Jump to content
Dan91422

Which Affidavit of Support Form Should I File?

12 posts in this topic

Recommended Posts

Hi everyone! I had a quick question in regards to which of the many affidavit of support forms I should provide the NVC with. I don't meet the minimum income for sponsorship, I will be using my father as my joint sponsor for my wife. That being said, I am not sure if I should be filing just form I-864, if I should file form I-864 along with form I-864A , or simply just form I-864A since these two forms technically apply to me based on the chart provided by the Department of State - where I don't meet the minimum required income for sponsorship and I will have a joint sponsor (my father) but I'm also using a household member to meet the minimum required income (again, my father - I am currently living with him and he has put me as a dependent when filing his taxes up until I got married). In addition, my father files his taxes jointly with my mother. Below I have attached the chart that the Department of State provides for petitioners when determining which affidavit of support they should file. Many thanks!! 

Screen Shot 2020-10-14 at 8.54.17 AM.png

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

You:  I-864

Your father as a joint sponsor:  I-864

Your mother as a household member of your father:  I-864A


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
31 minutes ago, Ryan H said:

You:  I-864

Your father as a joint sponsor:  I-864

Your mother as a household member of your father:  I-864A

Which is very clear from the instructions you  quoted.  Now is the time to become an A-Student of those instructions.  Read carefully, interpret literally, and answer accurately.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
On 10/18/2020 at 6:39 AM, pushbrk said:

Which is very clear from the instructions you  quoted.  Now is the time to become an A-Student of those instructions.  Read carefully, interpret literally, and answer accurately.

I will kindly ask for one more advice of yours. We just noticed that the last tax return shows that my dad lacks $ 4 000 to meet the minimum income to file as a joint sponsor (as he also has 4 more dependents). Although he has recently changed his job and his "current annual income" is expected to be way much better, the NVC will probably look  on the last taxes filed, right?

Is it possible in that case to use my dad as a household member, so that my and my father's income would be combined? And what shall we do with my mom? Should she file anything too in that case (as they file taxes jointly) or at least write a letter stating she is ok with my dad helping us financially? 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
12 minutes ago, Dan91422 said:

I will kindly ask for one more advice of yours. We just noticed that the last tax return shows that my dad lacks $ 4 000 to meet the minimum income to file as a joint sponsor (as he also has 4 more dependents). Although he has recently changed his job and his "current annual income" is expected to be way much better, the NVC will probably look  on the last taxes filed, right?

Is it possible in that case to use my dad as a household member, so that my and my father's income would be combined? And what shall we do with my mom? Should she file anything too in that case (as they file taxes jointly) or at least write a letter stating she is ok with my dad helping us financially? 

Depends.  Current income is KING.  Current income comes from a pay stub or employer letter, not a tax return.  (Unless self employed).  I would stick with my initial advice.  NVC may send you a letter saying a Consular Officer will make the decision but you already know that.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
8 minutes ago, pushbrk said:

Depends.  Current income is KING.  Current income comes from a pay stub or employer letter, not a tax return.  (Unless self employed).  I would stick with my initial advice.  NVC may send you a letter saying a Consular Officer will make the decision but you already know that.

thank you very much for the response!

 

NVC may send you a letter saying a Consular Officer will make the decision but you already know that. - that's why we want to make it the best way to avoid any surprises at the interview.

 

okay, in that case, do you think our best bet would be ...? :
I file I-864
my dad files I-864 (as a joint sponsor)

my mom files I-864a 
+ we add a bank statement which proves that my dad has $19 000 of his personal savings to cover this $4 000 gap

Or is there any other solution that is more reliable?

 

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
13 hours ago, Dan91422 said:

thank you very much for the response!

 

NVC may send you a letter saying a Consular Officer will make the decision but you already know that. - that's why we want to make it the best way to avoid any surprises at the interview.

 

okay, in that case, do you think our best bet would be ...? :
I file I-864
my dad files I-864 (as a joint sponsor)

my mom files I-864a 
+ we add a bank statement which proves that my dad has $19 000 of his personal savings to cover this $4 000 gap

Or is there any other solution that is more reliable?

