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Financial Affidavit: Difference between Asset and Income

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Filed: Timeline

Hello everyone,

First off, I am John :) I just joined the forum. Very happy to be here. I have been visiting this site ever since I first filed for my wife. Now the I-130 is approved NVC has taken over the case.

After reading several threads on financial affidavit, I am very confused.

Is there a difference between "Income" (Question 24 on Form I-864) and "Asset"(Question 26 on Form I-864)? In otherwords, say if i do not have a savings (Asset) of over $16500*, can I use my income as a backup to qualify?

Ok, may be I should give an example; say I have an income of $70,000 and a savings of just $5,000, can I still qualify? Or should I have an "Asset" (Savings) of over $16500* (House hold size = 2), as per the 125% rule, to qualify?

Several threads implied that I should have an "Asset" (Not income) of over $16500 (House hold size = 2) to qualify. Other threads are giving me the impression that my salary (Income) should be above $16500 (Holly and Brett thread for example).

Thank you in advance for your help regarding this topic.

John

Footnote

* http://www.visapro.com/Immigration-Articles/?a=394&z=64

Edited by JTM123

Timeline:

I-130 was send on Jan 29th

I-130 approved on Jun 19th

AOS Fee Bill / DS3032 send to me on Jul 16th.

AOS Fee Bill send to NVC on Jul 23rd

DS3032 (choice of agent email send to NVC) Jul 27th

DS3032 Accepted and Processed (notified via email) - Aug 10th

NVC instructed to download I864 Financial Affidavit (from website) fill it and send it in - Aug 10th

I864EZ Send out to NVC - Aug 23rd

IV Bill arrived at my address (generated Aug 13th) - Aug 25th

IV Bill Send to NVC - Aug 28th

Instructions to send in DS-230 Part I - Sep 28th

DS-230 Part I/supporting docs send - Oct 10th

DS-230 Part I - accepted

Letter received noting that Visa documents send to Embassy

Medical done : Jan 05, 2008 @ Chennai

Interview on Jan 08, 2008

VISA APPROVED - Jan 08, 2008. Thank God!

Jan 17, 2008 - Arrived in USA :)

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Filed: K-1 Visa Country: China
Timeline
Hello everyone,

First off, I am John :) I just joined the forum. Very happy to be here. I have been visiting this site ever since I first filed for my wife. Now the I-130 is approved NVC has taken over the case.

After reading several threads on financial affidavit, I am very confused.

Is there a difference between "Income" (Question 24 on Form I-864) and "Asset"(Question 26 on Form I-864)? In otherwords, say if i do not have a savings (Asset) of over $16500*, can I use my income as a backup to qualify?

Ok, may be I should give an example; say I have an income of $70,000 and a savings of just $5,000, can I still qualify? Or should I have an "Asset" (Savings) of over $16500* (House hold size = 2), as per the 125% rule, to qualify?

Several threads implied that I should have an "Asset" (Not income) of over $16500 (House hold size = 2) to qualify. Other threads are giving me the impression that my salary (Income) should be above $16500 (Holly and Brett thread for example).

Thank you in advance for your help regarding this topic.

John

Footnote

* http://www.visapro.com/Immigration-Articles/?a=394&z=64

John -

There are two ways you can qualify for an Affidavit of Support. Most people file an Affidavit of Support based on income. To qualify you must make 125% above the poverty level. The $16,500 figure you have is wrong. For the year 2007 the amount must be $17,113. Here is the latest government link where you can get that information.

http://travel.state.gov/visa/immigrants/info/info_1327.html

The second way you can qualify for an Affidavit of Support is based on assets rather than income. In my case I had to use this instead of income because I was unemployed at the time I prepared my Affidavit of Support. With no income, I needed to file an Affidavit of Support based on assets with a value 5 times above the $17,113 level or a minimum of $85,565. In my case the equity in my house alone was well above the minimum level. Here is the latest government link to that information.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Here's the direct quote from the link.

What Cash Value of Assets is Needed?

To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.

