I-864 - negative income, but lots of assets - what will they think?

[wackodacko 0]

I am a US citizen sponsoring my husband. We are living with HIS parents, who have been here in the USA for 10+ years on an investors visa. Since I have zero income (am just a housewife..haha!) I have no tax returns for the prior 3 years, as needed. I will be using my Household Member (my father in law) to prove we can beat poverty guidelines. Problem is - all his past 3 years tax returns show NEGATIVE (ie: $-800,000) due to "loss carry over" from some real estate deals. He is self-employed and owns his own company.

1) Will this negatively affect HIM in the eyes of the CIS/INS ?(he is worried about what theyll think of him since he's on an investors visa and they might look him up)

2) He has lots of assets amounting to millions from bank accounts and real estate ownership (have copy of titles, too) - will this suffice for their poverty requirements, even if his tax returns are negative?

On another note, my husband has a tax return from year 2002, the last year he worked in the USA before moving back to Philippines. It shows $100,000+ income. I know its too old..but will this help our case any? He doesnt have recent tax returns showing any significant amount from the Philippines since for the past 4 years, his company has not been giving any dividends, hence low income on paper.

Thanks

[pushbrk 13,267]

I am a US citizen sponsoring my husband. We are living with HIS parents, who have been here in the USA for 10+ years on an investors visa. Since I have zero income (am just a housewife..haha!) I have no tax returns for the prior 3 years, as needed. I will be using my Household Member (my father in law) to prove we can beat poverty guidelines. Problem is - all his past 3 years tax returns show NEGATIVE (ie: $-800,000) due to "loss carry over" from some real estate deals. He is self-employed and owns his own company.

1) Will this negatively affect HIM in the eyes of the CIS/INS ?(he is worried about what theyll think of him since he's on an investors visa and they might look him up)

2) He has lots of assets amounting to millions from bank accounts and real estate ownership (have copy of titles, too) - will this suffice for their poverty requirements, even if his tax returns are negative?

On another note, my husband has a tax return from year 2002, the last year he worked in the USA before moving back to Philippines. It shows $100,000+ income. I know its too old..but will this help our case any? He doesnt have recent tax returns showing any significant amount from the Philippines since for the past 4 years, his company has not been giving any dividends, hence low income on paper.

Thanks

Sponsor must be US Citizen or Legal Permanent Resident. If your father in-law is neither, you'll need another sponsor. Does your husband work?

[wackodacko 0]

Sponsor must be US Citizen or Legal Permanent Resident. If your father in-law is neither, you'll need another sponsor. Does your husband work?

Hmm...I read the rules, it says the sponsor must be a USC or LPR.. but it doesnt say the HOUSEHOLD MEMBER of the sponsor has to be, or show any documentation thereof. As long as they have 3 years tax return and assets proving above the poverty requirement.

My husband doesnt work in the USA yet, because he's not allowed to yet. He still owns a company in the Philippines, which he plans to maybe divest or sell once we get approved. The company is private and has lots of assets and he's a majority shareholder. Do you think showing paperwork of that will work?

[rebeccajo 14]

The sponsor has to be a USC or LPR.

Household members contributing income or assets do not.

[Steph0814 1]

I am speaking from Experience here! GET A JOINT SPONSOR! My husband owns 30 houses so I initially used them as Assets, we got 2 RFE's in regards to the I-864 and both of them had hand written notes saying " Please get a Joint Sponsor", Finally we got one and my case was resumed.

Save yourself the irritations and get a Sponsor! I HIGHLY HIGHLY advise it!

[wackodacko 0]

I am speaking from Experience here! GET A JOINT SPONSOR! My husband owns 30 houses so I initially used them as Assets, we got 2 RFE's in regards to the I-864 and both of them had hand written notes saying " Please get a Joint Sponsor", Finally we got one and my case was resumed.

Save yourself the irritations and get a Sponsor! I HIGHLY HIGHLY advise it!

Hi Steph,

what is an RFE, and why did you get 2?

