Affidavit Of Support

[Want2know2]

Hi,
I keep getting different answers on this question so can someone please clarify this for me?
1) Do you need to have a certain amount of cash in you bank account?
2) What is considered the poverty line?
3) Do USIS look into your credit?
4) What is a good idea for proof of support ie; Bank Statement, Home Ownership, Pay check stubs, W-2 (how many years?), Employee Letter ( What needs to be stated on this?)

Thanks for any advice I can get on this:
P.S. Nicole your advice is always great I love to read your answers they are so helpful ...I have not been a member long but do love this site! Keep up the good work to all senior members...

[nichole]

Hi,
I keep getting different answers on this question so can someone please clarify this for me?
1) Do you need to have a certain amount of cash in you bank account?
2) What is considered the poverty line?
3) Do USIS look into your credit?
4) What is a good idea for proof of support ie; Bank Statement, Home Ownership, Pay check stubs, W-2 (how many years?), Employee Letter ( What needs to be stated on this?)

Thanks for any advice I can get on this:
P.S. Nicole your advice is always great I love to read your answers they are so helpful ...I have not been a member long but do love this site! Keep up the good work to all senior members...

Well I could hardly pass this one up after the nice comment. Thanks.

I get my info from USCIS based sources. I read the adjudicator's field manual and memos designed to clarify issues. This website doesn't allow links, so I can't put you through to the source. Sorry about that. There is good information on your questions at travel.state.gov under visa>immigrant.

1) Do you need to have a certain amount of cash in you bank account?
Your income from a job is enough if it's 125% of the poverty limit. If you need assets to make up a difference, then bank accounts and other assets may be used. Assets must be 5 times the difference you are trying to make up. If you were $2000 short of the poverty level with your salary, then you need five times the shortfall in assets...thats $10,000 in cash savings, stocks, property, etc. If you don't need assets to satisfy the requirement, then don't even list them. I didn't. If you are very close and want to look better, then show a hefty bank account. If you've got practically nothing in savings, then that wouldn't do your case much good. Show things that help you.

2) What is considered the poverty line?
There is an official form published each year called the I-864P. It lists the poverty limits for the year. 2010 is not published yet, so anything signed and filed before that will go by the 2009 limits, even if the interview comes after the new poverty guidelines are in place.

3) Do USIS look into your credit?
No

4) What is a good idea for proof of support ie; Bank Statement, Home Ownership, Pay check stubs, W-2 (how many years?), Employee Letter ( What needs to be stated on this?)
My personal preference if salary would qualify you:

Complete tax return. Complete means all the forms in your particular return (1040, Schedule B, Schedule D, etc. Not everybody has the same). PLUS the W-2s that go with that return. It's what would be mailed in to the IRS to file on paper. Make sure it's signed. One year is required. Send 3 if the others look good and would help your case. Tax transcripts are free from the IRS and are stand alone documents and take the place of the income tax forms and W2s. You can phone of fax in your request.

Pay stubs--6 most recent if it's the I-864 Affidavit for the green card. Maybe 3 if it's the I-134 Affidavit for the visa.

Letter from employer--Should be on business letterhead. State your position; if it's full time, permanent or hours per week; your salary (or a good estimate if it varies because of commissions or something); and maybe how long you've been employed. The full time/permanent statement is to distinguish you from someone who only has a weekend job on a seasonal basis.

Showing your asset statements is optional unless you need them to qualify.

Disclaimer: The things I have listed are in the immigration laws. But if it's for a visa at a foreign consulate, they may have their own local quirky interpretation of what that interviewing officer thinks is appropriate to show. Maybe the Phils wants to see evidence of bank accounts and home ownership because that is impressive to them. It is a subjective decision by the interviewing officer. If you took a load of stuff to London, they would keep the tax return and letter from employer and hand you back everything else...even before the interviewing officer sees you. So you might get some better insight if you asked people who have gone through the same consulate as you will.

[izzy339]

I thought the W2 was only required if you (the sponsor) are self employed? am I wrong?? my Fiance has a letter from his place of work but that is all he has provided me with when it comes to his employment?
Question 7 on the I-134 it says "I derive ab annual income of:...(if self employed, I have attached a copy of my last income tax return) but nothing saying you have to include this if you are employed by someone else?
Do I actually need to get more evidence from him now? my interview is scheduled for Feb

[AdamA]

When to file affadavit of support and backup info

Hi all ~

Filing a K1 visa and feel like I have a good handle on it from your site, USCIS and a friend who has completed the process successfully.

My friend included his Affadivit of support and supporting documents with his initial filing. However, reading the USCIS instructions for Form 129F, and the sample letter from this site, those items aren't mentioned.

I tried calling USCIS Support line (800) 375-5283 which says representatives are available, but no option I tried got me to them...0 is just a recording...Anyone have a better #?

Are they meant to be filed later? If so, how and when?

Thanks!

