PetrUA

In 2012 we bough Honda Civic for my wife, and got 0.9% financing for 5 years. That credit line with on-time payments was part of our credit score strategy, along with credit cards, furniture loan, windows loan and mortgage.

With that said, 5% interest is probably more than you should be paying just for building the credit history, I would suggest finding a 0-1% loan for that purpose.

We are checking our scores via CreditKarma, and after we did the last payment this month the score has dropped by about 10 points after the credit line was paid off.

Hope this helps.

Thank you for such an encouraging reply.

Just to clarify, here is my major concern:

If we file application for mom, while having a pending application for dad, can it screw things up for any or both of them? Let's say, a form DS-260 that we need to submit for dad as a next steps asks to list all family members who are immigrating. Should my mom be listed, even though she technically goes through another immigration process outside of that application?

On the other side, when we will be filing paperwork for her, it will have the same question - other family members immigrating with you, and should my father be listed there even though he is going through Department of State and US consulate in Ukraine?

Thank you for all your help.

Let's say she is visiting.

Yes, I am a citizen. 

Thank you.

Hello dear VisaJournet forum members,

After having successfully gone through the immigration process for myself, I am asking for your help in my parents case.

I have filed an application for family based greencard for my father who is currently residing in Ukraine. We got to the point where our case was sent to the department of state, and we have appointed an agent (form 261). From what I understand in a few steps he will be interviewed and then issued a visa to become a permanent resident.

However, right now my mom is visiting us and helping with a baby. She came as a visitor in mid-November, and is scheduled to depart in May at the end of 6 month permitted entry for visitors.

We want her to stay, and I am considering to file i-485 Adjustment of Status immediately to have her status changed without having to leave the US.

I am concerned to go through two different processes, and I wanted to know if someone happened to be in the similar situation. Form DS-260 asks to list all family members that are immigrating, should she be listed? Should it be mentioned somewhere that there is another application being processed at the same time?

Any help would be appreciated.

Thank you.

My wife and I had an interview on April 4th 2012. We have filed all the paperwork, you can read about it in more detail on previous pages of this topic.

We brought a ton of papers and photos, our marriage certificate, bank statements etc. We both brought letters of employment showing our sufficient income.

The lady interviewing us was very nice and friendly. My wife went in first, it took her about 10-15 minutes, then I came in and just answered a few questions about our relationship and my job.

Then she took away my EAD card and told me that we have been approved, so I won't need it anymore.

Many thanks to everyone who provided me with answers and ideas. Good luck to those who is on their way.

Hi Cantik,

I see no reason for you not to plan a trip to certain country and on certain date, get the documents and then change your plans. As for the explanation it can be anything from vacation to business trip.

As far as I understand, you can file this form and get that Advance Parole card, you'll never know when you may need or want to go somewhere. In my case I got my EAD card with notice that it serves as Advance Parole. It had my country of birth "Unknown", which worried me a lot until I've read on this blessed forum that it is common. And then it was taken away from me during the interview, and I got my GC in 4 days.

However, if you decide not to file I-131, you should be able to proceed with the process anyway. But you would end up in trouble if you leave the US before getting your papers straight.

Hi PertUA,..... I in d same condition as u at d moment. Your post is so useful for me. Thank 4 sharing it in d forum. I have question regarding form I-131. Hopefully my question get answered . I'm not planning to travel outside USA any soon. But according to the USCIS Customer Care I need to submit form I-131 which is included on the Adjusment package. My question are: 1. What date should I put in part where they ask me about my planning to travel. 2. What should I put for an explanation showing circumstances that warrant issuance of an Advance Parole?

Thank you

Alright, so I have some news, decided to update the topic, hope it would be helpful for folks like myself.

On February 2nd me and my wife have filed the following set of documents and forms:

1. Form I-864 Affidavit of Support

2. W2 and Individual income tax returns for 2009, 2010 and 2011

3. Documentation of assets.

We have also provided a cover letter with our details and math:

//cover letter start

Following is a breakdown of the calculation I used to determine my ability to meet the income requirement for a household size of two, using my income as stated on my 2011 Tax Returns, and assets.

