I-864—Mixing US-based and foreign assets

[danielswatkins 1]

Hey VJers,

My wife and I just got our NOA2 (thanks, Nebraska!) and are moving on to the I-864, Affidavit of Support. I've seen a few answers on using foreign assets to meet the Federal Poverty Guideline, but no one quite with our specific case.

With our incomes, we don't meet the 125% requirement. Because it's spouse-based, we know we need to meet 3* (Federal Poverty Guideline – Income), so, we're using our liquid assets to meet the requirement. Jointly, between US and UK bank accounts, we more than meet the requirement.

However, I've just seen on the FAQ section here that foreign assets are calculated at 5* (FPG – Income), not 3.

Maybe I'm being dense, but I don't understand how that works? If our US-based assets need to total 3*(FPG–Y), but our foreign-based assets need to total 5*(FGP–Y)... How do we use them both? From the way the form is constructed, it looks like we can use both the Petitioner's and the Beneficiary's assets to meet the income requirement, right? But how does that work if the income requirement changes depending on whose assets are used? Both our assets combined => 3*(FPG–Y), but < 5*(FGP–Y). I am stumped trying to work out how to work this out...

Thanks for your help!

D

[aaa2zzz 27]

That section is confusing. If you look at the instructions to the form,and this USCIS memorandum, it appears clear that it is 3 times, not 5 times, regardless of the locations of the assets.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf