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MiSeRaBle123

affidavit for AOS

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So now that i have accurate numbers, my wife's 2011 income was $9,228 and the poverty guideline for 2012 is $18,912

and the difference is $18,912- $9,228 = $9,684

the I-864 instructions say if you are a u.s citizen and sponsoring your spouse then the total value of your assets must only be equal to at least three times the difference, so based on that: the difference which is $9,684 * 3 = $ 29,052

she already has $ 29,000 in her account and willing to deposit 1 more 1,000 tomorrow so the total in her account will be $30,000

it will be a little over 29,052, my question is that gonna be enough? or it's better to find a co-sponsor? and do you know if anyone had a similar situation and if it turned out to be a problem ?

and is it going to be suspicious that she just added a 1,000 to her account? and can you please tell me what kind of letter from the bank she has to get?

is it a simple letter that says how much she has total ? or a different type of bank statments?

thank you

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No idea what kind of statement she needs but that should be fine IF she has had that money in her account for awhile. If 29K was just placed there that will be a problem. Since its so close to the line, though, I would suggest getting a cosponsor for back up just in case - at least have one ready in case you are RFEed.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
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11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
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12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
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11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
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11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

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Filing in November 2013

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So now that i have accurate numbers, my wife's 2011 income was $9,228 and the poverty guideline for 2012 is $18,912

and the difference is $18,912- $9,228 = $9,684

the I-864 instructions say if you are a u.s citizen and sponsoring your spouse then the total value of your assets must only be equal to at least three times the difference, so based on that: the difference which is $9,684 * 3 = $ 29,052

she already has $ 29,000 in her account and willing to deposit 1 more 1,000 tomorrow so the total in her account will be $30,000

it will be a little over 29,052, my question is that gonna be enough? or it's better to find a co-sponsor? and do you know if anyone had a similar situation and if it turned out to be a problem ?

and is it going to be suspicious that she just added a 1,000 to her account? and can you please tell me what kind of letter from the bank she has to get?

is it a simple letter that says how much she has total ? or a different type of bank statments?

thank you

Is she self-employed? Is that why you are basing it off what she made in 2011? What is her current income this year?

If the rest of the money was already in her account, adding just the $1000 now should not be much of an issue. She can provide a bank statement showing how much she has in savings. If she wishes, she can ask the bank for a letter stating when she opened the account, plus her average and current balance.

Edited by Jay-Kay

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Is she self-employed? Is that why you are basing it off what she made in 2011? What is her current income this year?

If the rest of the money was already in her account, adding just the $1000 now should not be much of an issue. She can provide a bank statement showing how much she has in savings. If she wishes, she can ask the bank for a letter stating when she opened the account, plus her average and current balance.

First off thank you so much for replying,

No, she is not self-employed, but as i know they look at the last tax return right?

she barely met the poverty guidline for 2010 and for she made about 9k 2011 because she was living with me in the uk for 6 months, ( she took leave of absence from work)and she still has the same job,

she makes around $550 to $750 every 2 weeks, so she makes around 18k per year. but she also been off work since i came here (2 months) as we got married and getting our papers ready. she is going back to work in 3 weeks.

she already has $29,300 and gonna deposit a 1,000 tomorrow.

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First off thank you so much for replying,

No, she is not self-employed, but as i know they look at the last tax return right?

she barely met the poverty guidline for 2010 and for she made about 9k 2011 because she was living with me in the uk for 6 months, ( she took leave of absence from work)and she still has the same job,

she makes around $550 to $750 every 2 weeks, so she makes around 18k per year. but she also been off work since i came here (2 months) as we got married and getting our papers ready. she is going back to work in 3 weeks.

she already has $29,300 and gonna deposit a 1,000 tomorrow.

She must list the incomes from her last 3 years of taxes on the form and provide a tax transcript for 2011, but that is not her current income. She is not self-employed, so you would not base her current income off of what she made in the past last year.

You would estimate her current annual income by taking her hourly pay and multiplying that by how many hours a week she works. Then multiply that by 52. Or you can multiply what she makes in a month by 12. That is the current income to list on #23 and 24 of the I-864. That is the amount that needs to be at least 125% of the poverty level for your household size of 2. She needs to be currently making at least $18,912 this year. Have her get a letter from her employer stating her position and salary. She can also list what she has in savings and provide bank statements to show how much she has in her account since her income seems to be borderline. $30k in savings more than covers 3 times the amount she is short. Even she is only making on the low end of what you stated ($550 bi-weekly), she would only need $15k in savings to have at least 3 times the shortcoming in her income. Having double that amount in savings is a good thing. Her savings should allow you to not need a joint sponsor. She can also write a statement explaining that her income was so low in 2011 because she was out of the country and not working for half of the year.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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She must list the incomes from her last 3 years of taxes on the form and provide a tax transcript for 2011, but that is not her current income. She is not self-employed, so you would not base her current income off of what she made in the past last year.

You would estimate her current annual income by taking her hourly pay and multiplying that by how many hours a week she works. Then multiply that by 52. Or you can multiply what she makes in a month by 12. That is the current income to list on #23 and 24 of the I-864. That is the amount that needs to be at least 125% of the poverty level for your household size of 2. She needs to be currently making at least $18,912 this year. Have her get a letter from her employer stating her position and salary. She can also list what she has in savings and provide bank statements to show how much she has in her account since her income seems to be borderline. $30k in savings more than covers 3 times the amount she is short. Even she is only making on the low end of what you stated ($550 bi-weekly), she would only need $15k in savings to have at least 3 times the shortcoming in her income. Having double that amount in savings is a good thing. Her savings should allow you to not need a joint sponsor. She can also write a statement explaining that her income was so low in 2011 because she was out of the country and not working for half of the year.

so if she makes $9.80 an hour and she works 38.75 hours per week then that should be enough i think, 9.80 * 38.75 * 52 = $19,747

i believe this amount will be before tax, or shall she makes 18,912 after tax ?

is it enough to get a letter from the bank stating when the account was opened and how much she actually has in it? or should she get detailed bank statement that shows all deposits and transactions ? if so what exactly should she ask for when she goes to her bank, because i remember when we were going through the I-134 they didn't know what letter to give at the bank.

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so if she makes $9.80 an hour and she works 38.75 hours per week then that should be enough i think, 9.80 * 38.75 * 52 = $19,747

i believe this amount will be before tax, or shall she makes 18,912 after tax ?

is it enough to get a letter from the bank stating when the account was opened and how much she actually has in it? or should she get detailed bank statement that shows all deposits and transactions ? if so what exactly should she ask for when she goes to her bank, because i remember when we were going through the I-134 they didn't know what letter to give at the bank.

Yes, the amount is before taxes.

She can get the letter from the bank stating when she opened the account and what the balance of her savings is, if that is all the bank is willing give her. It is better than no letter from them. She could also include copies of her last 6 months of statements from her savings account that will show the activity on it, and they can know she did not JUST put the $30k in there all at once recently.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Yes, the amount is before taxes.

She can get the letter from the bank stating when she opened the account and what the balance of her savings is, if that is all the bank is willing give her. It is better than no letter from them. She could also include copies of her last 6 months of statements from her savings account that will show the activity on it, and they can know she did not JUST put the $30k in there all at once recently.

got it, thank you so much :)

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