Affidavit of support - what if I'm unemployed? looking for advice

[czhi]

Hello everyone, there has been so much great advice and commentary in this website, I thought I would post my own question to get some more opinions and suggestions.

 

We had our I-130 approved just last week from Beijing USCIS, and now we are preparing for the interview in Guangzhou. Regarding form i-864 Affidavit of Support, I wonder what people do when the husband, me, is unemployed at the moment and doesn't have a job lined up in the US yet? (I left my job recently and will definitely get another one later, but at the time the interview happens there will be nothing to show as current income) The form says we can use other assets to meet the income requirement. has anyone done that before? Like using the value of our home in China? or using my wife's (Chinese national) bank account? Does that suffice? In the interview has anyone ever been asked where the money in a bank account comes from? how specific are their questions regarding source of money, or do they just need to see that you have money?

 

Thanks so much!

 

Look forward any thoughts on the matter,

 

[Randy W]

Hello everyone, there has been so much great advice and commentary in this website, I thought I would post my own question to get some more opinions and suggestions.

 

We had our I-130 approved just last week from Beijing USCIS, and now we are preparing for the interview in Guangzhou. Regarding form i-864 Affidavit of Support, I wonder what people do when the husband, me, is unemployed at the moment and doesn't have a job lined up in the US yet? (I left my job recently and will definitely get another one later, but at the time the interview happens there will be nothing to show as current income) The form says we can use other assets to meet the income requirement. has anyone done that before? Like using the value of our home in China? or using my wife's (Chinese national) bank account? Does that suffice? In the interview has anyone ever been asked where the money in a bank account comes from? how specific are their questions regarding source of money, or do they just need to see that you have money?

 

Thanks so much!

 

Look forward any thoughts on the matter,

 

 

 

You have a career, no? Unless you've been out of work for a couple of years, your tax returns will show your earnings potential. You might show some evidence of an active job search, including the type of job and expected salary. You say you left your job recently - was that a stateside job, or one in China? If your income from the job was too low, you may need a co-sponsor.

 

I tend to downplay the importance of assets on an Affidavit of Support. They're looking for evidence that you can support your wife in the U.S., not that you have enough money to buy a Lamborghini. The I-864 is only one piece of evidence that they use to determine if your wife may become a public charge.

 

Of course, we can't look over your shoulder to see what evidence you have, but if you're just returning from China, many/most people need to line up a co-sponsor.

[czhi]

Yes, I have a career. I've been working in China for several years. Just recently left a job in Shanghai, and I have 3yrs of healthy IRS returns. that should be good evidence of ability to support wife in the US. Income has been well above the US poverty level, no problems there. I just don't have an income at the moment. And I won't be getting a new job until we move back stateside. getting a co-sponsor is unlikely, so I hope we can count on assets.

 

Thanks!

[warpedbored]

It may be wise to have a cosponsor lined up.Without evidence you can support her ie a job waiting for you it could result in a denial.

[Randy W]

Yes, I have a career. I've been working in China for several years. Just recently left a job in Shanghai, and I have 3yrs of healthy IRS returns. that should be good evidence of ability to support wife in the US. Income has been well above the US poverty level, no problems there. I just don't have an income at the moment. And I won't be getting a new job until we move back stateside. getting a co-sponsor is unlikely, so I hope we can count on assets.

 

Thanks!

 

Carl, is right about the cosponsor, of course. That's the best solution. But in some ways, it's also a little like asking to borrow money from that person, so proceed with caution.

 

Evidence is what you HAVE, so try to emphasize your career and earnings potential. You can still provide evidence of an active job search by searching online sites such as Monster, contacting head hunters in the U.S., networking, etc. I would bet that your three "healthy" tax returns and an active job search will cut the mustard for you. Having enough money in the bank to buy a Lamborghini or other assets you can sell may be nice, but hardly goes to establish responsibility and the ability to support your wife.

 

Others may tell you that satisfying the terms of the I-864 is "enough", but the Visa Officer is required to look at the totality of circumstances BEYOND the I-864 in determining whether your spouse may become a public charge in the U.S.

 

I believe it was a member named Andelu who got an RFE for only having "enough" on his I-864 - you might look up some of his posts.

 

http://candleforlove.com/forums/topic/46328-affidavit-of-support-need-a-co-sponsor/?p=606820

[czhi]

Thanks a lot for all your input. Sounds like I need to reconsider some options including possibly getting a job offer in advance of the interview. Hmmm. Not easy to solve. Thanks again.

[dnoblett]

One more note, about your tax returns, when did you marry?

 

If you married before the end of the tax year, Dec 31, then your filing should be as married, if you filed as single, this will cause trouble at the visa interview.

[czhi]

married 5 yrs ago. Filed jointly. all good. thanks.

[msittig]

An alternative (that I used) to having a job lined up is providing evidence that you're working with a recruiter to find a job.

 

Of course, I also had a co-sponsor.