Exception to Affidavit of support

[carioca36 0]

Hi there,

I'm a foreigner national and my wife a US citizen, born and raised. For the past 3 years we've been living in Brazil and my wife has not worked during this period. I've been the supporting her over this period

She didn't adapt to the country and we're moving to US. Last week we received the I 130 approved and now I guess it's time for the affidavit. Here is where I think we trouble. She simply hasn't earned anything for the past 3 years and she doesn't have assets above the minimum required to replace a income source.

However, I do have assets that well over exceed that minimum. Not only that, I do have those assets in a US bank, on a US bank account, invested on US funds, not abroad but in US.

Is there anyway I can use those to prove that really I won't be burden to the social security and I do have the means to take care of myself???

Thanks in advance

[mja7997 0]

I had a similar question. I hope you don't mind me following in case someone responds. My husband is the immigrant and we live in Panama on his income. I still have a US bank account but the funds are very small.

[pushbrk 13,663]

Hi there,

I'm a foreigner national and my wife a US citizen, born and raised. For the past 3 years we've been living in Brazil and my wife has not worked during this period. I've been the supporting her over this period

She didn't adapt to the country and we're moving to US. Last week we received the I 130 approved and now I guess it's time for the affidavit. Here is where I think we trouble. She simply hasn't earned anything for the past 3 years and she doesn't have assets above the minimum required to replace a income source.

However, I do have assets that well over exceed that minimum. Not only that, I do have those assets in a US bank, on a US bank account, invested on US funds, not abroad but in US.

Is there anyway I can use those to prove that really I won't be burden to the social security and I do have the means to take care of myself???

Thanks in advance

If you have well over three dollars in liquid assets for every dollar of income needed to qualify, then you're golden. Read the I-864 instructions. They explain how to use the intending immigrant's assets to qualify.

[NikLR 13,234]

I think if you use the intending immigrant's assets they must be 5x.

[pushbrk 13,663]

I think if you use the intending immigrant's assets they must be 5x.

That would be correct for any relative except the spouse of a US citizen. For all intents and purposes (in this context) the foreign spouse's assets (particularly when in US accounts already) are considered as if they are joint assets. The petitioner is still the sponsor, but is "using" the immigrating spouse's assets to qualify. 5X is better, of course, but not a requirement. It's always a judgment call based on the totality of circumstances unless the only circumstance that matters is that income or assets are UNDER the minimum.

Edited May 5, 2014 by pushbrk

[NikLR 13,234]

You're right pushbrk, I misread that section. Thank you.

[carioca36 0]

Thanks so much, pushbkr!