I-864 Question About Assests

[a&p]

I have been reading CFL postings all morning and now all night. I have just reviewed David's posting on the I-864 Revised Requirements and Observations and the DOS website. Earlier today I read a posting that prompted my question. The posting basically stated that if one was using an asset to meet the poverty guidelines than the asset should be something liquid, like stocks or bonds or savings.

 

Here is my situation:

 

I met my husband in 2006 and have been living in Lhasa, Tibet PRC off and on since September of 2006. We were married in April of 2007 and are filing directly with the consulate in Chengdu. It is impossible to get a work permit in Lhasa (unless someone out there in CFL Land knows a secret!), so I haven't had a job since then. I have rental property in the States that gives us a VERY modest income ($850/mo) that is completely paid for and has an assessed value of about $170K. I only have about $5K in savings. I had been planning on using the value of the rental house to compensate for my woeful earnings.

 

Since reading/researching today on CFL, I am doubtful whether this will be sufficient. Also, my earnings have been very low for the past couple of years, as my tax return transcripts will reflect. Can I use just the previous year's (2007) or do I need the previous three? I just turned thirty and I'm the first one to admit I was a good example of the grasshopper and the ant (not planning for the future). I don't really want to ask my mother to be a co-sponser but obviously will if we need it.

 

What do you all advise out there? My husband and I were hoping to be together until his visa is approved but it looks as though I will need to go back to the US and get a job. Do I need to do this right away or will it be okay to wait until my visa runs out in July?

 

I apologize for the length of this posting and if I'm being redundant; I have been looking for postings on this matter all day. I appreciate all the information, help, advice, and experience of all the members who post. Thank you, thank you, thank you!

 

Avis

[dnoblett]

Assets are valued at 1/3 of income, so for example if income falls below 125% poverty line by 1000, you need to show 3000 in assets.

 

Assets need to be liquid, something that you can cash quickly if you need too, cash in a savings account is a liquid asset.

 

Or you can use a Joint Sponsor in the USA.

 

I-864 states only past year's return is required, and past 3 can be used if you feel that they will help.

 

Fortunately you wont have problems with domicile issues, you have property in the USA.

[jim_julian]

If you can get a joint sponsor, that's the way to go based on what you've said.

[david_dawei]

as jim says, a joint sponsor (JS) is what you need... I would not count on the assets at all; and don't sell it off for money now; it's still no guarantee [in the eyes of a VO] that it pays for bread in three years.

 

Most DCFs get a family member to be the JS; and a few will do this also by going back to the US to live with that sponsor (ie: usually parents).

 

One alternative, since you have already filed (or after you file).. is to head back to the US and get a good job... then that will weight the most in the VOs eyes.

 

You should look into this issue ASAP

[a&p]

Thank you David, Jim_Julian, and dnoblett. I really appreciate your advice and experience and how quickly you all post. Thanks for the help! Avis

[a&p]

Hi again. Our Joint Sponsor will hopefully be my husband's brother (a US citizen for over 2 years now) and his wife, not members of our household. We are DCF for a CR1 visa.

 

-Will our Joint Sponsor file an I-134 or I-864?

-If they file their taxes jointly, will they need two separate forms?

-Will a transcript of their 2007 tax return, letters from their employers, and paystubs be enough or do they need to provide bank statements regarding their deposit/withdraw history for the past year?

-Is a job offer (notarized letter stating my husband will be hired when he arrives in the US) for my husband a good thing to bring to the interview or something GZ won't really care about?

 

Thank you again for using your experiences and knowledge to help everyone through this confusing process. I really appreciate the time people take to answer questions and help advise.

 

Avis

[pha]

Hi a&p.

 

I had a similar situation. My income was borderline because I had been living in China and working for peanuts. I got a co-sponsor (my mother) who filled out two I-134, notarized. We didn't have an I-864 (but we were K1 so not sure if you need one). I also had two I-134 notarized, my tax transcripts for 2006 and for the years 2004 and 2005 I didn't file taxes because I hadn't made more than 80,000 US (the limit for overseas income). So, I wrote a letter explaining that and had that notarized. I also brought paystubs and a letter from my Chinese employer.

 

Guess what they looked at?.....

 

None of it. Didn't ask for ANY financial info.