Adam

[nichole]

Izzy, the things I listed were stated as "my personal preferences." I know London likes to see tax returns but anything that can show the proper income can work for the I-134. In a few months, you will file for AOS and the Affidavit of Support (I-864) for that does require tax returns.

And to clarify your statement: I thought the W2 was only required if you...
A W2 is nothing by itself. Tax forms are nothing by themselves. They go together to make the complete tax return. I only emphasize this because during AOS, people who submit only the tax forms or only the W2, normally get a request for evidence saying they did not submit the proper documents. Then their case is suspended until the complete tax return is sent.

* * * *
Adam A, There's sorta 3 parts to the process and several government agencies.

1. The US citizen files a petition (I-129F) with USCIS just to verify that he qualifies to bring a fiance to the US and marry. They check out the requirements of having met in person, free to marry, etc. There is nothing about financial support to get a petition approved. When approved USCIS hands off the approved petition to an Embassy via the National Visa Center.
2. The foreign fiance applies for a K1 visa at her nearest US Embassy. This falls under the Department of State. Forms DS230, DS156, DS156K, DS157. The only thing the USC supplies at this stage is his Affidavit of Support I-134 and supporting financial proofs. Normally that is taken by the applicant to her visa interview for the officer to review. Once visa is issued by Dept of State...
3. Fiance enters the US and marries. She applies for Adjustment of Status back with USCIS in her new name. New husband again sponsors her with a new Affidavit of Support I-864 and proofs of finances. (Remember this isn't the same agency that approved the visa, so new everything) She is approved and gets a green card and is a conditional permanent resident of the US for two years.

There are fees to pay for each of the three parts. And to get the 10 year permanent green card, more forms and $$ two years down the road.

[leporello]

USCIS phone#

Hi all ~

Filing a K1 visa and feel like I have a good handle on it from your site, USCIS and a friend who has completed the process successfully.

My friend included his Affadivit of support and supporting documents with his initial filing. However, reading the USCIS instructions for Form 129F, and the sample letter from this site, those items aren't mentioned.

I tried calling USCIS Support line (800) 375-5283 which says representatives are available, but no option I tried got me to them...0 is just a recording...Anyone have a better #?

Are they meant to be filed later? If so, how and when?

Thanks!

Adam

Call 800-375-5283. To bypass all the long menu prompts, press 1-1-2-1-1-1 when you hear their greeting and you will get sent to a live person
Information provided a few months ago by WOODGER, a senior memeber

But I doubt that anyone there will be more useful to you than Nicole who has answered your question already.

[nichole]

I want to make a correction to something I posted above:

1) Do you need to have a certain amount of cash in you bank account?
Your income from a job is enough if it's 125% of the poverty limit. If you need assets to make up a difference, then bank accounts and other assets may be used. Assets must be 5 times the difference you are trying to make up. If you were $2000 short of the poverty level with your salary, then you need five times the shortfall in assets...thats $10,000 in cash savings, stocks, property, etc. If you don't need assets to satisfy the requirement, then don't even list them. I didn't. If you are very close and want to look better, then show a hefty bank account. If you've got practically nothing in savings, then that wouldn't do your case much good. Show things that help you.

The assets 5 times the shortfall in income is for adjustment of status and the I-864 Affidavit of Support. I believe for the K visa and I-134 Affidavit of Support, the assets can be just 3 times the shortfall. I think the instructions for each form details that, but I'm too lazy to look it up right now.

[izzy339]

[QUOTE=nichole;188840]Izzy, the things I listed were stated as "my personal preferences." I know London likes to see tax returns but anything that can show the proper income can work for the I-134. In a few months, you will file for AOS and the Affidavit of Support (I-864) for that does require tax returns.

And to clarify your statement: I thought the W2 was only required if you...
A W2 is nothing by itself. Tax forms are nothing by themselves. They go together to make the complete tax return. I only emphasize this because during AOS, people who submit only the tax forms or only the W2, normally get a request for evidence saying they did not submit the proper documents. Then their case is suspended until the complete tax return is sent.



Nichole, as always, thank you for the invaluable information (advice) you have given, I have spoken to my fiance and he will fed-ex a copy of his tax return for me......Izzy
* * * *

[nichole]

The tax return forms with w2 forms can be photocopies. He could scan and email them to you. Or if he happened to use TurboTax, they tax forms are saved as pdf files. (well mine are). He could email the pdf file and you could print it.

[Want2know2]

Time frame for whole process & Do Lawyers get fast results?

Thanks Nichole for all your help your the best
Next question:
1) Do lawyers get fast results when they file for you?
2) While waiting for I-129F how long does it take for everything? (In the USCIS it states 5 months)
3) But is this just for the approval process and then another 5 months for interview, medical exam and process at consulate in the country for the person your filing for? If your approved. I'm in USA and fiance is in Morocco.

