Affidavit of Support

[S-C 21]

Hello all,

I am new to the forums, however I have found the actual site extremely useful.

I am planning to commence the K1 Visa process in November 2013 in order to marry my Fiance. She is currently studying in Mississippi, and works a part time job to meet her expenses. My questions are regarding the affidavit of support.

1. I note on the USCIS website that it states the following:

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

This doesn't match up with the feedback I have read on here. My understanding is the affidavit must be presented at the interview. Is this correct?

2. How much weight is given to assets? For example, I currently earn a reasonably good salary. Am I able to transfer money to her, which would technically be an "asset", to meet the requirements of the affidavit of support?

3. If seeking a co-sponsor, does the co-sponsor only need to meet the difference between my fiance's current salary and the poverty threshold?

4. I am extremely certain I will be able to gain employment within a short timeframe once I am living there with my fiance (and soon to be wife). Will my experience, employment history and general ability to gain employment have any impact on the affidavit? It appears that it doesn't, as my salary and assets can't be used as a source. However I am seeking feedback from people who have had the interview.

Thank you in advance for all your help!

[littlej 23]

Hi, I am sure others will have a lot more information for you, my understanding is that the affidavit of support is taken with you to the interview. And in terms of sending large sums of money to your fiance, i personally would be worried it may be seen as you 'paying' your fiance for marrying you, others may disagree but something to think about?

[S-C 21]

Cheers for the advice. I think going down the road of a co-sponsor will be the best option. Also nice to see another Australian on here

[Penguin_ie 6,000]

1. What is written is correct, as is the feedback you got from here- the I-134 is submitted at interview, NOT with the I-129F, and then you submit a I-864 at AOS after marriage.

2. Yes you can, but you need several times the amount needed in income. Also, be careful about transfering as it could be seen as you "buying a greencard" from her.

3. No, incomes cannot be combined, the co-sponsor would need to qualify on their own.

4. No impact

[S-C 21]

Thanks Queen Penguin. Extremely useful. I don't think we will have an issue with the co-sponsor. But I would have preferred to do it by ourselves if possible.

[littlej 23]

Cheers for the advice. I think going down the road of a co-sponsor will be the best option. Also nice to see another Australian on here

no worries, i know how confusing it all is. i'm still trying to navigate the whole sponsor/co-sponsor thing myself. it frustrates me that i can't sponsor myself, it would be a lot easier! There seems to be a few of us Aussies on here, you're in the UK?

[S-C 21]

I agree it would be far easier sponsoring myself! However given she studies it is hard for her to make the threshold for herself and me. I will be taking a fairly large chunk of savings with me as well. But it is what it is.

Yes, I'm living in London. I love London, but it's not the same without Chels here!

[KayDeeCee 4,900]

I agree it would be far easier sponsoring myself! However given she studies it is hard for her to make the threshold for herself and me. I will be taking a fairly large chunk of savings with me as well. But it is what it is.

Yes, I'm living in London. I love London, but it's not the same without Chels here!

London allows for self-sponsorship. There are some informative posts here on VJ by Nich-Nick about the consulate procedures for London. Check in the UK regional forum.

[S-C 21]

I had a read. very helpful! Thank you for the tip!

[St&Sv 33]

I'd add about question #4, Remember there is going to be period of 2-3 months where you won't be able to work while you file the AoS. Though this gives you a perfect window to learn the area and start looking for potential employers. Also depending on how much money you plan to bring in you may need to inform CBP:

"You may bring into or take out of the country, including by mail, as much money as you wish. However, if it is more than $10,000, you will need to report it to CBP. Ask the CBP officer for the Currency Reporting Form (FinCen 105). The penalties for non-compliance can be severe.

“Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, travelers’ checks in any form, money orders, and negotiable instruments or investment securities in bearer form."

If she does need to get a co-sponsor another good thing to remember is that he/she will need to fill out their own separate I-134 and include all supporting documents for it . Your Fiancee will also need to fill out a set too.

Best of luck, and welcome to the shared journey.

Edited May 30, 2013 by St&Sv

[Nich-Nick 3,354]

Hello all,

I am new to the forums, however I have found the actual site extremely useful.

