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Can I use only savings account money as a form of affidavit of support (I-864)? Do disability checks count as well?

New York, NY |

My husband doesn't have a steady job (musician) but he gets disability checks. Those checks don't meet the minimum requirement of 125%, it would be about 10k short, but I could have my family transfer to our joint account the 30K we would need (3 times the difference) to use as assets. Will just having that money in our account do or would they still give us a hard time over him not having a tax return and not having a steady job? Do we have to show that we've been having the money for a while or is it OK if it's recently transferred? We can't seem to find a co-sponsor and even if my husband gets a job right now we'd have to wait a while for him to have the tax returns and we can't afford to wait. Thanks.

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Attorney answers 3

Posted

Complicated question of income v. assets. Disability checks would not constitute assets. They would constitute income instead. Saving from those, on the other hand, would constitute assets.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Hi, Thanks for the response. But my question is can I combine his disability checks with my savings account money to meet the requirements? He doesn't have any tax returns.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Sure. 3 for one for saving and 1 for 1 for income.

Posted

Combining assets to meet the income threshold for the affidavit of support can be complicated. Consult an immigration attorney for advice/assistance in completing this form. It is possible to use a sizeable asset to offset the difference, but it must be clear that this asset is entirely available for the benefit of the applicant.

*Nothing in this comment should be construed as legal advice and should not be summarily relied upon as such. This commentary does not create an attorney-client relationship. For specific legal advice about your case, it is best to contact a lawyer to discuss your particular case.

Posted

Simply transferring money to make it look like you have more money than you do won't work. When using savings to supplement income, you should provide 12 months of statements. If USCIS sees that 20k suddenly appeared in your account, they are going to wonder where it came from. If you say a family member they may require additional evidence from the family member.

Have you considered using a joint sponsor instead?

Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: heather.garvock@ellisporter.com For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information I provide on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship.

Asker

Posted

Hi. Yes, we've been searching for a joint sponsor like crazy but we can't seem to find someone that can do it. My husband doesn't have that much of a family, he grew up in the system and none of his friends are doing that well. What kind of evidence would they ask for? My family makes plenty of money in my country, and that money I was going to use for school, she was gonna send it to me anyway after the green card process (I'm not allowed to study atm) and I just now thought of using it for the affidavit of support form.

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