Affidavit of support questions

[cmh 6]

1. I sponsored my wife. My income as noted in Part 6 item 20 is more than 125% of the poverty guideline for the household size listed in i864p yet my wife received a ‘request for initial evidence’ letter saying it isn’t. I hadn’t included my assets (significantly above requirement) or wive’s income/assets on the i864 (she didn’t want to include) partly as they weren’t required. Confused how the USCIS came to this conclusion. Apparently many others have been in the same boat in terms of the USCIS notifying income is insufficient when it is.
2. Can someone clarify what the affidavit of support would be used for? What’s my financial liability; which situations could cause me to lose money, how much and in what way? If I put forth my significant assets instead of just my income does that mean I could potentially lose more? If my wife and I divorce am I only temporarily liable? If I choose not to sponsor her or use a joint sponsor what are the implications; i.e. will her green card application likely be rejected?

 

[K1visaHopeful 2,662]

8 minutes ago, cmh said:

1. I sponsored my wife. My income as noted in Part 6 item 20 is more than 125% of the poverty guideline for the household size listed in i864p yet my wife received a ‘request for initial evidence’ letter saying it isn’t. I hadn’t included my assets (significantly above requirement) or wive’s income/assets on the i864 (she didn’t want to include) partly as they weren’t required. Confused how the USCIS came to this conclusion. Apparently many others have been in the same boat in terms of the USCIS notifying income is insufficient when it is.
2. Can someone clarify what the affidavit of support would be used for? If your wife would ever become a public charge (receive income assistance), you would be responsible for paying the government back. What’s my financial liability; which situations could cause me to lose money, (there is a list on the actual I864 that states how long your liability is). how much and in what way? If I put forth my significant assets instead of just my income does that mean I could potentially lose more? No If my wife and I divorce am I only temporarily liable? No, divorce does not end the agreement. If I choose not to sponsor her or use a joint sponsor what are the implications; i.e. will her green card application likely be rejected? It wont look good in regards of your bonafide marriage. Ie why would you not be her sponsor if you are her husband and you are happily married?

 

1. Can you fully list the supporting financial documents you sent? You could have sent the incorrect ones...

Edited November 22, 2018 by K1visaHopeful

[CJlove 147]

Yeah, well the good news is that you got an opportunity to correct this now to avoid the fuss later during your interview. I had a SIMILAR experience where my income was sufficient with the USCIS and with NVC, BUT at the interview my hubby was asked to supply an additional sponsor.... 😅 So, like I said, better fix this now than later at the LAST minute. Good luck! 

[Going through 5,668]

59 minutes ago, cmh said:

If I choose not to sponsor her or use a joint sponsor what are the implications; i.e. will her green card application likely be rejected?

Using a joint sponsor is just that---a JOINT sponsor.  You are still the main sponsor of your wife, there's no way around that unless you decide to not file the paperwork at all (and presumably end the marriage).

[cmh 6]

1 hour ago, K1visaHopeful said:

No, divorce does not end the agreement.

What I meant was if we got divorced and afterwards she became a US citizen or left the country the agreement would end.

1 hour ago, K1visaHopeful said:

It wont look good in regards of your bonafide marriage. Ie why would you not be her sponsor if you are her husband and you are happily married?

Of course the marriage is bonafide and we’re happily married but we’re just accounting for circumstances possibly changing. I mean it sounds like the amount I’d owe in a worst case scenario could be in the many thousands of dollars hence my inquiry.

1 hour ago, K1visaHopeful said:

1. Can you fully list the supporting financial documents you sent? You could have sent the incorrect ones...

For the i864 I sent:
- tax return transcripts for last 3 years
- W2 forms for all current employers
- employment verification letter from an employer including hourly salary
- 1099-INT form for last 2 years for one of my banks
- most recent joint account bank statement; don’t think this was related though

34 minutes ago, CJlove said:

Yeah, well the good news is that you got an opportunity to correct this now to avoid the fuss later during your interview. I had a SIMILAR experience where my income was sufficient with the USCIS and with NVC, BUT at the interview my hubby was asked to supply an additional sponsor.... 😅 So, like I said, better fix this now than later at the LAST minute. Good luck! 

Interesting, why do you think your husband was asked for an additional sponsor if your income was sufficient and how long was he given to decide who to use?

15 minutes ago, Going through said:

Using a joint sponsor is just that---a JOINT sponsor.  You are still the main sponsor of your wife, there's no way around that unless you decide to not file the paperwork at all (and presumably end the marriage).

So I assume if I don't sponsor her at all then the green card application will be rejected.

[K1visaHopeful 2,662]

1 minute ago, cmh said:

What I meant was if we got divorced and afterwards she became a US citizen or left the country the agreement would end. 

VJ will not let me upload photos so I cannot take a screen shot of the actual I864 form and the conditions you signed to when you filled it out. 

Its page 6 & 7:

https://www.uscis.gov/i-864

It will tell you when your obligation will and will not end.

 

Of course the marriage is bonafide and we’re happily married but we’re just accounting for circumstances possibly changing. I mean it sounds like the amount I’d owe in a worst case scenario could be in the many thousands of dollars hence my inquiry. You'd be responsible for the amounts she would receive from government assistance for as long as your obligation was valid. If she was entirely dependent on government assistance for many years, then yes, USCIS could sue you for that amount as you did not fulfill your financial obligation to support her.

