Affidavit of Support (AOS)

[Brittani 484]

When we apply for AOS and fill out the i-864 I have a concern. I'm the sponsor and I'll be supporting 4 members in my household only 1 immigrant being my soon to be husband. The 125% poverty guideline $30,375 and I make a little over $28,000 according to my most recent tax return however when we apply for AOS I'll have just over $18,000 in my savings account (I've been saving to buy a home with him once he has a job for 3 years now). Also my oldest daughter is from a previous marriage and he pays $598 a month in child support. I honestly don't want to include that as my income because I've heard that can have a negative outcome. Has anyone ever heard of them denying someone in this case? I know I have plenty of savings to support us if need be but I'm concerned they'll deny him because my actual income doesn't meet the poverty guidelines.

[geowrian 22,337]

The $28k in income plus $18k in savings meets the minimum requirements for the I-864. The $18k in savings is equivalent to $6k in income given the 3x multiplier for a spouse.

As such, you're probably fine so long as you properly document the income and assets. The IO makes the decision on the public charge concern based on the totality of the circumstances.

 

Income from a qualified relative in the household (via an I-864A agreement) can be included fine. The relative must be living in the same residence as the sponsor.

Documentation for child support is necessary to show that not only is it ordered, but it's actually being consistently paid.

[Brittani 484]

1 minute ago, geowrian said:

The $28k in income plus $18k in savings meets the minimum requirements for the I-864. The $18k in savings is equivalent to $6k in income given the 3x multiplier for a spouse.

As such, you're probably fine so long as you properly document the income and assets. The IO makes the decision on the public charge concern based on the totality of the circumstances.

 

Income from a qualified relative in the household (via an I-864A agreement) can be included fine. The relative must be living in the same residence as the sponsor.

Documentation for child support is necessary to show that not only is it ordered, but it's actually being consistently paid.

Can I ask what you mean by properly document the income and assets? Do you mean showing pay stubs, text returns, and a letter from the bank showing what I have? Just want to make sure I'm not forgetting anything.

[geowrian 22,337]

Just now, Brittani said:

Can I ask what you mean by properly document the income and assets? Do you mean showing pay stubs, text returns, and a letter from the bank showing what I have? Just want to make sure I'm not forgetting anything.

For income from an employer, pay stubs + an employment letter is suggested.

For a bank account, I would show bank statements (even up to a year back)...IOs can be wary of somebody taking out a loan or having a friend or family member place a lump sum of money into the account just to meet the requirements then have it returned. So they like to see that the money has been in your possession for a fair period of time.

At least the most recent year's tax return (transcript is simplest: https://www.irs.gov/individuals/get-transcript) is required either way.

[Brittani 484]

Thanks!