Affidavit of Support

[deelo 0]

We are in the process of moving back to the US. My wife (US citizen) is disabled with small pension and I am the majority of the household income. We are at the AOS stage of our I130.

It seems we misread somewhere that it was 3x the difference between income and poverty guideline, but now we realize it is 5x.

With my wife's income we are short around $10500 x5($52500).

We have a house where the property tax is set at $15000 (own it outright), 2 cars ($5000 area each) and we recently bought some other property valued at $120000 where we have paid $35000 of it.

Can all these assets be used in the Affidavit of Support? Will owing money on the new property count against us if we use it?

Any suggestions, experiences and ideas are very welcome.

Thanks,

Thoke

[Penguin_ie 6,005]

You were correct the first time- it is x3 assets for a spouse, but if you are using a co-sponsor or were petitioning another type of family member, it is x5.

Are the cars and property US based? Most embassies want assets to be US based to count. It is likely only one of your cars and the property that is not your primary residence will count. It's ok to owe money on a property you use for assets, but only your equity in the house will count for assets, and a recent valuation is needed.

[deelo 0]

All assets are US based. We found the 5x requirement here:

http://travel.state.gov/visa/immigrants/info/info_3200.html

#5 IF you claimed assets to meet the minimum income requirement: The total net cash value of assets claimed must be at least five times the difference between the your total household income and the poverty guideline for your household size.

Do you/anyone have a link or something with the 3x?

[Penguin_ie 6,005]

Do you/anyone have a link or something with the 3x?

Yep:

http://travel.state.gov/visa/immigrants/info/info_3183.html#6

"The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income."

[deelo 0]

Thank you Penguin.

Think the pages are stating both x5 and x3, not sure which to follow...

Also how I understand equity is market value - unpaid mortgage (will they hold it against us we have the $1000 mortgage). Not trying to be paranoid, but this is sooo important. =)

[Penguin_ie 6,005]

It's x5 for almost everyone EXCEPT spouses and kids, as outlined above. Remember that the same form is used for a lot of visas, hence x5 is used more often in documentation.

Your right on the equity.

[pushbrk 14,250]

Thank you Penguin.

Think the pages are stating both x5 and x3, not sure which to follow...

Also how I understand equity is market value - unpaid mortgage (will they hold it against us we have the $1000 mortgage). Not trying to be paranoid, but this is sooo important. =)

They won't hold against you that you have a mortgage or loan against an asset except that the balance of the loan is subtracted from the market value in calculating the equity. However, read carefully the I-864 instructions for using assets. They consider "liquid" assets and then only if their forced sale would not create an undue hardship on its owner. Things like the primary residence and primary automobile being sold are considered to create undue hardship, so don't expect them to be considered as liquid.