A. Income requirement according to the poverty guidelines for the household of 2 members - $18,387

B. Sponsor’s 2011 income (2011 Tax Returns) - $6,412

C. Requirement (A) less Income (B) = Difference - $11,975

According to the form I-864 instructions, page 9, section 29 – “However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.”

D. Difference © x 3 = Required value of assets - $35,925

E. Value of assets in Bank of America deposit accounts - $44,083

H. Value of asset (E) less Required value of assets (D) - $8,158

Figure H shows that the assets in bank are more than enough to meet the asset requirement and supplement my income.

Documentation of assets includes the deposit accounts details in Bank of America. Two accounts are used to supplement my income:

1. Bank of America checking account, account balance is $4,058; I transferred cash on February 2nd, please see the transaction history enclosed.

2. Bank of America checking account registered on my spouse’s name with his assets transferred from Ukraine, account balance is $40,025. The origin of these assets is confirmed by Ukrainian bank statements and account details for the period 2010 – 2011. These funds are based on savings made during his life in his country of origin.

I believe wholeheartedly that we will be able to maintain our standard of living in the US without recourse to public funds. I will get my college degree in April 2012 and my spouse is a computer systems specialist who gets job offers all the time and the only issue that prevents him from being able to support our family is the lack of work authorization.

I do hope the information I have provided in this letter will assist you. Should you require any further documentation, please do not hesitate to ask.

//cover letter end

On March 5th I have received a USPS Priority Mail with my EAD\AP card. We have an interview scheduled for April 4th 2012.

I would really appreciate any comments or suggestions regarding the interview and things to keep in mind.

Thanks!

I had the same issue, my country of birth is Ukraine, and a week ago I have finally received my EAD/AP card with "Unknown" instead of my motherland. I called USCIS and asked if this is an issue, they have recorded the case, assigned a number and told me that they will reach out in 5-15 days. Today I have received an email saying that I can return the card and wait for a new one, but I'm not going to do that unless it will be an issue for employers.

We also have an I-485 interview scheduled for April 4th, and it seems that I will need to bring my EAD card, so we'll see how it goes.

Please provide information if someone experienced any problems with this typo.

Lawyer is stupid. You are right. No I-864A needed for you, who is the spouse of the sponsor and the only immigrant. You add your info onto your wife's I-864.

Got it, thank you for the prompt reply!

I am using assets on my bank account in US to assist my sponsoring wife in getting over the 125% threshold.

I had a conversation with a lawyer and he told me that it is a must to file I-864a as well as the I-864 filed by my wife-sponsor, as it will be a contract between her - the sponsor and myself - the household member.

But in the form I-864 instructions it is explicitly said:

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

So the question is unclear and what should we do? File only I-864 or file I-864a as well? Can there be a problem if we were to file I-864a and it was not needed?

I feel like filing both just in case, but would really appreciate your opinion on that.

Thank you!

Unfortunately, the OP has already received an RFE, which means that if their response is not adequate USCIS will deny their application. Better to use a co-sponsor to be on the safe side, as RFEs don't usually get second chances and refiling or reopening will be both costly and time consuming.

Hi ceadsearc,

The request was for I-864 itself, so I hope they will give me some time if they find our income + assets to be insufficient. I will talk to lawyer about my case, we are also looking for a sponsor, but it is not that easy.

As your wife is, well, your wife the amount is $13,000x3 (not 5) = $39K. Your parents depositing money won't work. They need to see that the money is yours and not just put in account to overcome the poverty requirements.

Your income can't be used either sorry. You will need someone else, a friend or family member to co-sponsor.

Hi Vanessa&Tony,

Thanks for your reply, it is really valuable.

I had another conversation with USCIS, but they were unable to determine if we are meeting I-864 requirements, the answer was "send us all you've got and hope for the better".

I'd like to explain our action plan in more detail, hope to get any feedback from you.

1. Assets to bridge the gap

My parents and I have joint savings account, my share there is about $10,000, and we have the account history for about 5 years (so it will be clear that this money has not been stolen, loaned etc.). My parents made us a wedding gift, and the total amount on my new savings account will be about $40,000 to bridge the gap. So it will be a new account on my name, and I plan to show the origin of the assets by providing account statements from our mutual savings account.

2. Employment and my income to bridge the gap

My current employer would be able to provide an employment letter stating that I will be employed in US after the immigration, and my income would be sufficient to meet 125% poverty guideline requirement.