AggghhH! its so tough to find a sponsor!

[wackodacko 0]

I am speaking from Experience here! GET A JOINT SPONSOR! My husband owns 30 houses so I initially used them as Assets, we got 2 RFE's in regards to the I-864 and both of them had hand written notes saying " Please get a Joint Sponsor", Finally we got one and my case was resumed.

Save yourself the irritations and get a Sponsor! I HIGHLY HIGHLY advise it!

Hi Steph,

what is an RFE, and why did you get 2?

AggghhH! its so tough to find a sponsor!

I'm still having a hard time finding a joint sponsor. So I decided, instead of using my "household member's" real estate assets, which tend to be problematic I heard, i would just exclude the parent in laws, and do the 3x the $17,500 needed for me and my husband, and dump a lot of cash in my bank account. will this work? Do they need a bank certification as to how much cash I have in the bank, or just a bank statement? The bank statement will show that one day, i dumped 100K in the account. The bank certification will show just my total balance in the bank account. what do you think? Will this be enough since I have zero income for the past 5 years?

Thanks

[Dakine 26]

I am speaking from Experience here! GET A JOINT SPONSOR! My husband owns 30 houses so I initially used them as Assets, we got 2 RFE's in regards to the I-864 and both of them had hand written notes saying " Please get a Joint Sponsor", Finally we got one and my case was resumed.

Save yourself the irritations and get a Sponsor! I HIGHLY HIGHLY advise it!

Hi Steph,

what is an RFE, and why did you get 2?

AggghhH! its so tough to find a sponsor!

I'm still having a hard time finding a joint sponsor. So I decided, instead of using my "household member's" real estate assets, which tend to be problematic I heard, i would just exclude the parent in laws, and do the 3x the $17,500 needed for me and my husband, and dump a lot of cash in my bank account. will this work? Do they need a bank certification as to how much cash I have in the bank, or just a bank statement? The bank statement will show that one day, i dumped 100K in the account. The bank certification will show just my total balance in the bank account. what do you think? Will this be enough since I have zero income for the past 5 years?

Thanks

Looks like you should try to get a job. Anyway you look at it only using assets can be a problem. I imagine COs would rather see steady guaranteed income plus your assets.

Edited November 30, 2008 by Haole

[wackodacko 0]

Looks like you should try to get a job. Anyway you look at it only using assets can be a problem. I imagine COs would rather see steady guaranteed income plus your assets.

Who can get a job in this economy? Even the local burger joint hiring is on freeze. Anyway, the reason I havent been employed is because my husband works - he owns a company overseas and I havent claimed any dividens nor a salary from it, which is why I have zero income the past several years. I have not done "married filing jointly" and claimed HIS income on MY tax return because he's still an alien. So he files his own taxes in the Philippines but I'm presuming the i-864 only accepts USA 1040's and not some random country's tax returns, in a foreign currency. My only chance is "readily available assets". Is it a fact that relying on assets such as cash in a bank, and no income, will not get us through? Technically, based on the instructions of the form..we should be able to pass. But not sure what these prissy immigration officers will say, or have said..in the past. Any ideas?

Thanks

[diadromous mermaid 36]

The alien can self-sponsor, as long as his assets are sufficient and liquid.

Sponsor must be US Citizen or Legal Permanent Resident. If your father in-law is neither, you'll need another sponsor. Does your husband work?

Hmm...I read the rules, it says the sponsor must be a USC or LPR.. but it doesnt say the HOUSEHOLD MEMBER of the sponsor has to be, or show any documentation thereof. As long as they have 3 years tax return and assets proving above the poverty requirement.

My husband doesnt work in the USA yet, because he's not allowed to yet. He still owns a company in the Philippines, which he plans to maybe divest or sell once we get approved. The company is private and has lots of assets and he's a majority shareholder. Do you think showing paperwork of that will work?

[Dakine 26]

Looks like you should try to get a job. Anyway you look at it only using assets can be a problem. I imagine COs would rather see steady guaranteed income plus your assets.

