Currency Exchange Rate when using cash assets

[Frazell Thomas 0]

Hey, my interview is a few weeks away and I'm nervous about one issue (besides my Medical results which are still pending).

My husband (the USC) is a full-time university student and has little-to-no income coming in. We know no one in the states that we can use as a co-sponsor and so am using our bank account to show sufficient assets. When I received my interview letter, the FINANCIAL EVIDENCE was checked off as "the required form is incomplete. please ensure that a complete form is presented at the interview". I think it had something to do with my husband using the "long form" tax form instead of the usual easy filing one people usually use when filing their taxes online (if that makes any sense. I'm not so good with tax forms).

My question is, our bank account is in canadian dollars. Given the exchange rate now I don't think we'll make it above the poverty guidelines. Does anyone know which currency exchange rate they use if any? Or is this a judgement call at the interview?

[trailmix 77]

Hey, my interview is a few weeks away and I'm nervous about one issue (besides my Medical results which are still pending).

My husband (the USC) is a full-time university student and has little-to-no income coming in. We know no one in the states that we can use as a co-sponsor and so am using our bank account to show sufficient assets. When I received my interview letter, the FINANCIAL EVIDENCE was checked off as "the required form is incomplete. please ensure that a complete form is presented at the interview". I think it had something to do with my husband using the "long form" tax form instead of the usual easy filing one people usually use when filing their taxes online (if that makes any sense. I'm not so good with tax forms).

My question is, our bank account is in canadian dollars. Given the exchange rate now I don't think we'll make it above the poverty guidelines. Does anyone know which currency exchange rate they use if any? Or is this a judgement call at the interview?

When I filled in the I-864 I had to convert my income from Canadian to U.S. dollars, there is really no guideline for what exchange rate to use so I used http://www.xe.com/ - I just picked it from a list on the IRS site, they have no 'official' exchange rate.

The list of sites they recommend using is here: http://www.irs.gov/businesses/small/articl...=130524,00.html

If his income is insufficient and you did not include your assets - that is what they will be asking for.

I think as long as you use a reputable site (or bank rate) they won't really care which rate you use.

One other thing, just want to make sure that you know - if you decide to use cash assets, you have to prove 3 x the 125% of the poverty guidelines - it's not the same amount as you have to prove if you were using income alone.

So for sponsoring a spouse this would be $17,500 x 3 for a total of $52500.00 U.S.

Using xe.com at today's exchange you will need to have about $66,995.00 CDN

You can also use your Husband's income and then just top that up with cash and other hard assets, however you mentioned he has next to no income and didn't mention hard assets (like a house for instance) - so the above is just a quick example.

Edited December 5, 2008 by trailmix

[Frazell Thomas 0]

Thanks so much

He's able to claim some of his government grants for school as income from what I understand so that has helped. We included our *joint* banking statement when doing that part at the NVC. Using XE.com we'll be out by about 4k. I guess I better look into finding some more donations though the rates on this site http://fms.treas.gov/intn.html#rates are looking rather nice to me Darn fluctuations! It seems like only yesterday when my Canadian dollar was stronger than his USD...

*edit* or is that our CAD was stronger than our USD...ah the married life, where what's mine is his and what's his is mine...still have to get used to that

Edited December 5, 2008 by Frazell Thomas

[trailmix 77]

Thanks so much

He's able to claim some of his government grants for school as income from what I understand so that has helped. We included our *joint* banking statement when doing that part at the NVC. Using XE.com we'll be out by about 4k. I guess I better look into finding some more donations though the rates on this site http://fms.treas.gov/intn.html#rates are looking rather nice to me Darn fluctuations! It seems like only yesterday when my Canadian dollar was stronger than his USD...