I am going to send both evidences - assets + income.

What do you think about that? What is the likelihood of success?

Thanks!

Hi ceadsearc,

I should admit that I'm not sure who was the second person talking to us, so I guess we'll just call them back, thanks for the hint!

And another question - I've read on this blessed forum, that if we are using assets to ensure sufficient support for a spouse (me) of US citizen (my wife), then the multiplier is x3, not x5. It makes sense considering that spouse of US citizen is eligible to apply for citizenship after 3 years of marriage.

It would be great to confirm this and get a link to some official source of information about that.

Thanks!

http://travel.state.gov/visa/immigrants/info/info_3183.html#2

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

The assets must be convertible to cash within 12 months

The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country

The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

Hello, I wanted to follow up on this thread as I have the similar situation.

I am going to use my deposit account in Ukrainian bank as an asset to bridge the gap between 125% poverty threshold and my wife's (USC) income.

My question is - what documents do I need to provide to prove that I meet the above mentioned conditions? Would really appreciate if someone who successfully used foreign bank accounts as assets shares the experience.

Thanks!

Thanks to everyone who made any comments in this topic!

We decided to show my bank savings account as assets for I-864 form. In order to make sure we do everything correctly we tried to call the number shown on the Request for Evidence letter that we have received earlier, both ladies we spoke with were nice, but not too helpful, as they were unable to say what kind of documents do we need to provide as a proof of having the needed assets.

So the situation is:

• Need to fill out I-864 Affidavit of Support form
  
• My wife (the petitioner) will not be able to meet 125% of poverty guideline
  
• I am going to use my savings account in the Ukrainian bank as assets to cover the missing amount
  

And the question is

What are the documents that I would need to send to USCIS as a proof that I do have this account with sufficient amount of money on it?

Would really appreciate your thoughts and comments here!

Nancy, thank you for your reply.

On Friday, November 18th, received a letter with a request for i-864 dated November 9th and due in 87 days. It has also said that my I-765 form will be processed within 90 days after providing the missing form.

My wife made her last year tax return statement and it is about $5500, the missing amount is $13,000*5 = $65,000. My parents might be able to help me here and make a bank account in the Ukrainian bank with the needed money.

Will it work as an affidavit of support? What are the details to keep in mind?

The other option with employment - I've read that my income can be considered if I can prove that I'll keep the same source of income after the immigration. My company may be willing to help me out. What kind of proof do they need to provide? Would it be sufficient to provide a letter explaining that I will be employed in the American company right after I receive my work permit and make enough for us both to meet 125% threshold?

Would really appreciate any thought and comments, thanks!

I had a biometrics appointment today scheduled for 11:00 AM, the whole procedure took about 30 minutes. Now I'll be waiting for their next mail. Meanwhile, it would be great to get any kind of feedback regarding my previous 2 questions. Thank you in advance!

You have to be careful with your mom's situation, since as far as I understand, the obligations for sponsor are valid for 5 years, i.e. she will have to show your siblings as her dependants, thus increasing household size.

Thank you ceadsearc!

I've got another challenging question, please let me know your opinion!

Instructions for Form I-864 show that my income can be considered if I can provide the proof that my source of income remains after the immigration. However, at this moment I am officially employed in the Ukrainian office of my company.

Q1. Can I show my income that I get in Ukraine to meet 125% of Poverty Guidelines?

Q2. Let's assume that my Ukrainian income doesn't count. In theory, I can arrange my relocation to US office, so I would be able to show the needed amount. BUT I don't have a work permit, as I have just filed all the papers, and my I-765 is still being processed. With that being said, is there a way for me to add my income to the Affidavit of Support? Can I be officially employed, i.e. get I-765 prior to submitting I-864?

Thank you in advance, this forum is awesome!

Just my 2 cents - from what I've read it appears that your husband should take the exam, not you.

So just do it and send the medical exam papers along with I-485.

The difference in pricing and timing is significant, so it's definitely worth calling all civil surgeons in the area to find the best deal. I had a pleasure to work with Dr. Claude Resil, Brokton, MA, so I recommend anyone in Mass to work with him. I was charged less than other civil surgeons offered, I had my vaccinations within the discussed cost, he even prescribed me meds for my sore throat which had nothing to do with my original purpose of visit. And when I realized that I told him the wrong address, I was able to set up the appointment, get back to him and get a new package of papers within one day and no extra fees for being stupid. God bless you, Doctor!

