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Specific immigration question regarding financial affidavit of support i-864

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  • Specific immigration question regarding financial affidavit of support i-864

    Hello, specific immigration question regarding the financial affidavit of support i-864:

    Brief Details:
    Husband wishes to sponsor his Wife.
    Wife is not a U.S. citizen, but she lived in the U.S. for 13 consecutive years, and had to return to her home country in August, 2017 to fulfill a two-year home country presence obligation due to a Fulbright scholarship she took from 2004-2006.
    Husband is U.S. citizen currently living in the U.S.
    Husband has been unemployed for 3 years, and is currently a student.

    While Wife lived and worked in the U.S., Wife accumulated approximately $59,000 in savings in her bank account.
    Husband was added to Wife's bank account two months ago.
    Since the bank account was originally opened by Wife, should the $59,000 be listed under Wife's assets or under Husband's assets?
    How negatively would it reflect that Husband has no assets?
    If all money/assets are listed under Wife, and Husband is sponsoring Wife while Husband shows no assets/income, how significant a problem would that be?
    In addition to the $59,000 savings, Wife also earned her 401K in the amount of $28,000.
    Husband is the primary beneficiary of Wife's 401K.
    If her 401K is cashed out/liquified, the amount would be at least $17,000.
    So the bank account money and liquified 401K would total at least $76,000.
    Would $76,000 be sufficient to satisfy the financial affadavit of support?
    Considering that 125% of the 2018 U.S. poverty guideline = $20,575 for a 2-person household, and three times that number is required if sponsoring a spouse, the minimum assets required should be $61,725.
    The couple can show $76,000 in available/liquifiable assets. With this in mind, can the couple confidently file?
    Any thoughts? Comments? Experience with a similar scenario?

  • #2
    Originally posted by Reuniting View Post
    Hello, specific immigration question regarding the financial affidavit of support i-864:

    Brief Details:
    Husband wishes to sponsor his Wife.
    Wife is not a U.S. citizen, but she lived in the U.S. for 13 consecutive years, and had to return to her home country in August, 2017 to fulfill a two-year home country presence obligation due to a Fulbright scholarship she took from 2004-2006.
    Husband is U.S. citizen currently living in the U.S.
    Husband has been unemployed for 3 years, and is currently a student.

    While Wife lived and worked in the U.S., Wife accumulated approximately $59,000 in savings in her bank account.
    Husband was added to Wife's bank account two months ago.
    Since the bank account was originally opened by Wife, should the $59,000 be listed under Wife's assets or under Husband's assets?
    How negatively would it reflect that Husband has no assets?
    If all money/assets are listed under Wife, and Husband is sponsoring Wife while Husband shows no assets/income, how significant a problem would that be?
    In addition to the $59,000 savings, Wife also earned her 401K in the amount of $28,000.
    Husband is the primary beneficiary of Wife's 401K.
    If her 401K is cashed out/liquified, the amount would be at least $17,000.
    So the bank account money and liquified 401K would total at least $76,000.
    Would $76,000 be sufficient to satisfy the financial affadavit of support?
    Considering that 125% of the 2018 U.S. poverty guideline = $20,575 for a 2-person household, and three times that number is required if sponsoring a spouse, the minimum assets required should be $61,725.
    The couple can show $76,000 in available/liquifiable assets. With this in mind, can the couple confidently file?
    Any thoughts? Comments? Experience with a similar scenario?
    Did she pay Social Security taxes during the years she worked in the US? If she accrued 40 quarters of Social Security credits (including credits earned by her husband during the period of marriage), she doesn't need an Affidavit of Support, and can just do I-864W.

    This is my personal opinion and is not to be construed as legal advice.

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