For example, a petitioner/sponsor with a household size of four and an income of $18,000 would need assets equal to five times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level. He/she would also need to show evidence of mortgages, liens, and liabilities against the assets.

If your income is above the $17,113 minimum you can file an Affidavit of Support based on income alone. If you don't have enough income you can use assets to make up the difference, but assets only count 1/5 the value of income. I hope the links and above information will clear it up for you.

10-17-2006. I-129F filed.

10-19-2006. NOA1

01-25-2007. NOA2

02-12-2007. NVC notification saying petition is approved.

05-11-2007. Packet 3 received.

05-14-2007. Packet 3 forms sent.

06-16-2007. Packet 4 received.

07-03-2007. Medical examination.

07-10-2007. Interview. Passed!!!!

07-12-2007. Received visa.

07-18-2007. Applied for Marriage License.

08-04-2007. Fan arrives in the United States.

08-08-2007. Married.

08-24-2007. Applications for AOS, EAD, and Advance Parole.

08-30-2007. NOA for AOS.

09-07-2007. Applied for SSN.

09-18-2007. NOA for EAD and Advance Parole.

09-20-2007. Received SS card.

10-05-2007. Received appointment date for biometrics.

10-23-2007. Received Advance Parole.

11-02-2007. Biometrics.

11-06-2007. AOS transfered to CSC.

11-07-2007. EAD approved.

11-16-2007. EAD card received.

12-06-2007. AOS approved.

12-14-2007. Green Card Received in mail.

09-05-2009. I-751, Petition to Remove Conditions on Residence sent.

09-16-2009. NOA and biometrics appointment received.

10-13-2009. Biometrics.

10-26-2009. USCIS email. Approved. Card production ordered.

10-29-2009. Approval notice, dated 10-26, arrives in mail.

11-02-2009. Green Card arrives in mail.

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Filed: Timeline

ahh. ok :) i got it now. so you can use either income or asset (say one doesn't have a job but enough wealth). thanks :)

Timeline:

I-130 was send on Jan 29th

I-130 approved on Jun 19th

AOS Fee Bill / DS3032 send to me on Jul 16th.

AOS Fee Bill send to NVC on Jul 23rd

DS3032 (choice of agent email send to NVC) Jul 27th

DS3032 Accepted and Processed (notified via email) - Aug 10th

NVC instructed to download I864 Financial Affidavit (from website) fill it and send it in - Aug 10th

I864EZ Send out to NVC - Aug 23rd

IV Bill arrived at my address (generated Aug 13th) - Aug 25th

IV Bill Send to NVC - Aug 28th

Instructions to send in DS-230 Part I - Sep 28th

DS-230 Part I/supporting docs send - Oct 10th

DS-230 Part I - accepted

Letter received noting that Visa documents send to Embassy

Medical done : Jan 05, 2008 @ Chennai

Interview on Jan 08, 2008

VISA APPROVED - Jan 08, 2008. Thank God!

Jan 17, 2008 - Arrived in USA :)

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Filed: Timeline

JTM,

Sounds like you need to read the instructions and detailed instructions than come with the I-864. Your questions are answered there.

Yodrak

Hello everyone,

First off, I am John I just joined the forum. Very happy to be here. I have been visiting this site ever since I first filed for my wife. Now the I-130 is approved NVC has taken over the case.

After reading several threads on financial affidavit, I am very confused.

Is there a difference between "Income" (Question 24 on Form I-864) and "Asset"(Question 26 on Form I-864)? In otherwords, say if i do not have a savings (Asset) of over $16500*, can I use my income as a backup to qualify?

Ok, may be I should give an example; say I have an income of $70,000 and a savings of just $5,000, can I still qualify? Or should I have an "Asset" (Savings) of over $16500* (House hold size = 2), as per the 125% rule, to qualify?

Several threads implied that I should have an "Asset" (Not income) of over $16500 (House hold size = 2) to qualify. Other threads are giving me the impression that my salary (Income) should be above $16500 (Holly and Brett thread for example).

Thank you in advance for your help regarding this topic.

John

Footnote

* http://www.visapro.com/Immigration-Articles/?a=394&z=64

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