*edit* or is that our CAD was stronger than our USD...ah the married life, where what's mine is his and what's his is mine...still have to get used to that

I would use the rate from whatever site or bank makes your assets look the best

You know, it's really odd that they let your file leave NVC with insufficient financial information - normally - I have heard, if they don't get info after 2 RFE's they will forward it to the embassy/consulate, but i'm assuming you didn't get an RFE.

That said, when my Husband had his interview, one of the first things they asked for were the U.S. tax returns for 2005 and 2006 - as you know, this is not normally necessary. The only reason I can think that they wanted to see them is that I was not working so they wanted reassurance that I had an income normally lol

Be prepared with 3 years of tax returns for him on hand - 2005, 2006 and 2007

If he did not file in any of those tax years, have him write a statement saying why (ie I had no income therefore I was not required to file)

Bank statements for the last several months for your assets (at least 4-6 months)

[Frazell Thomas 0]

My wife encouraged me to come offer a reply. Hopefully I make sense as a I rarely do.

Thank you very much for your comments. The link to the IRS site which referred us the the US Treasury's publications was the resource I was looking for. That will establish a solid Interest Rate that we can use when discussing the issue with the consular officer. I agree that we'll use the most favorable rate (the September rate published by the US Treasury) and I much prefer being able to cite the United States Code stating the Treasury established rates are legally binding on the consular officer to use.

We did get one RFE regarding the Affidavit of Support, but interestingly enough they only asked for my tax documents and W2; both of which they received. I'm not sure if they were confused by my usage of the IRS Form 1040 (not the normal 1040-EZ variant) or if there was confusion in other areas. They never clarified what exactly they needed, but I resubmitted the same documents with a little more explanation and they responded with another RFE, but said it was to be fulfilled at the interview.

I have had a problem with using the 1040 form this year in that it caused my university to spend an additional 6 months processing my Financial Aid because they weren't sure how to properly read the form. I'm not sure if the same problem is being suffered here, but I wouldn't be surprised since somewhere in the range of 90% of the filing public use the 1040-EZ variant.

It would be nice if I could join her at the interview to offer a clearer explanation for documents as well as cite, and show, relevant law or regulations, where possible. As I think the more concrete and accurate our information and the reasoning behind it the better our chances of walking away with a successful result.

Again, thanks a lot for your helpful suggestions.

-Frazell

[trailmix 77]

Hi Frazell,

I would think that the NVC and consular officers are both very familiar with the full 1040 form. The reason I think this is because if you have foreign income you have to use the full form, many people (for instance everyone who files DCF) is living in a foreign country, therefore they may well have foreign income, therefore they would use the 1040.

For several months last year, several countries, including Canada, suspended direct consular filing - this happened to be when we filed. Therefore all people who would have normally filed DCF could not and sent their documents directly to the U.S. - including NVC for IR1/CR1 visas - so I am sure they have seen many (including mine!).

Did you include your asset information with your I-864?

Edited December 5, 2008 by trailmix

[Frazell Thomas 0]

Hey,

Thanks for the fast reply

I'm glad they won't be confused by my tax form. That annoyed me that my school's Financial Aid office wasn't familiar with using it.

I submitted all of the asset information with the I-864 (roughly 6 months of bank statements as the asset is Cash on Deposit at a major Canadian and now American bank).

[trailmix 77]

Hey,

Thanks for the fast reply

I'm glad they won't be confused by my tax form. That annoyed me that my school's Financial Aid office wasn't familiar with using it.

I submitted all of the asset information with the I-864 (roughly 6 months of bank statements as the asset is Cash on Deposit at a major Canadian and now American bank).

Well the only thing I can think of that they might want then is additional tax returns?

You seem pretty laid back about this, which is really good - however if you get to the interview and they ask you for - whatever - documentation and you dont have it, her visa will be delayed until you submit it, which could be a few weeks - just so you know.

If it were me, I would be calling a supervisor at NVC and asking what exactly they are missing, but if an additional few weeks wait is not a huge deal for you guys - then no biggie.

And what they heck is up with your Financial Aid office