US Spouse Visa: Form I-864 Affidavit of Support

[doontp]

I have a question regarding Form I-864 Affidavit of Support

I’ve been reading and getting familiar with the US Visa application process for my Thai spouse.

I’ve been living and working as an English teacher in LOS for the past six years. As a result, my annual income ($12,000) has been below the US Federal Poverty Level. I read that if my income is below this level, then assets such as checking/savings accounts, stocks, bonds or property may be considered in determining my financial ability to support my non US Citizen wife.

My annual income was always far above the poverty level prior to me moving to LOS. My US Social Security Statement proves this.

I’ve saved about $15,000 from teaching during my six years of living here. I have a retirement account (IRA) which I contribute to monthly. I own a small plot of land in the US worth about $5,000.

Does anyone think the above listed assets are enough to prove my financial ability to support my non US Citizen wife?

Please share your advice, opinion and/or similar experience. Thank you and kindest regards.

[daboyz1]

I assume since you mention the I-864, you're looking at applying for a CR-1 or IR-1 visa for your wife. The best way to overcome the lack of income is to get a co-sponsor in the U.S. If this is not possible and you need to use assets, I believe the bar is 5 times the poverty level, which is about 100k USD.

More info here:

If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
    • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
• You may count the assets of the relatives you are sponsoring.

Source:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[doontp]

I assume since you mention the I-864, you're looking at applying for a CR-1 or IR-1 visa for your wife. The best way to overcome the lack of income is to get a co-sponsor in the U.S. If this is not possible and you need to use assets, I believe the bar is 5 times the poverty level, which is about 100k USD.

More info here:

If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
    • If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
• You may count the assets of the relatives you are sponsoring.

Source:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Your assumption is correct. Thank you for the info.

What's the difference between a CR-1 and an IR-1 visa?

[doontp]

Never mind, I just found the answer.

CR-1 = married less than 2 yrs

IR-1 = married more than 2 yrs