# Affidavit of Support Cash Query



## UKUSAMarriage98 (Jun 10, 2018)

Dear All,

First time posting in this section of the forum.. in the coming years myself (English) and my American citizen wife are thinking about moving back to the USA.

In order for my wife to sponsor me, I am aware we need to fulfill a affidavit of support. We could ask one of her family members to co sponsor to help us with it, but I want to calculate if it would be possible for us to do this by ourselves with cash and assets like property we own.

I found this online:
_
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._

Sponsors household income- does that mean our household income in the U.K where we currently reside, or would that be $0 because we have no American income currently?

Presuming its zero, and we have to fulfil three times 1.25% of the poverty line, we would need:

$17,240 x 1.25% = $21 550. Then times that number by 3 = $64650. Is this correct?

If so can this be covered by a property valuation for a property we own in the UK? The property is currently mortgaged so we do not own it outright.

Thanks for your help!


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## UKUSAMarriage98 (Jun 10, 2018)

Also, could I please ask someone to clarify the process for US Citizenship from the initial green card?

I will have been married to my wife for 5+ years at the point of applying, does this mean we can 'skip' the initial 'conditional resident' 2 year green card and go straight onto the permanent resident green card?

If so how long do I need to hold the permanent resident green card before I can apply for full citizenship?


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## Crawford (Jan 23, 2011)

If you have no US income then, yes, you need 125% of current poverty level and x by 3

Currently that would mean you need 64,640 USD

Yes you can property - obviously you need to have equity in the property


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## Crawford (Jan 23, 2011)

UKUSAMarriage98 said:


> Also, could I please ask someone to clarify the process for US Citizenship from the initial green card?
> 
> I will have been married to my wife for 5+ years at the point of applying, does this mean we can 'skip' the initial 'conditional resident' 2 year green card and go straight onto the permanent resident green card?
> 
> If so how long do I need to hold the permanent resident green card before I can apply for full citizenship?


Yes, you'll go straight to the permanent green card.

As spouse you'll need to live in US for 3 years before naturalisation


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## Moulard (Feb 3, 2017)

Crawford said:


> Yes, you'll go straight to the permanent green card.


One exception to that... those recently married...

I seem to recall that if you have been married for less than two years you receive a conditional green card valid for a period of two years.

At the end of the two years you have to show that you are still living together as a married couple. Once that is done, the the spouse converts to a permanent green card.


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## UKUSAMarriage98 (Jun 10, 2018)

Crawford said:


> If you have no US income then, yes, you need 125% of current poverty level and x by 3
> 
> Currently that would mean you need 64,640 USD
> 
> Yes you can property - obviously you need to have equity in the property


So I own the property, it is mortgaged but owned solely by myself and my wife. I am presuming we could cover the support requirements with this as we hope to keep it when we move.

If we decided to sell the house when we were in the USA, would this effect anything?

Thanks for the help.


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## Crawford (Jan 23, 2011)

Using property to qualify under financial requirements is somewhat different between the US and UK immigration

Emigrating to the UK you would need to liquidate the property prior to the move in order to have ready cash in the bank should you need money when first moving. Emigrating to the US you just need to be able to liquidate the asset within 12 months of moving should you need money to support yourselves.

Selling the property once you have moved to the US means you might be eligible for capital gains tax in the US.


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## UKUSAMarriage98 (Jun 10, 2018)

Crawford said:


> Using property to qualify under financial requirements is somewhat different between the US and UK immigration
> 
> Emigrating to the UK you would need to liquidate the property prior to the move in order to have ready cash in the bank should you need money when first moving. Emigrating to the US you just need to be able to liquidate the asset within 12 months of moving should you need money to support yourselves.
> 
> Selling the property once you have moved to the US means you might be eligible for capital gains tax in the US.


Thanks for this info, I had not thought about the capital gains tax. I am presuming we would not need to pay anything if we sold before we left for USA as it is our only house and our primary sole residence in the UK?

I need to find out more information about capital gains tax for expats.. will have a google.


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## Crawford (Jan 23, 2011)

UKUSAMarriage98 said:


> Thanks for this info, I had not thought about the capital gains tax. I am presuming we would not need to pay anything if we sold before we left for USA as it is our only house and our primary sole residence in the UK?
> 
> I need to find out more information about capital gains tax for expats.. will have a google.


Correct.... selling before you move to the US will not incur capital gains on the sale... sell it once resident in the US and you are liable for capital gains.


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## Bevdeforges (Nov 16, 2007)

You may be able to avoid paying capital gains on the sale of your house in the UK after you have moved to the US if you qualify under the rules for sale of a personal residence. This may help: https://www.irs.gov/taxtopics/tc701


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