Who can get a job in this economy? Even the local burger joint hiring is on freeze. Anyway, the reason I havent been employed is because my husband works - he owns a company overseas and I havent claimed any dividens nor a salary from it, which is why I have zero income the past several years. I have not done "married filing jointly" and claimed HIS income on MY tax return because he's still an alien. So he files his own taxes in the Philippines but I'm presuming the i-864 only accepts USA 1040's and not some random country's tax returns, in a foreign currency. My only chance is "readily available assets". Is it a fact that relying on assets such as cash in a bank, and no income, will not get us through? Technically, based on the instructions of the form..we should be able to pass. But not sure what these prissy immigration officers will say, or have said..in the past. Any ideas?

Thanks

Immigration officers have their reasons. How will you guys survive when he gets here without using public means. You say you can't get a job. Can your hubby support both of you once he sells out in the Philippines?

Sorry to be negative buts that what COs look at. You have to understand COs have VERY little time to review petitions. Most interviews at USEM don't last more than 5 minutes. Yeah ain't fair but that's the way it is. You have to get everything looking as strong financially as possible.

How long have you been married?

[wackodacko 0]

Immigration officers have their reasons. How will you guys survive when he gets here without using public means. You say you can't get a job. Can your hubby support both of you once he sells out in the Philippines?

Sorry to be negative buts that what COs look at. You have to understand COs have VERY little time to review petitions. Most interviews at USEM don't last more than 5 minutes. Yeah ain't fair but that's the way it is. You have to get everything looking as strong financially as possible.

How long have you been married?

Would they let us explain in the interview? Or do we write a written explanation and put it together with our assets (bank account cash) list? My husband's company is incorporated in the Philippines but it's clients are 100% based in the USA and earns in dollars. We would still keep the company in the Philippines and once he becomes a LPR then he can pay taxes on his worldwide income (Drat!). We've been married almost 5 years, and been going back and forth from the US to Philippines too much that the normal B1/B2 visa won't cut it. What do you think?

[vichygurl 1]

I'm thinking, why don't you just get a co sponsor and file for CR1 visa for your husband?

RFE - Request for Evidence...

Vida Taylor

[Dakine 26]

Immigration officers have their reasons. How will you guys survive when he gets here without using public means. You say you can't get a job. Can your hubby support both of you once he sells out in the Philippines?

Sorry to be negative buts that what COs look at. You have to understand COs have VERY little time to review petitions. Most interviews at USEM don't last more than 5 minutes. Yeah ain't fair but that's the way it is. You have to get everything looking as strong financially as possible.

How long have you been married?

Would they let us explain in the interview? Or do we write a written explanation and put it together with our assets (bank account cash) list? My husband's company is incorporated in the Philippines but it's clients are 100% based in the USA and earns in dollars. We would still keep the company in the Philippines and once he becomes a LPR then he can pay taxes on his worldwide income (Drat!). We've been married almost 5 years, and been going back and forth from the US to Philippines too much that the normal B1/B2 visa won't cut it. What do you think?

The good thing is you guys can do a IR-1 visa which gives him a 10 year GC and SSN shortly after arrival in the US. He'll be able to work in a month or so after arrival.

Bad thing is COs don't have time to listen to explanations and go by what's in writting. Bad thing is they pass it on and put you [him] on AR to sort things out. Best for you to get things "to the tits" before the interview as you are no doubt trying to do now. Make the written explanation short and precise.

COs "sometimes" do take into account what the beneficiaries potential for making bucks in the US are. Can't count 100% on it tho. They also use the beneficiaries bucks and assets for the I-864A.

Having his business income continue after immigrating should be a BIG plus. You/he will have to have evidence proving such.

[Dakine 26]

Looks like I missed something. Is your hubby trying to adjust status from a tourist visa and you were married in the Philippines 5+years ago?

You aren't doing IR-1 or K3?

Edited December 2, 2008 by Haole