For the i864 I sent:
- tax return transcripts for last 3 years

did the most recent year exceed the financial poverty guideline for your household size?
- W2 forms for all current employers
- employment verification letter from an employer including hourly salary 

did it include whether you are full time or part time or a projected annual income estimate? Current 6 months worth of paystubs are also helpful as they would show your gross earning right now.
- 1099-INT form for last 2 years for one of my banks
- most recent joint account bank statement; don’t think this was related though

Interesting, why do you think your husband was asked for an additional sponsor if your income was sufficient and how long was he given to decide who to use?

So I assume if I don't sponsor her at all then the green card application will be rejected. Not necessarily but they may ask you why you didnt sponsor her. Not wanting to because you dont want the financial obligation for many years is a huge red flag (and pretty crappy for your wife/ borderline financial abuse if you ask me).

 

[TM92 527]

3 minutes ago, K1visaHopeful said:

Not necessarily but they may ask you why you didnt sponsor her. Not wanting to because you dont want the financial obligation for many years is a huge red flag (and pretty crappy for your wife/ borderline financial abuse if you ask me).

Like @Going through said, OP will still be the main sponsor; OP must still submit an I-864.

[K1visaHopeful 2,662]

Just now, TM92 said:

Like @Going through said, OP will still be the main sponsor; OP must still submit an I-864.

No I totally understand that but just didnt say it because to be honest, the way he has been talking from the get go, his finances are more important than doing what he was obligated to do when he brought his wife here from abroad. 

[Going through 5,668]

29 minutes ago, cmh said:

So I assume if I don't sponsor her at all then the green card application will be rejected.

I'm starting to get the feeling that you're having second thoughts about all of this and trying to find a way out of the previously filed i-864...

 

 

Just a hunch from the way certain statements have been worded by the OP, hopefully there's room for interpretation.

Edited November 22, 2018 by Going through

[cmh 6]

16 hours ago, K1visaHopeful said:

 

I didn’t include paystubs because I have like 100 from the past 6 months due to the nature of my job, and I had an all or nothing mentality. I guess I could include a narrower selection.

[MLJ 1]

i recommend recalculating your income to show it at least meets the minimum poverty guideline of 125% for x number of household.  To be sure, exceed it then attach supporting documents such as your income tax returned filed whithin the last 3 years with supporting w2's and 1099's...your income should show consistency and not major fluctuation to convince uscis that you are able to financially support your wife.  the aos is an agreement that you will be supporting your beneficiary of whatever visa class petition when the beneficiary arrives here, in your case, your wife, so that she doesn't become a public charge.  if ever you 2 divorce later on, you are still bound by this agreement.  aos is for 10 years or until the beneficiary becomes a u.s. citizen.  

 

there is an article in the uscis site that explains how the sponsor becomes liable just in case beneficiary avails of some govt fundings/assistance.  there is a penalty for that...wishing you the best.

[cmh 6]

Based on the rules foreigners such as the intending immigrant’s overseas family can’t sponsor her, but I guess they can transfer assets to her so she could be a joint sponsor of herself. Her relatives who permanently reside here could theoretically sponsor though I doubt any will.

 

The 10-year limit is based on 40 quarters of work so if she doesn’t work much or at all then it could prolong support beyond a decade.

[Lebanese23 303]

On 11/21/2018 at 8:13 PM, cmh said:

1. I sponsored my wife. My income as noted in Part 6 item 20 is more than 125% of the poverty guideline for the household size listed in i864p yet my wife received a ‘request for initial evidence’ letter saying it isn’t. I hadn’t included my assets (significantly above requirement) or wive’s income/assets on the i864 (she didn’t want to include) partly as they weren’t required. Confused how the USCIS came to this conclusion. Apparently many others have been in the same boat in terms of the USCIS notifying income is insufficient when it is.
2. Can someone clarify what the affidavit of support would be used for? What’s my financial liability; which situations could cause me to lose money, how much and in what way? If I put forth my significant assets instead of just my income does that mean I could potentially lose more? If my wife and I divorce am I only temporarily liable? If I choose not to sponsor her or use a joint sponsor what are the implications; i.e. will her green card application likely be rejected?

 

1. What tax forms did you send exactly?  Lots of people are getting RFEs for this because they are sending W2s and copies of their forms(which doesn't prove you filed tax return). But if you sent the IRS transcript(that you print out from the IRS website)

Depends what you sent, might clarify the reason you got an RFE.

 

2. you are responsible for her financially until she works for 40 quarters, becomes a USC, leaves the country or dies, whichever comes first.  you can't escape this financial burden since you are the one who brought her here.

Edited December 10, 2018 by Lebanese23

[cmh 6]

On 12/10/2018 at 3:45 PM, Lebanese23 said:

1. What tax forms did you send exactly?  Lots of people are getting RFEs for this because they are sending W2s and copies of their forms(which doesn't prove you filed tax return). But if you sent the IRS transcript(that you print out from the IRS website)

Depends what you sent, might clarify the reason you got an RFE.

 

2. you are responsible for her financially until she works for 40 quarters, becomes a USC, leaves the country or dies, whichever comes first.  you can't escape this financial burden since you are the one who brought her here.

sent the transcripts originally. anyway sent new materials now so we’ll see what happens