 

In general, bring everything in case they ask for it. Better to over-prepare.

[dnoblett]

Hi again. Our Joint Sponsor will hopefully be my husband's brother (a US citizen for over 2 years now) and his wife, not members of our household. We are DCF for a CR1 visa.

 

-Will our Joint Sponsor file an I-134 or I-864?

-If they file their taxes jointly, will they need two separate forms?

-Will a transcript of their 2007 tax return, letters from their employers, and paystubs be enough or do they need to provide bank statements regarding their deposit/withdraw history for the past year?

-Is a job offer (notarized letter stating my husband will be hired when he arrives in the US) for my husband a good thing to bring to the interview or something GZ won't really care about?

 

Thank you again for using your experiences and knowledge to help everyone through this confusing process. I really appreciate the time people take to answer questions and help advise.

 

Avis

Joint sponsor will do I-864, I-134 is used with NON-Immigrant K-Visas only.

 

If file Jointly only one I-864 is needed, still One tax return One I-864.

 

Just a tax transcript is required, pay stub and employer letter is optional.

 

Job offer letter is a great thing to bring to the interview, it assures then that petitioner should have income and be able to support immigrant after entry to the USA.

[david_dawei]

A&P:

1) You must file one I-864 yourself, regardless of income levels.

2) Your JS must file one as well (and provide proof of US Citizenship).

3) Since your JS filed jointly, they should provide some means of showing their 'share' of the income reflected on the tax form... So, you should get tax transcripts (joint return) and a W-2 tax transcript for the JS.

4) You should get an employer letter regardless since it shows he is still employed--a tax transcript doesn't say you are now employed but had income for the tax year.

5) The letter of intent to hire means nothing to me... and I suspect any VO would questions future promises to an intended immigrant... if there was a signed employment letter with pay levels stated, etc.. that would be different. You can bring it, but don't lean on it.

 

FYI: Pha's experience is for K1, where financials are *sometimes* not looked at; I believe the DCF turns in the financials at check-in (?).. regardless, don't expect them to not ask or look... be prepared.

 

Just to add a twist:

6) a I-864 is only for one person... husband's brother... the wife's income is not considered... if you want the wife's income also considered (ie: she is also a JS), then she files a I-864a (note the suffix of "a")... this makes her a household member contributing towards the sponsorship... This might make it all more complex but shows why you need to show proof of his income alone for his I-864.

 

One concern:

I see that the potential JS is your husband's brother.. who lives in the US... I don't know if the VO will question this situation and ask questions...

[a&p]

One concern:

I see that the potential JS is your husband's brother.. who lives in the US... I don't know if the VO will question this situation and ask questions...

 

Thank you for all in the information, it's exactly what I need to figure out what to do. Regarding the concern you brought up David, I'm very new to the whole immigration process and don't really understand the exact nature of the VO's potential concern.

 

My husband's brother married a USC (a friend of mine from college) back in 2001. He got his US citizenship in 2006. He has been steadily employed since immigrating, his wife works at a prestigious boarding school on the east coast.

 

Do you think it would be better to just use my sister-in-law as the JS because she was born in the USA? We want to do whatever is best and will move our case along smoothly.

 

Thanks again for all your help and knowledge!

 

Avis

Edited January 17, 2008 by a&p (see edit history)

[david_dawei]

One concern:

I see that the potential JS is your husband's brother.. who lives in the US... I don't know if the VO will question this situation and ask questions...

 

Thank you for all in the information, it's exactly what I need to figure out what to do. Regarding the concern you brought up David, I'm very new to the whole immigration process and don't really understand the exact nature of the VO's potential concern.

 

My husband's brother married a USC (a friend of mine from college) back in 2001. He got his US citizenship in 2006. He has been steadily employed since immigrating, his wife works at a prestigious boarding school on the east coast.

 

Do you think it would be better to just use my sister-in-law as the JS because she was born in the USA? We want to do whatever is best and will move our case along smoothly.

 

Thanks again for all your help and knowledge!

 

Avis

honestly... I think that is just 'moving the cheese'... it depends on what the VO smells. I would go with which one has the more stable and higher income so that there is no question about finances.

 

It really shouldn't be a consideration but we see strange things from VOs at times...