[nichole]

Thanks Nichole for all your help your the best
Next question:
1) Do lawyers get fast results when they file for you?
2) While waiting for I-129F how long does it take for everything? (In the USCIS it states 5 months)
3) But is this just for the approval process and then another 5 months for interview, medical exam and process at consulate in the country for the person your filing for? If your approved. I'm in USA and fiance is in Morocco.

Lawyers don't get to cut in line. They have no higher level of access with the USCIS than a do-it-yourselfer. To read my personal opinion of using a lawyer, see this recent post (the last half.) http://immihelp.com/forum/showpost.p...23&postcount=2

Time? Right now approval at USCIS is taking about 3 months for a K1 petition approval. Their website dates are the worst case scenarios and represent the oldest cases they have but not the norm. Then the case goes to the foreign consulate. Sometime there is a security check wait of weeks/months before it is passed to the consulate. Most cases pass through in a few days.

The individual consulates vary so much in time that I can't really speculate. It depends on how long it takes your fiance to gather all the documents she/he needs and submit the application forms. Some consulates let you schedule your own interview appointment. Others make you wait until they get around to contacting you which could be at least a month. Then you submit forms and wait again another month for an interview. I believe Casablanca gives you an appointment and you take the application forms with you instead of mailing in first, so that could go faster.

The problems with Morocco, are cases are often held up for small things. They drag their feet on every issue and often add on extra "administrative review." It is probably because there are so many sad stories from American women who are duped, that the US is extra careful in approving cases from Morocco. So very often, it is an older American woman who wants to marry a young Moroccan in his 20s. She is so happy and ignores warnings because she knows her love is real. Then when the guy finally arrives, he takes off once he gets his green card and disappears to waiting friends or family. It's common. I read personal accounts on another forum. But those going through the process are a great encouraging community with much hope in their hearts. Often those interviews are very tough, and take extra time for approval, probably because of so much visa fraud . Same with Nigeria.

[Want2know2]

Thanks Nichole for all your support and help ... now I have a better understanding of this process... will keep you posted as time goes by

[Want2know2]

Refund of fees

Hi,
Is there any way of getting fees refunded back from USCIS? What happen is when I 1st filed for the I129F I wrote a check for the amount of 455.00 which was ok when I sent the check but I forgot got to write a transaction in my registry which caused this check to bounce. So I get a notice from the finance department stating that I have x amount of days you sent the correct amount of 485.00 455.00 + 30.00 (overdraft fee). So I sent them a cashiers check but by mail with only tracking delivery conformation and the check got to them 1 day late. So I called to ask what will happen now and The customer service person in finance told me that everything will be sent back to me also I got an email stating the same thing. Well that did not happen so I called to talk with a supervisor and some rude tired sounding lady comes on the phone and tells me that I have to file everything over again and that they will not return anything, No refund or paperwork, I explain to her what the lady in finance told me but she just stated the same thing again, so I asked why would she tell me this if it's untrue and why would they send me a email stating the same thing? She just said I will have to refile every thing again with another 455.00 fee and that I will get a letter in the mail stating this. Which I did get the letter a few days later in the mail. So is there no way to get refund of 1st money sent?

[nichole]

I have never heard of overdraft fees from the USCIS or a finance department if that's what you're saying. The examples that I know of are when something is wrong with the payment (wrong amount, forgot to sign check) the USCIS sends the whole application packet back along with the incorrect check. The petitioners have to get the money correct and mail money and petition back to them.

I don't know anything about bounced checks. Has the money come out of your bank account? Just because they have checks from you doesn't mean they cashed them or got payment from them.

What you've done is a good example to people that ask "how long will this process take?" The faster reported times are for people who are extremely careful and don't make any mistakes on their money sent or the paperwork needed. You've already delayed your case probably close to a month at just the starting gate. There's other steps to the process that require preparing more paperwork or ordering documents. If you plan ahead then you are only waiting on the US government to make a decision and not causing your own delay. Be very, very diligent if you are going to tackle this process yourself.

Next steps to be thinking about for 3 months from now--providing Affidavit of Support with tax returns or ordering tax transcripts, getting letter from employer, saving pay slips etc. Fiance getting a police certificate and birth certificate and immunizations if available. Stay on top of it.

[Want2know2]

Thanks Nichole again for all your wonderful answers Yes, your right this did delay my case because I had to refile all over again which took time. So I have learned my lesson on that! I just thought it was unfair that they get to keep the first money which was 455.00 + 30.00 = 485.00 total for the bounced check, but because The form I had to fill out & return with my payment information on it, it arrived a day after the due date they gave me to correct it they get to keep the money. I paid by my check /debit card and yes they withdrew the funds from my bank account. (correction on my last post that I sent a cashiers check - I sent cashiers check 2nd time) But I'm not going to worry about this like you said Nichole it was a real lesson learned and a costly one too.
Nichole your right and yes I'm staying on top of it now from this last experience. I have all tax papers w-2, 1040 and pay stubs. I still have to get the letter from my employer that's all. We are just waiting to hear from USCIS it's been 2 months now. Should I worry or no news is good news???