I am planning to commence the K1 Visa process in November 2013 in order to marry my Fiance. She is currently studying in Mississippi, and works a part time job to meet her expenses. My questions are regarding the affidavit of support.

Is there a reason why you can't start until November. I wanted to make sure you understood people who started last November still haven't had their petitions approved. Then there is maybe 3 more months to get the visa via the London part. It could be fall of 2014 before you get a visa and starting 2015 before you work in the US.

Ok, some London specifics on the Affidavit of Support.

1. The I-134 will be presented for the first time on the day of your interview in London. The I-864 will be mailed with your greencard application after marriage. So you do have two very different financial hoops to jump through in a short time space. The first hurdle is easier.

2. How much weight is given to assets? For example, I currently earn a reasonably good salary. Am I able to transfer money to her, which would technically be an "asset", to meet the requirements of the affidavit of support?

You may self sponsor your K1 in London. There is no published amount. The law is vague on fiancé support. It basically says it is up to the officer to decide if you are not likely to become a public charge. If she has income and you have some good savings, it is possible in London. You wouldnt have to transfer the money to her before the officer would consider it. Other consulates may have their own "norm" for what it takes to convince the officer. London seems more flexible.

3. If seeking a co-sponsor, does the co-sponsor only need to meet the difference between my fiance's current salary and the poverty threshold?

Again, for the I-134 that is maybe possible, but I dont remember anybody specifically who has done that. Most people will quote you the stricter rules of the I-864 which doesn't allow pooling of income unless the sponsor and joint sponsor are immediate relatives and live under the same roof. The London website says this about the K1

An applicant for K-1 or K-3 visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1)the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;

2)the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;

3)relatives or friends in the U.S. will assure the applicant's support; or

4)a combination of the above circumstances

Read the whole thing here http://london.usembassy.gov/faffidavit.html and book mark that because it's impossible to find unless you knew about it before the website got changed up a bit.

4. I am extremely certain I will be able to gain employment within a short timeframe once I am living there with my fiance (and soon to be wife). Will my experience, employment history and general ability to gain employment have any impact on the affidavit? It appears that it doesn't, as my salary and assets can't be used as a source. However I am seeking feedback from people who have had the interview.

You won't work for 3-4 months and that's if you marry the first day and get your adjustment of status filed on the second day in the US. Most people don't kick in that fast. Maybe if you're a doctor or engineer, then your skills might help sway the officer who is making that subjective decision in London. It won't help on the I-864 which will be submitted first, in order for your work authorization and greencard to be granted.

About joint sponsor for the I-134 London. Somebody said your fiancé and the joint sponsor both fill out an Affidavit of Support. True for the I-864 and your greencard. but for the I134 London, they just want a sponsor. It doesn't have to be the fiancé. If her Dad is willing, then they would approve with only an I -134 from him. However since she has some income, then she could show what she has with her own I-134.

Hope that helps. You are well over a year away from needing an affidavit of support on your current timeline so everything is subject to change in the interim.

[UK-USA-K1 128]

Deleted as I noticed that the post above mine is by a recognized expert in this field and I know that the information above is better than anything I could have written

Edited May 31, 2013 by UK-USA-K1

[S-C 21]

Thanks Nich-Nick. Much appreciated! Waiting until November because I am yet to propose!

However I have started wrapping my head around all of this now as we have discussed me moving there. So I want to be as prepared as possible so it goes as smoothly as it can.

UK-USA-K1 - I read it before you deleted. Still very helpful. Cheers.

[rjm_cmyk 75]

Read the whole thing here http://london.usembassy.gov/faffidavit.html and book mark that because it's impossible to find unless you knew about it before the website got changed up a bit.

How true that is ! I've spent quite some time trying to find it myself and only finally found it via searching and following threads on here. As beneficiary I will have housing equity assets enough (whatever that might be) but my petitioner who only recently graduated may not have a job paying enough by the time of my interview. There again given the speed of CSC perhaps their plan will be to give us a fighting chance by making us hang on as long as possible

I also remember reading somewhere how they value liquid assets and use it to offset against the poverty level/family size money needed ratios. But thinking of it I may be getting confused with the petitioner/sponsor using cash to top up their income requirements.