Affidavit of support for couple living together overseas

[Nikki D 6]

Hello,

Long-time lurker, first-time asker.

My fiance (US sponsor) has been living in Australia for nearly 11 years, having left the US at age 18 to study Down Under. We've been together for more than five years (I'm Aussie). The thing is, having left the US as a teen and having spent his entire adult career here in Australia, he currently does not have a US bank account and it's clear that the Fiance Visa is set up on the assumption that the couple in question is in a long-distance relationship, which we are not.

When studying form I-134, it's asking for details regarding his US bank account, US employer and US funds. He has none of these things, but earns a good salary in Australia (the Aussie dollar is very much comparable in value to the US, and wages are generally higher in Australia to factor in our high cost of living), he has savings in his Australian bank accounts and also earns money in a freelance capacity on top of his full-time job. Also, I have a lot of savings and inheritance spread across several savings accounts.

What I'm wondering is, will the fact that all my fiance's money, earnings and assets being in Australian dollars and an Australian bank account not count on the Affidavit Of Support, and also all my savings? We're thinking we should attach all this information to the I-134, because it will certainly show that we'll be able to look after ourselves and not be a burden on the US system when/if they let us in the country, despite my fiance possibly not being employed when we arrive in the US and still being in the process of looking for work.

Any clarification will be greatly appreciated!

[Boiler 45,658]

First strongly suggest you read through the guides.

Sounds like he will need a co sponsor assuming he has not obtained a US job before the interview.

[TBoneTX 45,498]

*** Thread moved from Introducing Our Members forum to the K-1 Process forum, which is more appropriate to the query. ***

[KayDeeCee 4,893]

He will be unemployed when he enters the US. What he made in the past in Australia will not cut it for the affidavit of support. Does he have assets that are worth 3-5 times the income requirement? Are those assets cash or easily converted to cash? He could use assets instead then. The foreign fiance(e)'s income/assets won't be taken into account for the I-134 for the K-1. He will need to get a job in the US before time for the I-134, use assets only (around $60k at minimum), or find a co-sponsor.

[Nikki D 6]

He will be unemployed when he enters the US. What he made in the past in Australia will not cut it for the affidavit of support. Does he have assets that are worth 3-5 times the income requirement? Are those assets cash or easily converted to cash? He could use assets instead then. The foreign fiance(e)'s income/assets won't be taken into account for the I-134 for the K-1. He will need to get a job in the US before time for the I-134, use assets only (around $60k at minimum), or find a co-sponsor.

At this point (still waiting on the NOA2, which we estimage will arrive in a week or two) we're unsure if he'll be unemployed or not if/when we arrive in US in several months' time. Like I said, he has savings in cash. We have cash assets several times more than $60k. Correct me if I'm wrong, but it sounds to me like if we place all our savings in a new US bank account, then we will be fine.

[KayDeeCee 4,893]

I would place them in a joint US bank account, yes. Use the assets to meet the requirement. I would also show proof you owned the assets before moving them to the US. That way they do not think you just borrowed some cash from someone to qualify.

Edited January 20, 2014 by Jay-Kay

[Boiler 45,658]

We, or him.

We, or him.

[Nikki D 6]

"I would place them in a joint US bank account, yes. Use the assets to meet the requirement. I would also show proof you owned the assets before moving them to the US. That way they do not think you just borrowed some cash from someone to qualify."

Thanks so much for your helpful advice and responses, Jay-Kay. While we are able to have his mother sign as my co-sponsor if it comes to that, we'd prefer not to, especially because we have cash assets that meet the poverty-line requirements.

So from what you're saying, if we have much of our money in one US bank account in his name (as we've discovered at this point, he's able to open a US bank account as a US citizen while living overseas, but I am not) then it will be fine. We just have to leave a paper trail in the form of bank statements to show that the money is legitimately our savings, which won't be a problem.

[Boiler 45,658]

Yet again he not we, Australia does not allow K1 self sponsorship.

[KayDeeCee 4,893]

"I would place them in a joint US bank account, yes. Use the assets to meet the requirement. I would also show proof you owned the assets before moving them to the US. That way they do not think you just borrowed some cash from someone to qualify."

Thanks so much for your helpful advice and responses, Jay-Kay. While we are able to have his mother sign as my co-sponsor if it comes to that, we'd prefer not to, especially because we have cash assets that meet the poverty-line requirements.