Update:

On October 28th I got 4 envelopes each containing I-797 for each of 4 forms I've submitted. On November 1st another letter came setting up a biometrics appointment for November 14th.

So far everything is going alright.

However, we are still in the process of figuring out how to meet requirements of I-864 form. So the most important question is how much time will we have to find a sponsor or insufficient cash?

Would really appreciate any feedback about this question, thanks in advance.

Thank you for your comments and suggestions!

Hi,

I'm going through this whole process right now, so I would like to share my experience and make sure I've done everything properly.

Background

I am a citizen of Ukraine. I am employed by the Ukrainian office of American company and came to US for a business trip using B-1 visitor visa on June 1st with expiration date on Form I-94 November 30th 2011. On September 15th I married a US citizen by birth (so we should not be affected by 30-60 days rule).

Package

Whole package was described in a cover letter, see below:

USCIS

131 South Dearborn – 3rd Floor

Chicago, IL

60603-5517

October 21, 2011

Concurrent Filing of I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization) , I-131 (Application for Travel Document)

Petitioner (U.S. Citizen): Petitioner Name and Last Name

Beneficiary (Alien Spouse): Beneficiary Name and Last Name

Dear Sir/ Madam:

Please kindly find enclosed concurrent filing of forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), I-131 (Application for Travel Document).

Contents include:

1. Check in the amount of US$420 for I-130

2. Check in the amount of US$1,070 for I-485

3. Form G1145 E-Notification of application/petition acceptance

4. I-130 Petition For Alien Relative

• Copy of US Citizen’s birth certificate

• Copy of US Citizen’s passport

• Copy of marriage certificate

• G325A signed by US Citizen

• G325A signed by beneficiary

• Passport photo of US Citizen (attached with a paper clip to Form I-130 and signed)

• Passport photo of beneficiary (attached with a paper clip to Form I-130 and signed)

• Evidence of Bona fide Marriage

- Copy of joint bank account information

- Affidavit for Bona Fide Marriage by third party US Citizen

- Copy of rent payments bank account information

- Picture that document relationship and marriage

5. I-485 Application To Register Permanent Residence Or Adjust Status

• Continuation pages for Form I-485

• Copy of Birth Certificate with English translation

• Copy of passport page with nonimmigrant visa

• 2 passport photos of beneficiary (attached with a paper clip to Form I-485 and signed)

• Form I-693 Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)

• G325A signed by beneficiary

• Copy of I-94 Form (front and back)

6. I-765 Application For Employment Document

• 2 passport photos of beneficiary (attached with a paper clip to Form I-765 and signed)

• Copy of passport page with nonimmigrant visa

7. I-131 Application For Travel Document

• Copy of passport page with nonimmigrant visa

• Explanation showing circumstances that warrant issuance of an Advance Parole Document

• 2 passport photos of beneficiary (attached with a paper clip to Form I-131 and signed)

Signature of Petitioner: Date:

Process and actions made

On October 22nd the whole package was sent via US Mail Express Mail to the address shown above. The cost for the whole package was about $18. On Monday using the US Mail tracker I got a confirmation of delivery at 11:00 AM.

On October 27th my wife received 4 email notifications saying that our forms have been received by the USCIS and are forwarded for further processing. It also said that we should receive paper I-797 Notice of Action within next 7-10 days.

Questions

1. When I was filing form I-485 I stated that I had military training during my study in the university. I have added 3 continuation pages explaining the circumstances. How likely is this to affect the process?

2. From what I've realized it is not mandatory to file the Form I-864 Affidavit of Support concurrently with I-485. The Petitioner will be notified when filing of I-864 is required. As at this moment my wife doesn't meet the 125% requirements we will file this form later, in a couple of month. Please confirm or correct.

3. My I-94 expires on November 30. Will I have to leave the country knowing that our adjustment of status papers are being processed?

4. What are the next steps and what should we be concerned about?

I hope this description would be helpful for others. Your comments and suggestions would be highly appreciated.