J1 Visa holder marrying a US Citizen?
Answer:
The affidavit of support has to be filed by the sponsor - in this case, the US Citizen spouse. The sponsor is required to show an income equal to 125% of the federal poverty line for his/her family size (e.g, $16,500 for a family of two under 2006 guidelines). The foreign spouse's income can also be included. If the sponsor cannot meet the income requirement, assets can be used. The sponsor has to show assets that can be converted to cash (theoretically) within one year and that have a value equal to five times the difference between the sponsor's household income and the poverty level. E.g., you make $12,700 and the guideline is $16,500 so the difference is $3,800. You need to show assets valued at $19,000. Income is defined as the individual's gross income (line 22 of the IRS-1040).
If they cannot meet the income requirements, even with assets, then they can seek out a Joint Sponsor. The Joint Sponsor must independently meet the income requirement and fills out Form I-864 as well (the sponsor always has to file an I-864).
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