QUESTION

Can I use financials of my father in Affidavit of Support along with my substantial investments for my spouse?

Asked on Oct 15th, 2012 on Immigration - Michigan
More details to this question:
I have filed for my spouse under F2A category in March 2012 at Vermont Service Center. When the file will become current, I have to provide Affidavit of Support. But I am currently not in USA and have no income in USA. Can I use financials of my father in Affidavit of Support along with my substantial investments?
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4 ANSWERS

Rebecca T White
You may use investment assets to satisfy the affidavit of support requirements.
Answered on Oct 18th, 2012 at 2:48 PM

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Family Law Attorney serving Provo, UT at Havens Law, LLC
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In order to qualify as a sponsor of an immigrant, you must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.) If you cannot meet the minimum income requirements using your earned income, you may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. This could include your substantial investments. 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). 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 your investments do not meet the income requirements to be a sponsor, you may want to look at having your father become a joint sponsor of your spouse if he is a citizen or lawful permanent resident of the United States. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.
Answered on Oct 18th, 2012 at 6:47 AM

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Your father would have to be the joint sponsor since your income may not be sufficient. You, as the petitioner, still have to be the primary sponsor. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Oct 16th, 2012 at 6:42 PM

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I hope you have kept enough ties to the US so that you have not jeopardize your own green card and can qualify as a sponsor of the I-864. Your father may help you if he qualifies as a joint sponsor or he is your household member. But do you file US tax returns? You and your father have the same address on tax returns? Also, you can use non-US income for yourself.? You probably need to consult with a good immigration attorney given your circumstances when you come back to the states.? Of course, substantial assets will help.
Answered on Oct 16th, 2012 at 6:40 PM

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