Need some input on Affidavit of Support

[mycase17 114]

Hello,

I have recently filed I-864 Affidavit of support for my Wife after I-130 approval and it's in NVC for processing. Now a while back ago I had told one of my close friend and his wife that I will be their sponsor and that had put my name. Now their interview is on August 9, 2021. They are coming in DV lottery visa and interview is on US embassy in Nepal and I have to fill out I-134 Affidavit of support form. 

 

Will submitting I-134 for them impact my wife's case that is stuck in NVC for processing? Any advise would be appreciated. 

Edited July 23, 2021 by mycase17

[payxibka 10,045]

39 minutes ago, mycase17 said:

Hello,

I have recently filed I-864 Affidavit of support for my Wife after I-130 approval and it's in NVC for processing. Now a while back ago I had told one of my close friend and his wife that I will be their sponsor and that had put my name. Now their interview is on August 9, 2021. They are coming in DV lottery visa and interview is on US embassy in Nepal and I have to fill out I-134 Affidavit of support form. 

 

Will submitting I-134 for them impact my wife's case that is stuck in NVC for processing? Any advise would be appreciated. 

Interesting, for DV the i134 is not the proper affidavit.  Are you sure?  It should be the i864.

[mycase17 114]

10 minutes ago, payxibka said:

Interesting, for DV the i134 is not the proper affidavit.  Are you sure?  It should be the i864.

Yes it is I-134. I-134 is the affidavit of support for temporary(non-immigrant visa) whereas I-864 is for permanent (immigrant visa). 

[payxibka 10,045]

12 minutes ago, mycase17 said:

Yes it is I-134. I-134 is the affidavit of support for temporary(non-immigrant visa) whereas I-864 is for permanent (immigrant visa). 

Hate to burst your bubble,  but DV is an immigrant visa.

[mycase17 114]

8 minutes ago, payxibka said:

Hate to burst your bubble,  but DV is an immigrant visa.

Okay but will it be okay to file both affidavit of support and will it impact my wife's application at later stage? My friend and his wife should be done in August 9. 

[payxibka 10,045]

Just now, mycase17 said:

Okay but will it be okay to file both affidavit of support and will it impact my wife's application at later stage? My friend and his wife should be done in August 9. 

Its ok if you have sufficient income.  Your sponsored house size will increase by two on your wife's I-864.  

[mycase17 114]

3 minutes ago, payxibka said:

Its ok if you have sufficient income.  Your sponsored house size will increase by two on your wife's I-864.  

Income wise I should be fine. And I already submitted my I-864 for my wife and it's on NVC for processing. 

[payxibka 10,045]

1 minute ago, mycase17 said:

Income wise I should be fine. And I already submitted my I-864 for my wife and it's on NVC for processing. 

But by the time she has her interview,  it will have changed materially and would need to be updated 

[JeanneAdil 6,555]

https://www.nolo.com/legal-encyclopedia/do-lottery-visa-winners-need-affidavit-of-support-with-green-card-application.html

 

Financial Documents Required of Lottery Winners

The good news is, unlike family visa applicants, Diversity Visa Lottery ("DV Lottery") winners do not need to file an I-864 Affidavit of Support in order to apply for permanent residence.

They will nevertheless need to demonstrate to U.S Citizenship and Immigration Services (USCIS) or the Department of State (DOS) that they will not become a public charge (rely on public assistance benefits) during their time in the United States. The ways to do this include:

• demonstrating that you have or will have sufficient income (based on an existing job or a job offer) plus other assets, to support yourself once you are granted permanent residence, or
• having a friend or relative who has legal status in the U.S. complete Form I-134, Affidavit of Support and agree to sponsor you during your time in the United States. For more information on this, see Filling Out Form I-134, Affidavit of Support to Help a U.S. Visa Applicant.

[mycase17 114]

1 minute ago, JeanneAdil said:

https://www.nolo.com/legal-encyclopedia/do-lottery-visa-winners-need-affidavit-of-support-with-green-card-application.html

 

Financial Documents Required of Lottery Winners

The good news is, unlike family visa applicants, Diversity Visa Lottery ("DV Lottery") winners do not need to file an I-864 Affidavit of Support in order to apply for permanent residence.

They will nevertheless need to demonstrate to U.S Citizenship and Immigration Services (USCIS) or the Department of State (DOS) that they will not become a public charge (rely on public assistance benefits) during their time in the United States. The ways to do this include:

• demonstrating that you have or will have sufficient income (based on an existing job or a job offer) plus other assets, to support yourself once you are granted permanent residence, or
• having a friend or relative who has legal status in the U.S. complete Form I-134, Affidavit of Support and agree to sponsor you during your time in the United States. For more information on this, see Filling Out Form I-134, Affidavit of Support to Help a U.S. Visa Applicant.

So do you think it will impact my wife's I-864 that is in NVC for processing? 

[JeanneAdil 6,555]

1 minute ago, mycase17 said:

So do you think it will impact my wife's I-864 that is in NVC for processing? 

you need to know you can afford to sponsor both AOS documents for these people

we have no idea "how many" and "your income"

you can consult a local attorney for a small fee to find out what is involved 

[HRQX 4,145]

11 hours ago, payxibka said:

It should be the i864.

Not for DV. https://fam.state.gov/fam/09FAM/09FAM050206.html "Public Charge: While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them. Although DV applicants are not required to submit the I-864, consular officers must nevertheless apply a thorough "totality of the circumstances” analysis for possible public charge in all DV cases. See 9 FAM 302.8 for guidance on public charge."

 

Also see Form I-134 instructions: https://www.uscis.gov/sites/default/files/document/forms/i-134instr.pdf "Form I-134 may be used in any case in which the foreign national is inadmissible on public charge grounds, but in which he or she is not required to have Form I-864 filed on his or her behalf."

 

11 hours ago, payxibka said:

Your sponsored house size will increase by two on your wife's I-864.  

8 minutes ago, Letspaintcookies said:

She'll have to bring a new affidavit to the interview showing that you sponsor 3 people in total.

Nope. In the I-864 for his wife he will only sponsor his wife. #6 of Part 5 explicitly states to only include those already sponsored on I-864 or I-864EZ that are now LPRs.

Edited July 24, 2021 by HRQX

[Letspaintcookies 2,310]

10 hours ago, mycase17 said:

So do you think it will impact my wife's I-864 that is in NVC for processing? 

She'll have to bring a new affidavit to the interview showing that you sponsor 3 people in total. If you make enough money to be still above the poverty line you should be fine. It will not impact her case that you sponsor more than just her. The only impact would be if you're not or barely making the minimum amount. 

[Letspaintcookies 2,310]

9 minutes ago, HRQX said:

Nope. In the I-864 for his wife he will only sponsor his wife. #6 of Part 5 explicitly states to only include those already sponsored on I-864 or I-864EZ that are now LPRs.

I see. Well OP got lucky then 😁

[Ryan H 3,813]

Moved from Progress Reports to Process & Procedures.