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I-864 affidavit of support advice - assets only & future employment, when to file
Hi everyone,
I need advice from you all please
I've done lots of reading on the forums and have a relatively good grasp of the issues below, but no concrete answers regarding our specific case (well, as concrete as you can get in this process...). If everything goes to the rough standard timeframes, we will be getting married in mid-February (K-1 for me, UK citizen) and then filing for AOS immediately after (we can get marriage cert copies same day
My fiancé is currently working part-time in retail. Last month he earned around $1000. If we project his salary that puts his income at $12,000. We were planning on filing with this income and making up the difference in assets. Between us we have 5x the poverty level (I know we only need 3x) in 'liquid' cash (savings, bank accounts), but about 4/5ths of that is mine (the beneficiary). Mainly in a UK savings account. A total of $24k USD of our joint cash is in Canadian dollars - we both worked there last year.
Therefore we are fine meeting the poverty requirements with his relatively low income and our relatively large assets, with wiggle room, but I am concerned that they are mainly mine, plus the fact that he will be leaving his current job soon (more below).
He has, however, just accepted a job on Saipan paying 2x the 125% poverty level (US commonwealth, US immigration laws apply, USCIS offices there, so no issues with me getting biometrics and interviews done or going there). Obviously this removes the need for any co-sponsors, use of assets, etc., BUT he only starts April. If we wait until then to file, it would delay my EAD and AP by around 2 months than if we file upon my arrival. I would really like to avoid this because I have the option to work soon after I get there. It's not just about income - being stranded on a teeny (very teeny!) island with no ability to work or travel will get old pretty quickly. Therefore it is more important to me to get EAD and AP as soon as I can than if we were on the mainland.
Our dilemma therefore arises around when to file for AOS, and specifically the risk in using assets which are mainly mine and the fact that he will be leaving his current job for the new one. I know that future employment has no weight towards meeting poverty levels, but surely it would support our case to include the accepted offer with salary?
So I have several questions:
1. Is there a possibility of being denied/RFE'd for using assets that are mainly in my name? Is filing with $12k income and the rest as my assets a 'weak' case?
2. How exactly/what exactly do we put for his current income, given that he is part time with flexible hours dependent on demand for shifts (he works retail)?
3. What should the letter from his employer look like, given the above
4. Is it an issue that our case will clearly show that he is about to leave his current job (be it for a higher paying one)? If so, should we just not mention the new one?
5. Should we consider filing with JUST assets? Can't find much on this
6. Is it an issue that my savings are in a UK bank account? I cannot find anything about limits on how much I could transfer from the UK to the US, but almost certain I could do it all in one go. I don't want to move them unless I absolutely have to because they are in an ISA and exchange rates aren't brilliant.
We have the option of involving his mother as a co-sponsor but we would really rather not unless it's essential. I see lots of people using a co-sponsor as a 'just in case they don't accept our assets' -why on earth they wouldn't accept assets when they state that you can use them is beyond me
Looking forward to what everyone has to say and thanks in advance for the help
I need advice from you all please
I've done lots of reading on the forums and have a relatively good grasp of the issues below, but no concrete answers regarding our specific case (well, as concrete as you can get in this process...). If everything goes to the rough standard timeframes, we will be getting married in mid-February (K-1 for me, UK citizen) and then filing for AOS immediately after (we can get marriage cert copies same dayMy fiancé is currently working part-time in retail. Last month he earned around $1000. If we project his salary that puts his income at $12,000. We were planning on filing with this income and making up the difference in assets. Between us we have 5x the poverty level (I know we only need 3x) in 'liquid' cash (savings, bank accounts), but about 4/5ths of that is mine (the beneficiary). Mainly in a UK savings account. A total of $24k USD of our joint cash is in Canadian dollars - we both worked there last year.
Therefore we are fine meeting the poverty requirements with his relatively low income and our relatively large assets, with wiggle room, but I am concerned that they are mainly mine, plus the fact that he will be leaving his current job soon (more below).
He has, however, just accepted a job on Saipan paying 2x the 125% poverty level (US commonwealth, US immigration laws apply, USCIS offices there, so no issues with me getting biometrics and interviews done or going there). Obviously this removes the need for any co-sponsors, use of assets, etc., BUT he only starts April. If we wait until then to file, it would delay my EAD and AP by around 2 months than if we file upon my arrival. I would really like to avoid this because I have the option to work soon after I get there. It's not just about income - being stranded on a teeny (very teeny!) island with no ability to work or travel will get old pretty quickly. Therefore it is more important to me to get EAD and AP as soon as I can than if we were on the mainland.
Our dilemma therefore arises around when to file for AOS, and specifically the risk in using assets which are mainly mine and the fact that he will be leaving his current job for the new one. I know that future employment has no weight towards meeting poverty levels, but surely it would support our case to include the accepted offer with salary?
So I have several questions:
1. Is there a possibility of being denied/RFE'd for using assets that are mainly in my name? Is filing with $12k income and the rest as my assets a 'weak' case?
2. How exactly/what exactly do we put for his current income, given that he is part time with flexible hours dependent on demand for shifts (he works retail)?
3. What should the letter from his employer look like, given the above
4. Is it an issue that our case will clearly show that he is about to leave his current job (be it for a higher paying one)? If so, should we just not mention the new one?
5. Should we consider filing with JUST assets? Can't find much on this
6. Is it an issue that my savings are in a UK bank account? I cannot find anything about limits on how much I could transfer from the UK to the US, but almost certain I could do it all in one go. I don't want to move them unless I absolutely have to because they are in an ISA and exchange rates aren't brilliant.
We have the option of involving his mother as a co-sponsor but we would really rather not unless it's essential. I see lots of people using a co-sponsor as a 'just in case they don't accept our assets' -why on earth they wouldn't accept assets when they state that you can use them is beyond me
Looking forward to what everyone has to say and thanks in advance for the help
