Affidavit of Support

[doysl 1]

Hi. I'm Slava from Russia and I'm glad to be here among experienced people, who can - I hope - give an advise.

My fiancee is a USC and she'll petition for me. The problem is she has no income, because has never worked. Also she don't have anybody to be a co-sponsor or a joint sponsor. There's no any savings or assets under her belt neither. She lives with parents and her family is experiencing not the best times, that's why nobody can be a co-sponsor.

I got some savings that's about $5,000 and an apartment that can be sold for at least $60,000. I live in the apartment with my parents. But there's another apartment where they can move in case the first one is to be sold.

Can my fiancee explain these facts in a cover letter and point out my assets in the affidavit of support? Will it be enough? Do we have chances?

Thank you.

[Pitaya 2,576]

Hi. I'm Slava from Russia and I'm glad to be here among experienced people, who can - I hope - give an advise.

My fiancee is a USC and she'll petition for me. The problem is she has no income, because has never worked. Also she don't have anybody to be a co-sponsor or a joint sponsor. There's no any savings or assets under her belt neither. She lives with parents and her family is experiencing not the best times, that's why nobody can be a co-sponsor.

I got some savings that's about $5,000 and an apartment that can be sold for at least $60,000. I live in the apartment with my parents. But there's another apartment where they can move in case the first one is to be sold.

Can my fiancee explain these facts in a cover letter and point out my assets in the affidavit of support? Will it be enough? Do we have chances?

Thank you.

Welcome to the forum.

At this stage of the process, the USCIS is primarily interested in the assets of the US citizen petitioner and their ability to support the beneficiary(s). Please check out the GUIDES for great information, in particular, the forum's Affidavit of Support FAQs for more information.

Good luck on your visa journey.

Edited August 14, 2012 by A&B

[doysl 1]

primarily

Thank you such a quick reply.

So does 'primarily' mean we can't rely on my assets? In I-134 there's no opportunity to show a beneficiary assets, but in I-864 there is a special section for that.

Edited August 14, 2012 by doysl

[kzielu 1,147]

Thank you such a quick reply.

So does 'primarily' mean we can't rely on my assets? In I-134 there's no opportunity to show a beneficiary assets, but in I-864 there is a special section for that.

Apartment that you can sell somewhere outside US is totally irrelevant and you will not be able to use it - unfortunately. If you sell it, transfer funds to US and document them there - then it may work.

[dwheels76 5,461]

Thank you such a quick reply.

So does 'primarily' mean we can't rely on my assets? In I-134 there's no opportunity to show a beneficiary assets, but in I-864 there is a special section for that.

The I-864 is for married couples. The assets has to be hers. She has to prove she can support you or have a co-sponsor that will vouch for you.

[Boiler 43,434]

He is here, beside a VAWA case he can only adjust here through you.

Get divorced asap and let him deal with his issues.

[Pitaya 2,576]

Thank you such a quick reply.

So does 'primarily' mean we can't rely on my assets? In I-134 there's no opportunity to show a beneficiary assets, but in I-864 there is a special section for that.

Did you get a chance to read the link to the I-134 FAQs that I provided? You mention that you have a USC fiancee that will file a (assumed K-1 fiance(e)) petition for you. In the initial phases of that process, depending on the consulate, the I-134 is the support form utilized. The forum's Moscow embassy info page lists a I-134 form as being used.

Now you are talking about the I-864. What visa are you talking about? That form is used later on in the AOS phase of the K-1 visa (and others) process.

Please clarify your visa situation.

[doysl 1]

Did you get a chance to read the link to the I-134 FAQs that I provided?

Please clarify your visa situation.

Yes, thank you for the link. I made a research on the whole process including I-129F petitions and I-130 too. I'm talking about getting a Fiance(e) visa and following adjustment of status. But it doesn't really matter, because the main thing I'd like to know is the affidavits of support, the both I-134 and I-864.

Here's how a see it:

1) For I-134 she points out that has no income etc. but attaches a cover letter that I will support myself and mention my savings and assets.

2) For I-864 she writes down my savings and assets in the special field of the form. I didn't see any restrictions about assets that they should be within the US. The only rule is I can transform it into cash during a year and get the money into the US, plus the selling of an asset shouldn't be a hardship for those living in it.

[kzielu 1,147]

Yes, thank you for the link. I made a research on the whole process including I-129F petitions and I-130 too. I'm talking about getting a Fiance(e) visa and following adjustment of status. But it doesn't really matter, because the main thing I'd like to know is the affidavits of support, the both I-134 and I-864.

Here's how a see it:

1) For I-134 she points out that has no income etc. but attaches a cover letter that I will support myself and mention my savings and assets.

2) For I-864 she writes down my savings and assets in the special field of the form. I didn't see any restrictions about assets that they should be within the US. The only rule is I can transform it into cash during a year and get the money into the US, plus the selling of an asset shouldn't be a hardship for those living in it.

Writing down is not going to help. Documentation is what's needed for I-864 - W2s, tax returns/transcipts. You can't just write it down...

Any assets needs to be reachable by US government and any kind of real estate needs an official appraisal to be even taken into consideration. You should really read some more as right now your perception of this process is _very_ naive...

[Boiler 43,434]

I do not believe Moscow allows you to self sponsor. Most Consulates do not.

[doysl 1]

Writing down is not going to help. Documentation is what's needed for I-864 - W2s, tax returns/transcipts. You can't just write it down...

Any assets needs to be reachable by US government and any kind of real estate needs an official appraisal to be even taken into consideration. You should really read some more as right now your perception of this process is _very_ naive...

You're right. I probably explain the things a bit randomly. Let's see. I'm an owner of the asset, I got all papers. It has an official appraisal. But what do you mean saying "reachable by US government"? When I say 'write down' I mean all of that is supported by different official papers, of course.

I do not believe Moscow allows you to self sponsor. Most Consulates do not.

It's not about self sponsoring actually. The primary sponsor is the petitioner, isn't she?

The AOS FAQ says,'however the foreign fiance's assets CAN be used if

they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets.' Then why would a petitioner want to use the foreign fiance's assets?

Edited August 14, 2012 by doysl

[Boiler 43,434]

Exactly, she can use a co sponsor who needs to be a USC or LPR.

[Eric-Pris 1,602]

How is she going to support you when you come to the US? You won't be able to work for at least 3 months. And even when you can work, good luck finding a decent job in this economy. Unless she can find a co-sponsor, this will not work. These are the kinds of things couples should think about before hastily rushing into a fiancee visa.

[dwheels76 5,461]

He is here, beside a VAWA case he can only adjust here through you.

Get divorced asap and let him deal with his issues.

Ooops up are mixing up your threads.

[doysl 1]

These are the kinds of things couples should think about before hastily rushing into a fiancee visa.

That's what I'm doing right now. Thank you for your help though