Tricky Affidavit of Support Situation

[LidK 0]

Hi everyone,

I'm new to here & hope to get some help on the matter that I have... My husband is employed part-time (goes for 2 weeks in 3 months) and collects unemployment benefits at the same time. It is all done legally, under CA laws, we have checked and his workplace knows that too, in fact, it is providing all the documentation for the unemployment to be billed.

In this case, his past three years of tax returns have been fine. My question is, that the fact that unemployment benefits make up to $5000 on his taxes, will there be a problem at the interview? For example he made 19400, 5000 out of it from unempl.

I wonder if anyone had a situation like this... I did my research and know that unempl. counts towards income and should be put in i 864, just my concern is if the interviewer might have problems with it somehow.

Im looking forward to your help! Thank you!

[dwheels76 5,486]

Hi everyone,

I'm new to here & hope to get some help on the matter that I have... My husband is employed part-time (goes for 2 weeks in 3 months) and collects unemployment benefits at the same time. It is all done legally, under CA laws, we have checked and his workplace knows that too, in fact, it is providing all the documentation for the unemployment to be billed.

In this case, his past three years of tax returns have been fine. My question is, that the fact that unemployment benefits make up to $5000 on his taxes, will there be a problem at the interview? For example he made 19400, 5000 out of it from unempl.

I wonder if anyone had a situation like this... I did my research and know that unempl. counts towards income and should be put in i 864, just my concern is if the interviewer might have problems with it somehow.

Im looking forward to your help! Thank you!

The problem is unemployment ends. Just like many can't use their SSI benefits. What will happen if his unemployment ends suddenly or when it runs out?

Look at what happened in April where any one getting emergency unemployment benefits were cut 10%.

Its going to be to the discretion of the CO. I personally would line up a joint sponsor. Also check with your countries forum to see how tough your embassy is.

[LidK 0]

Thank you for your quick reply! I'm in the States actually and we got married here too (i was on a student visa). He has been on the benefits for the past 4 years while working for the same company, so every tax shows unemployment.

Found a joint sponsor who turned out not making enough...$1,200 short... I was thinking, would it work if I give my joint sponsor the 5x1,200 ($6000) to keep on her saving account...would the savings statement from the bank work as an asset from a joint sponsor? I am really in a hurry to finally file everything but these little problems just make me so frustrated.

Thanks!..

[aaron2020 11,652]

Thank you for your quick reply! I'm in the States actually and we got married here too (i was on a student visa). He has been on the benefits for the past 4 years while working for the same company, so every tax shows unemployment.

Found a joint sponsor who turned out not making enough...$1,200 short... I was thinking, would it work if I give my joint sponsor the 5x1,200 ($6000) to keep on her saving account...would the savings statement from the bank work as an asset from a joint sponsor? I am really in a hurry to finally file everything but these little problems just make me so frustrated.

Thanks!..

You handing the money over to your friend temporarily would be fraud. It is not her money. It's your money that she would return as soon as you got your green card. THIS IS FRAUD!!!!! Don't do it.

USCIS does not like seeing money transferred in SOLELY to meet the I-864 and then quickly transferred back. No reason to transfer the money except to perpetuate the fraud that the money belongs to your Joint Sponsor when in realtiy it belongs to you. So, a trick - a lie - a material misrepresentation since it matters in deciding if you meet the I-864 requirement.

Edited June 27, 2013 by aaron2020

[LidK 0]

Why would it be a fraud if I keep the money with her since she will be my SPONSOR, just the money will be on her account?

[aaron2020 11,652]

Why would it be a fraud if I keep the money with her since she will be my SPONSOR, just the money will be on her account?

It's fraud because the sole purpose of the transfer is to allow your friend to meet the I-864 requirements. There is no other reason for the transfer. People do not normally give their friends $6000. If it looks strange - like it's the first time you ever gave that much money to a friend - then USCIS will deem it was done as fraud.

This is what USCIS will think. My Joint Sponsor does not meet the requirements. Ha. Ha. I will trick USCIS by transferring a large of money into my JS's account so she looks like sheets the requirement. After I get my green card, I will get my money back. So I made my money look like my JS's money to qualify even though my JS never did. This is fraud.

[LidK 0]

I'm not trying to trick anyone and not interested in creating a fraud like you're saying. I've come here on legal terms and following the laws, my husband and I are getting our paperwork ready, so I've signed up to this forum to seek advice and help and not to be lectured.

[N-o-l-a 7,168]

It would be better to use that money and save some more to meet the requirements for your husband to be the sole sponsor, IMO.

[aaron2020 11,652]

I'm not trying to trick anyone and not interested in creating a fraud like you're saying. I've come here on legal terms and following the laws, my husband and I are getting our paperwork ready, so I've signed up to this forum to seek advice and help and not to be lectured.

I am not lecturing you. I am not accusing you of fraud. I am trying to help you.

Your view is not then only view. USCIS looks at large transfer of money to the Joint Sponsor before the filing of the I-864 to be suspicious when the money transferred turns an unqualified Joint Sponsor into a qualified Joint Sponsor.

You see it one way and USCIS sees it another way.

I am trying to warn you. I am trying to help you.