Using intending immigrants assets I-864

[rjdson]

Dear Mams and Sirs,

 

My specific situation is this.... I earn a foreign earned Chinese income and can't count it (not enough to meet the 125% requirement anyway), and can't get a joint sponsor. However, my wife has deposited money into a U.S. bank account, in her name, the last time we traveled to the U.S. on a travel visa. Part of this money was provided by her father. The money is in her name only and surpasses the 125% X3 requirement for using assets. She is the beneficiary.

 

I am aware that we are required to include deposits, bank statements, a letter signed by a senior bank official and proof that money can be moved and anything else that shows the movement of money for the previous 12 months if we report money still in China.

 

1. But I wonder if this proof is required of the beneficiary if the money is already in the U.S.?

2. And the other concern is the fact that a large portion of the money was provided by her father. Again this money is in a U.S. bank account. Will this be an issue?

3. One more dimension to this question.... Since we are totally using assets, more specifically money, to meet financial requirements and no personal or sponsor's income, are we going to run into problems?

 

I know these are crazy questions. Thanks to anyone for help!!!

[dnoblett]

Yes, list her assets on your I-864 and provide evidence that it is in a bank in the USA.

I am sponsoring my spouse, the assets which we need to use to meet the poverty level are joint assets; is this OK?

Assets of the intending immigrant may be used.

Can the assets of the intending immigrant be used if he or she is not my spouse?

Assets of the intending immigrant may be used if he or she has been a member of your household for at least six months.

I am sponsoring my spouse for immigration and we will use his or her assets to meet the poverty level guidelines, does he or she need to complete an I-864A?

No, if it is just your spouse who is immigrating, he or she need not complete an I-864A.

http://london.usembassy.gov/faq_i864_income.html#income015

[rjdson]

Thank you, sir! I have searched everywhere and couldn't find any exact information concerning this question.

[Randy W]

But what YOU need to do is to show the capacity to support the intending immigrant in a way which will ensure that she will not become a a public charge.

 

From the consulate - this was posted here back in 2007, but the laws and policies haven't changed - http://candleforlove.com/forums/topic/27335-visa-denial/?p=343591

 

Dear CFL,

We can't shed any light on the rumors you may have heard, but we will note that petitioner income is only one of a number of criteria that consular officers are mandated by law to weigh when considering whether there is a public charge ineligibility.

Other factors include the applicant's health, education, family status, age, language ability, and work experience.

Again, it is mandated by law that consular officers consider the totality of circumstances, and not just rely only on whether income surpasses the poverty guidelines.

So, it is quite possible that some applicants have been found to have a public charge ineligibility in spite of having a petitioner or co-sponsor with income greater than the poverty guidelines.

Sincerely,

USCONGUZ

 

 

 

If you are unable to line up a co-sponsor, you should at the very least show an active job search, along with your experience and other qualifications in that field.

 

They may very well REQUIRE that you get a joint sponsor - any evidence OUTSIDE of the Affidavit of Support that you can provide will be the only path you have available to prove that you have the means by yourself to support her at the required level.

[rjdson]

Again, great advice! Thank you

Edited August 14, 2014 by rjdson (see edit history)