So from what you're saying, if we have much of our money in one US bank account in his name (as we've discovered at this point, he's able to open a US bank account as a US citizen while living overseas, but I am not) then it will be fine. We just have to leave a paper trail in the form of bank statements to show that the money is legitimately our savings, which won't be a problem.

Yes. Have him open the US account and put the assets there. He can list those assets to meet the requirement of the I-134. I think the paper trail to show he transferred the money and it did not just suddenly appear is a good idea. They like to see at least 6 months back of bank statements to know if you had the money all along or not. It is too easy sometimes to get a family member or friend to loan you enough to get through the affidavit, and they know that.

If you have someone that can co-sponsor, then that is a good backup plan. If they do not accept the assets, then they should give you a 221g and allow you to provide a co-sponsor that meets the requirements.

[Nikki D 6]

Yes, Boiler - "we" are a "we" as we've been together for a long time. Plus, seeing as "we" are not in a long-distance relationship and in fact live together in Australia, "we" have been very fortunate in that "we" were able to build our I-129 petition and submit the forms together. Which, I feel, makes us rather lucky.

Again, thanks for your help Jay-Kay. While we've not ruled out the idea of my partner going ahead to the US if he does get the offer of a job, we would prefer to not be separated for a period of time. I understand that most people on this forum and who apply for the fiancee visa are living in separate countries, my partner and I are very fortunate that we are together in the same country. Long distance, even for a short period of time, would be a new experience to us that we would not welcome (I know, I know - probably a little codependent, right?). My one concern in opening the US bank account and putting some of the assets in there is that the DOHS may see this as fraud, seeing as it's a new bank account. But again, from what you're saying, if we provide a paper trail showing where the money comes from and that it is indeed our money that has existed in our Australian bank accounts for more than six months, then this, I assume, will be fine.

However, I also feel that I'd rather not stress about wondering if this way of doing things will be accepted or not, and just get his mum to co-sponsor in the first instance, just for piece of mind.

[AlissaCarly 44]

Hi Nikki I guess I don't have much advice to offer you, and I see you've gotten plenty of useful advice anyway! But I just wanted to say I went through the same situation. My fiance were together for 3,5 years in the same country before we filed for the K-1, but in order to fill out the Affidavit, he needed a US job and such. So he got a job there, moved back alone, bought assets, put all his money in savings, got a pension plan and life insurance and we are now going to be able to use all this for the Affidavit. It's really hard being away from each other, so I know exactly how you feel about him moving alone! But it does help knowing that the process will go faster this way And before you know it, you're back together!

So if your fiance does have to move back without you, I wish you a lot of strength and good luck, I'm sure you would get through it! And if he doesn't have to move, even better

Edited January 21, 2014 by AlissaCarly

[KayDeeCee 4,893]

Yes, Boiler - "we" are a "we" as we've been together for a long time. Plus, seeing as "we" are not in a long-distance relationship and in fact live together in Australia, "we" have been very fortunate in that "we" were able to build our I-129 petition and submit the forms together. Which, I feel, makes us rather lucky.

Again, thanks for your help Jay-Kay. While we've not ruled out the idea of my partner going ahead to the US if he does get the offer of a job, we would prefer to not be separated for a period of time. I understand that most people on this forum and who apply for the fiancee visa are living in separate countries, my partner and I are very fortunate that we are together in the same country. Long distance, even for a short period of time, would be a new experience to us that we would not welcome (I know, I know - probably a little codependent, right?). My one concern in opening the US bank account and putting some of the assets in there is that the DOHS may see this as fraud, seeing as it's a new bank account. But again, from what you're saying, if we provide a paper trail showing where the money comes from and that it is indeed our money that has existed in our Australian bank accounts for more than six months, then this, I assume, will be fine.

However, I also feel that I'd rather not stress about wondering if this way of doing things will be accepted or not, and just get his mum to co-sponsor in the first instance, just for piece of mind.

If you want to not stress about it and not have to worry about maybe getting a 221g at the interview, which will delay you, then go ahead and have the co-sponsor's paperwork with you.

Once you get the K-1 and are married in the US, your assets can be added/counted then, for the I-864 for your AOS,

[Boiler 45,658]

If you want to not stress about it and not have to worry about maybe getting a 221g at the interview, which will delay you, then go ahead and have the co-sponsor's paperwork with you.

Once you get the K-1 and are married in the US, your assets can be added/counted then, for the I-864 for your AOS,

Seconded