Affidavit of support requirements

[jvoorhees]

I was doing some research into the Visa process so that I would be prepared when my relationship with my novia develops to point where I am ready to become engaged.  I came across the Affidavit of Support and had some questions.
 
Does anyone know what criteria they are looking for here mostly?  What are their red flags that they would deny over?  If you made a good income, would there be anything else that may cause them to deny?
 
I read something on VisaJourney about having a letter from an employer.  I work as a contractor and change employers every 1 to two years.  Would this be a problem?  Would it be worth taking a smaller salary at a permanent job at the same company through this process?

Thanks all for the feedback!

[Zon]

What about providing assets to the woman to make her candidacy stronger?   The purchase of some houses can cost only 10K.  What is the threshold of examining the woman's wealth, rather than only relying on the husband as a sponsor?

[Researcher]

  Hey Jman, no need to change jobs or make any major changes just for this.VJ has a good guideline to follow and some great tips.Remember with this visa stuff you are putting together a "package", not just filing out an application.The Affidavit of support is only a part of the package.

   I would think your tax returns carry more weight than letter from employer.Just get a letter from the employer you have at the time and don't worry about it.The main thing is to be honest and give them what they ask for, nothing more, nothing less and you will be fine.

   I have done this process twice and had very few issues come up.

   Researcher

[thekfc]

The main purpose of the AOS is to show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.

The main criterias that they are looking for are as per the USCIS:
1. You must be the sponsor
2. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. 
3. If your income is not sufficent - then a joint sponsor.
4. You must also be at least 18 years old.
5. Must be  a U.S. citizen or a permanent resident.
6. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.
 
Other member could give you more detailed info.

[riley]

   You can find generic information anywhere on the internet but it is good to have somebody that has gone through the process to help.I have a friend who married a Colombian woman and he is more than willing to share his experiences. Good question Jvoorhees. I am here to learn also. Can you recommend a good source on the web for this info?

[fathertime]

Hey Voorhees! 


I'd punch up the member "WilliamIII" he is a lawyer for immigration.  He will be able to give you very accurate information.  In addition I found his fee for the entire visa process was very reasonable and I had no stress during the process.  I've noticed that about 1/2 of the members that do this visa process on their own suffer some sort of delay because something gets fouled up.  To me it was worth the extra cash to not have that happen.


Fathertime!

[Dan]

I was doing some research into the Visa process so that I would be prepared when my relationship with my novia develops to point where I am ready to become engaged.  I came across the Affidavit of Support and had some questions.
 
Does anyone know what criteria they are looking for here mostly?  What are their red flags that they would deny over?  If you made a good income, would there be anything else that may cause them to deny?
 
I read something on VisaJourney about having a letter from an employer.  I work as a contractor and change employers every 1 to two years.  Would this be a problem?  Would it be worth taking a smaller salary at a permanent job at the same company through this process?

Thanks all for the feedback!

First up - are you inquiring about the I-134 or I-864 (both are entitled 'Affidavit of Support')?

It is no longer common for the embassy/consulate to require the I-134, but since you are asking about this in the context of your fiance and an engagement, I suspect that is the one you are asking about.

During the Adjustment of Status process - which occurs AFTER she immigrates here and you marry - you will THEN need to file an I-864. USCIS information found here -- http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD.

You can see more about the 'flow' of the fiance visa and/or marriage process at this link -- http://www.planet-love.com/index.php?action=ezportal;sa=page;p=27

In any case, the primary purpose of the Affidavit of Support is to ensure that an immigrant does not become a public charge (welfare and such), and seeks to insure that the sponsor has sufficient commitment and resources to prevent that.

Please be aware there are an increasing number of cases across the country in which divorce proceedings give consideration to a filed Affidavit of Support - even though its intent at the time of filing was entirely different.

Bottom line on this (like most things) - the government is expecting that you are your fiance are serious about marrying and building a life together. So long as you are sincere about that, you should simply complete the forms as requested and you will be fine.

I hope this helps.

- Dan

[Ray]

Good questions j…
　
The most important thing they are looking for is a steady income from full time employment that meets or exceeds the poverty lever guidelines.
　
Yes, a letter from your present employer stating your employment status, length of employment, and current salary is requested if you are regularly employed.
　
If you are an independent contractor or are self-employed, then you should be prepared to provide some solid evidence of your income including copies of your most recent 3 years tax returns.
　
The affidavit of support is not filed with your visa petition package, but is presented by your fiancée/spouse at the time of her visa interview in the foreign consulate. As Dan mentioned, there are significant differences between the two affidavits and what income is required. For a fiancée visa, the I-134 affidavit is generally asked for and you are required to meet an income level equal to 100% of the poverty level guidelines published annually by the government. For a spouse immigrant visa (married overseas), you will need to submit the I-864 affidavit and generally meet a minimum income level of 125% of the poverty level.
　
Her financial assets may be included in some cases, but you should consider your personal income as the prime-determining factor. Other factors to be considered are her general physical and mental health , her education/earning potential, and any other factors that could affect her possibility of becoming a public charge in the US.
　
For more details, go the USCIS Web site and download and study Forms I-134 with instructions, I-864 with instructions, and Form I-864P for starters.
　
Ray
　
　

[Bob_S]

What about providing assets to the woman to make her candidacy stronger?   The purchase of some houses can cost only 10K.  What is the threshold of examining the woman's wealth, rather than only relying on the husband as a sponsor?

For the affidavit of support, it is the combined assets.  It doesn't matter whose assets you are using.  For example, I married my wife in her country.  When we started filing her paperwork, I was between jobs, so had no income.  So we had to use our combined assets (me: 401k, a couple cars, stuff in storage; her: savings account) to meet the minimum assets requirement.