I-864 Affidavit of Support Help

[leothelion 2]

Hello,

I need some help in preparing the I-864.

I want to use assets *only* to satisfy the minimum income requirements.

But 90% of my assets is in 3 accounts (2 Roth IRAs, and 1 regular IRA), about $300,000.

Together they are about 13 times poverty level.

I am a retired person in 2015.

Withdrawals from the two Roth IRAs subject to no penalty of any kind, and no income tax.

Withdrawals from the one regular IRA also subject to no penalty (old enough), but yes income tax.

Only cash in those accts, very liquid, induce no financial hardship upon withdrawals at all.

2014 I am self-employed, and hard to prove my income.

QUESTION: Can I just show the retirement accts bank statements, and last 3 tax transcripts (2014, 2013, 2012), no other attachments, and that's it, will it fly?

[Ryan H 3,899]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[RandyW 149]

The I-864 is simply a financial statement - the Visa Officers are obligated BY LAW to look beyond the information on that document to the to determine whether your wife might become a public charge. See http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Simply having enough money in the bank (or an IRA) to buy a Lamborghini is NOT an indication of financial responsibility.

This is from the INA - it definitely applies at the Consulate (Dept. of State) as well.

Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

• Age
• Health
• Family status
• Assets
• Resources
• Financial status
• Education and skills

I would suggest you make it clear what your PRESENT income is based on. - if your 2014 income is continuing, if it's simply IRA withdrawals, or what. If you are drawing (or plan to draw in the near future) SS benefits, by all means include that.

Don't worry about "proving" your income - you need to TELL them what it is, along with AVAILABLE supporting evidence.

Time and again, people find that "Enough" on the I-864 is not ENOUGH when it comes to getting the visa.

If you can easily get someone to co-sponsor the application, that might be the simplest way to avoid any problems with the support issue.

[leothelion 2]

> Simply having enough money in the bank (or an IRA) to buy a Lamborghini is NOT an indication of financial responsibility.

So W-2 is an indication of financial responsibility ?