it be worth putting my savings into her mothers account maybe, just to boost the balance?

I'm sure reading all that info will tell me about the self sponsor etc, thanks again, and anymore help or detail is still appreciated

Annnnyyyywayyyy.... thanks again

[Dan & Jenni 457]

i dont know about you putting money in your girlfriends moms account but if she used her assets to co-sponsor you then here is an example of how it would work...

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

[craig_b1990 1]

Hi again Thanks for the help so far, i spoke to Melaina (gf) and her mum earns roughly $31,000 a year. Will that be enough to co sponsor me, i don't think it will, but I'm still not fully clear on this, and haven't had chance to read up on everything yet. In my head how I see it, her mother will need to earn 3times the 125% limit right? Because there will be 3 of us living together/ she will be "responsible" for 3 of us if it came down to it. Or would her income cover the co-sponsor needs?

Sorry for seeming dumb on this, i think i am frying my mind at the moment with all this, and im very busy learning other stuff at work too, i can feel my brain telling me to slow down lol. Anyway, any help on clearing that up will be appreciated

[JoannaV 174]

The 125% limit is the minimum income required. For a household of 3 that is $23,162. So your fiancee's mother easily qualifies. :-)

[craig_b1990 1]

Oh! Wow!!! thats great news then thank you so much for helping me understand this Made me so happy ha-ha, big worry lifted of my shoulders with that i thought it would be 3 times the poverty line, my misreading/misunderstanding there..... good job i ask for help then shows that it helps to ask if you're not sure

Thank you once again

[craig_b1990 1]

Yet again, sorry to drag this out more, but i dont want to create another thread for it, i might aswell keep it as tidy as i can anyway, i now understand the Affidavit as far as i can see. I have one question about it though. My co-sponsor will have to provide 3 years tax returns, what if there was periods in those 3 years where she didnt have a job/ didnt reach the 125% line to sponsor me?

My girlfriends mum has had her job for around a year now, so it will be 2 years (if she stays with this job) when i start the visa next year, but at the start of last year she had no job, she was made redundant i think. Will the fact that the gap of having no job, affect how they judge her reliability to co sponsor me? Or is it all good as long as she earns what is needed at the present time?

Thank you so much for everything so far, you guys really dont know how happy some of your answers have made me, and how much you have all cleared up my worries with advice you gave me.

[craig_b1990 1]

Going to bump this, sorry, any help on whether my girfriends mum having no job/lower income within the last 3 years would effect me, even though she meets the amount to sponsor me now, will previous effect me negatively?

Thanks so much!

[Rebecca Jo 1,962]

It's not five times assets for a family based case.

It's only three times.

If you are short $500 you need to show $1500 in assets to offset.

Don't mingle your assets with your future family. Not necessary.

I think 20K would be plenty. They used to let people off for just 2K.

Hi again Thanks for the help so far, i spoke to Melaina (gf) and her mum earns roughly $31,000 a year. Will that be enough to co sponsor me, i don't think it will, but I'm still not fully clear on this, and haven't had chance to read up on everything yet. In my head how I see it, her mother will need to earn 3times the 125% limit right? Because there will be 3 of us living together/ she will be "responsible" for 3 of us if it came down to it. Or would her income cover the co-sponsor needs?

Sorry for seeming dumb on this, i think i am frying my mind at the moment with all this, and im very busy learning other stuff at work too, i can feel my brain telling me to slow down lol. Anyway, any help on clearing that up will be appreciated

It is not necessarily that simple.

Who else lives in her household?

[craig_b1990 1]

Her and her mother live in the household at the moment, the near future may include her mums fiancee moving in, but thats not set in stone yet. I am happy with the situation of her sponsoring me and the money it involves, and thank you for answering that.

My question is (when i come to starting the visa/ sending the affidavit of support) her mothers previous 3 years income, will include time where she was unemployed, and time in a job which wouldnt meet the needs of the support. At the moment she earns about $31000, which seems to be sufficient. However i am worried that the past 3 years having unemployment included might hinder my visa process, or do they just take into account what she is earning at that moment in time, to show she could support me.

Also thank you for clearing up the part about making up the difference with assest etc, always handy to know.

[Rebecca Jo 1,962]

Her and her mother live in the household at the moment, the near future may include her mums fiancee moving in, but thats not set in stone yet. I am happy with the situation of her sponsoring me and the money it involves, and thank you for answering that.

My question is (when i come to starting the visa/ sending the affidavit of support) her mothers previous 3 years income, will include time where she was unemployed, and time in a job which wouldnt meet the needs of the support. At the moment she earns about $31000, which seems to be sufficient. However i am worried that the past 3 years having unemployment included might hinder my visa process, or do they just take into account what she is earning at that moment in time, to show she could support me.

Also thank you for clearing up the part about making up the difference with assest etc, always handy to know.

At most London might want to see her most recent income tax return. Past years won't matter.

I asked about household size because I didn't know if Melaina had brothers or sisters. Unofficial rule of thumb for determining household size is to use the number of exemptions claimed on the Federal Income Tax return plus one for the intending immigrant. If she has just exempted herself and Melaina, then adding one for you is correct. Household of three.

[craig_b1990 1]

Alright, Thats good to know, again it takes another worry off my shoulders. No its just her and her mother at the moment too. Whatever changes happen in the future i will deal with when they arise, and no doubt ask for advice on here too. Thanks Rebecca Jo, and thank you SOOOOOO much to everyone else who has had thier input for me. You have all helped me so much. I think i will be a quiet member of this forum until it comes to my time to stand up haha. I do my best to keep up with the topics and all the new information that comes through from everyone in different situations. I dont think i will be a big poster, but a silent member so to speak. Your help has really been useful. Thank you again!