Affidavit of Support...

[Beermann]

Anyone in the know of what to do here, I would greatly be appreciative of your help. I'm in China now waiting for our P4... I haven't been working this year and I've been in China most of the time. I do not qualify and getting a co-sponsor from here would be a nightmare, so we would like to have my wife qualify herself as the beneficiary. What do we need to do? What are the requirements for her? I think she can qualify as she has quite a bit saved and owns her realestate in Shanghai free and clear. Thank you!

[castaway109]

From what I have read....your wife could be a millionaire and supposedly it does not matter...it is your income alone that they base their judgment on.

[david_dawei]

This is most interesting and I have wanted to see someone attempt this.. although, personally, I don't generally have a good feeling.. maybe they just won't ask for a I-134... but the employment letter will also be lacking income...

 

Here are some references you can look at... I would be inclined to call and ask someone. I recall on VJ that people are frequently calling USCIS or DOS about I-864 issues (which my links are for anyway).. although in the end, the VO will decide...

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

7. Does a sponsor need to show proof of current employment?

 

A sponsor is not required to be employed, so long as the sponsor's income from sources other than employment, or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size. However, it is anticipated that in most cases the sponsor will need to be employed and show proof of employment to meet the income requirements.

 

13. If the sponsored immigrant qualifies as a household member or dependent, do they need to sign the I-864A?

 

A sponsored immigrant household member only needs to submit an I-864A if his or her income will be used to support his or her accompanying spouse and/or children. If there are no accompanying family members, the sponsored immigrant does not complete the I-864A. The sponsored immigrant does not need to complete an I-864A for his or her assets to be included on the affidavit of support.

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/info/info_1328.html

 

May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?

 

Yes. The sponsor counts his/her income first. Next he/she counts the personal assets and/or the income and assets of household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met, the affidavit would be "sufficient."

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.

 

What can be used as assets?

 

Assets can be savings, stocks, bonds and property. They must be easily converted to cash.

 

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 these conditions:

?The assets must be readily convertible to cash within 12 months

?The applicant must show that he/she can take the money or assets out of the country where they are located. Many countries have strict regulations which limit the amount of cash or liquid assets that can be taken out of the country

?The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.

Edited December 8, 2005 by DavidZixuan (see edit history)

[frank1538]

There is very little guidance out there on the I-134, so most people use the guidance for the I-864 which is much more detailed and restrictive. The thinking is that if it would pass muster for I-864 purposes, it would also pass muster for I-134 purposes.

 

The guidance on the I-864 suggests that the income of the sponsored applicant can be used if the applicant meets the residency requirements (living in the sponsor's residence for at least the previous 6 months).

 

The guidance also suggests that the assets of the sponsored applicant can be used, apparently without having to meet the residency requirements.

 

Here is one link that discusses this: http://www.immigrationlinks.com/news/news214.htm

 

This may be one instance where the question might better be posed to USCONGUZ.

[jtaylo69]

Warning: This is just a third party's view and thoughs. How you percieve this is up to you. Use this info at your own risk.

 

If what I am reading is correct, and she owns her own business, Has her Own money, There may be a way around this. BUT, this method would require her to have the Ultimate Trust in you.

 

If you have a Bank account in the USA, try & get your bank & Her bank to except wire transfers from hers to yours. Then, either have hre transfer any amount (under the 6,000 usd mark into your account, about every 3 weeks)

 

Also, you can send a western union to say, a family member back in the states (under the 1,200 usd) once a week. Once they get it, have them deposit it into your account

 

when you get ready to come back to the states, you can bring back with you, up to 10,000 USD (in RMB) but I suggest keeping it about the 5 grand mark.(Divide it up in diferent suitcases with the bulk of it in you carry ons. This will help you to stay under the radar.

 

The goal here is to get you above the 125% poverty level. (Which you may have to explain to her)

 

 

Here is what we did:

 

Each week, (weather I was there or not) she'd transfer about 6,000USD into an account that I had set up just for her

 

Every 2 weeks, She would then wire some more via western Union, and I would then send her some (around a grand & a half) All the while, the bulk of her stock pile was being increased here.

 

Each time I came back from visiting with her, I would bring back a large carry on (you have to think this one through) in the cases we would put about 8 grand worth in each of them (Mixed with coins, notes, etc) Some were bundled, others were not. If we had breakables we were carrying back, then we would use the paper money as packing materials

 

Either way, use your head. Think Think Think. Be creative and you can over come the obstical. I do not reccomend this for everyone as not just anyone can pull off that (I'm innocent, I'm a first timer but I am confidant that I know where I am going look & body language)

 

If you have the time, You may want to search for some of my posts from when I first started the process and what & how I managed to get around many of the obsticals (going In & Out of china) Although many of them we honestly & bonifide 1st timer ignorance or innocents, either I was just plain lucky, or a higher up was wathing over me. (Still havent figured that one out yet.)

 

But Like I had said before. Use you head. Be smart, be safe, and when in doubt, question yourself again and again as to what you are about to do. Only go through with it if you 99% sure.

 

Just my 2 cents worth.

 

Good Luck