Can I still file I 864 if I'm $152 shout out to meet the poverty guidelines? 4 Answers as of March 30, 2015

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can file it if you are the petitioner because you have to do it; but if your income is insufficient, you will need to get a joint sponsor to sign the affidavit of support on behalf of the beneficiary.
Answer Applies to: California
Replied: 3/30/2015
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Most likely, you can. There is a provision in the Form I-864 that lets you cover the difference between your income and the poverty guideline by using your assets - money on accounts in the bank, saving bonds, stocks, equity in real estate, a whole life insurance policy with an accumulated cash value, etc. Anything that can be converted to cash can be counted for this purpose. The value of the assets must be 5 times greater than the shortfall of your income; so, if you are $152 short of the poverty guideline, you need to show $760 in assets. It sounds simple, but the USCIS will look at the assets you declare an might disregard them. For instance, if you put some money into a savings account a week or two before filing I-864, the Service will likely to see this as money borrowed just for the purpose of showing assets. Another advice: don't just *meet *the poverty guideline, try to overshoot it by a comfortable margin. The closer your income+20% of assets come to the guideline, the greater the risk that USCIS would deny your petition. If you can, get someone - a relative or a friend - to sign a second I-864. The second sponsor has to be a U.S. citizen or permanent resident, and has to show income (or income+20% of assets) that would meet the poverty guidelines *independently of your I-864,* as if he or she were the only sponsor. Considering the money and the time that will be lost if your petition gets denied, looking for a second sponsor might be well worth the effort.
Answer Applies to: New York
Replied: 3/27/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Sure. As long as you have 3 times the difference in assets. So if you have a bank account with more than $600 then provide twelve months of bank statements with your application.
Answer Applies to: California
Replied: 3/25/2015
Alena Shautsova
Alena Shautsova | Alena Shautsova
You can, but you will need a joint sponsor.
Answer Applies to: New York
Replied: 3/25/2015
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