 

AND, provide a pay stub as evidence of his current income.  STATE his current income as the gross income from that pay stub X the number of pay periods in a full year.  That way his CURRENT INCOME will clearly be enough to qualify.  It is not important to avoid that note from NVC.  It's important that you provide evidence of his actual CURRENT INCOME, and take the 2020 tax return to the interview.

 


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
On 11/1/2020 at 2:37 PM, pushbrk said:

AND, provide a pay stub as evidence of his current income.  STATE his current income as the gross income from that pay stub X the number of pay periods in a full year.  That way his CURRENT INCOME will clearly be enough to qualify.  It is not important to avoid that note from NVC.  It's important that you provide evidence of his actual CURRENT INCOME, and take the 2020 tax return to the interview.

 

hello again! We did everything the way you told us and we got DQ today!!! (the next day after submission O_O )

However, we also got the note which says:


No sponsors meet the minimum income requirement to sponsor the intending immigrants for this case. .... 


According to what we have discussed here before, the CURRENT INCOME of my DAD is fine + plus we put the assets mentioned before; (he is our Joint Sponsor)
but 

my taxes were obviously insufficient (that's why we used my dad)

my dad's previous taxes were $4 000 insufficient,
my mom filed I-864a (unemployed, but filed the form, as they file taxes together with my dad)

What can we do in this situation? Of course my wife will take my and my dad's latest pay stubs to the interview. But don't know if that will be enough. I am sure you have encountered situations similar to ours, OR HAVE ANY GOOD ADVICE OF YOURS. We are in panic a bit

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline
2 minutes ago, Dan91422 said:

hello again! We did everything the way you told us and we got DQ today!!! (the next day after submission O_O )

However, we also got the note which says:


No sponsors meet the minimum income requirement to sponsor the intending immigrants for this case. .... 


According to what we have discussed here before, the CURRENT INCOME of my DAD is fine + plus we put the assets mentioned before; (he is our Joint Sponsor)
but 

my taxes were obviously insufficient (that's why we used my dad)

my dad's previous taxes were $4 000 insufficient,
my mom filed I-864a (unemployed, but filed the form, as they file taxes together with my dad)

What can we do in this situation? Of course my wife will take my and my dad's latest pay stubs to the interview. But don't know if that will be enough. I am sure you have encountered situations similar to ours, OR HAVE ANY GOOD ADVICE OF YOURS. We are in panic a bit

Note what comes after the .... of your quote.  It says a Consular Officer will make the decision.  Just ignore the notice and let the officer do his job at interview.  Take a copy of Dad's latest pay stub to the interview.  You would get the same notice even if you were showing a  million in liquid asset.  Carry on.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
1 minute ago, pushbrk said:

Note what comes after the .... of your quote.  It says a Consular Officer will make the decision.  Just ignore the notice and let the officer do his job at interview.  Take a copy of Dad's latest pay stub to the interview.  You would get the same notice even if you were showing a  million in liquid asset.  Carry on.

You are the best person ever! thank you very much!

I will keep this thread up-to-date, so other members know how it went at the interview. Thank you again!!!

Share this post


Link to post
Share on other sites
On 11/6/2020 at 2:45 AM, pushbrk said:

Note what comes after the .... of your quote.  It says a Consular Officer will make the decision.  Just ignore the notice and let the officer do his job at interview.  Take a copy of Dad's latest pay stub to the interview.  You would get the same notice even if you were showing a  million in liquid asset.  Carry on.

Hello! Just a short, but very positive update :) we already had our interview and everything went smooth. We had some updated financial documents in case a consular would ask for them, but she didn't even mention them. In terms of which affidavit of support documents to provide NVC with, we went along with the advice you gave us and had my husband's father as the joint sponsor and his mother as a household member of my husband's father. It all worked out perfectly. Thanks again for your help and good luck to everyone else!:)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...