I-864 question - worried!

[Erthwhile 0]

Hi there,

I'm the italian beneficiary of the I-130 that my petitioner wife will send for me.

We live in Italy, and as my wife has just graduated from uni she has never filed for tax nor has ever had an income.

Furthermore, she's unemployed at this time.

Moreover, her family lives in Japan now, and we don't have any "easy" alternative to get a co-sponsor for our I-864.

Anyway, I work here in Italy (income of about 25000 USD per year) and I own 50% of an apartment valued 240000 EUR and I have about 50000 USD in my bank account.

I was wondering: is there any way we can use my income and my assets to sponsor me to go to the US? If we open a joint bank account in Italy and deposit my funds there, will that be sufficient?

Can you please give us any advice?

thanks a lot in advance and happy new year!!

[trailmix 77]

Hi there,

I'm the italian beneficiary of the I-130 that my petitioner wife will send for me.

We live in Italy, and as my wife has just graduated from uni she has never filed for tax nor has ever had an income.

Furthermore, she's unemployed at this time.

Moreover, her family lives in Japan now, and we don't have any "easy" alternative to get a co-sponsor for our I-864.

Anyway, I work here in Italy (income of about 25000 USD per year) and I own 50% of an apartment valued 240000 EUR and I have about 50000 USD in my bank account.

I was wondering: is there any way we can use my income and my assets to sponsor me to go to the US? If we open a joint bank account in Italy and deposit my funds there, will that be sufficient?

Can you please give us any advice?

thanks a lot in advance and happy new year!!

Hi Rob,

The answer is yes, you can use your assets (see below).

You mention putting your US 50,000 in an Italian bank, in a joint account. Where is the money now? If it is in a U.S. account, you can just leave it there. Also, the 50,000 will not be enough, you will need to show assets of at least $ 52,500 (if it is just the two of you).

Your employment income will not be counted, unless it will continue from the same source when you go to live in the U.S.

(d) Sponsor Requirements.

(1) General . A sponsor who completes Form I-864 must be all of the following:

· The petitioning relative or the relative who has a significant ownership interest in the petitioning entity;

· An individual (a sponsor cannot be a corporation, organization, or other entity);

· A citizen of the United States or a permanent resident (including conditional residents);

· At least 18 years of age;

· Domiciled in the United States, the District of Columbia, or any territory or possession of the United States (see section (d)(2) below).

· Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the sponsor's household size, including the immigrants being sponsored or previously sponsored. A sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child must only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines. Assets of the sponsor, the intending immigrant, or both may be used to demonstrate this requirement. link

Edited December 31, 2008 by trailmix

[trailmix 77]

Also from Adjudicator's Field Manual - as linked above:

(5) Use of Intending Immigrant’s Assets . If the sponsor does not meet the income requirement using his or her own income and/or assets, the sponsor may include the net value (the total value of the assets less any offsetting liabilities) of the intending immigrant’s assets. The instructions to Part 6 of Form I-864 indicate that the intending immigrant does not need to complete Form I-864A if he or she is using his or her assets to qualify even if he or she has an accompanying spouse and/or children. Instead, the intending immigrant only needs to provide documentation showing the net value of all assets.

Edited December 31, 2008 by trailmix

[Erthwhile 0]

Also from Adjudicator's Field Manual - as linked above:

(5) Use of Intending Immigrant’s Assets . If the sponsor does not meet the income requirement using his or her own income and/or assets, the sponsor may include the net value (the total value of the assets less any offsetting liabilities) of the intending immigrant’s assets. The instructions to Part 6 of Form I-864 indicate that the intending immigrant does not need to complete Form I-864A if he or she is using his or her assets to qualify even if he or she has an accompanying spouse and/or children. Instead, the intending immigrant only needs to provide documentation showing the net value of all assets.

Hey,

thanks for your reply!! We have around 50000 EUR, that is around 70000 usd! It's good to know it's enough!!

Also, anothere option would be getting my wife's father as sponsor. He is a US citizen, but he lives in Japan even though he still files for taxes in the US: Would he be able to help us?

Also, can we count the net worth of my house that I own here in Italy (I own the 50%)?

thanks!!

[trailmix 77]

Also from Adjudicator's Field Manual - as linked above:

(5) Use of Intending Immigrant’s Assets . If the sponsor does not meet the income requirement using his or her own income and/or assets, the sponsor may include the net value (the total value of the assets less any offsetting liabilities) of the intending immigrant’s assets. The instructions to Part 6 of Form I-864 indicate that the intending immigrant does not need to complete Form I-864A if he or she is using his or her assets to qualify even if he or she has an accompanying spouse and/or children. Instead, the intending immigrant only needs to provide documentation showing the net value of all assets.

Hey,

thanks for your reply!! We have around 50000 EUR, that is around 70000 usd! It's good to know it's enough!!

Also, anothere option would be getting my wife's father as sponsor. He is a US citizen, but he lives in Japan even though he still files for taxes in the US: Would he be able to help us?

Also, can we count the net worth of my house that I own here in Italy (I own the 50%)?

thanks!!

I don't know about your house, I assume they would probably accept that as an asset even though it is not owned in the U.S., i'm sure someone else will have experience with this (it may vary consulate to consulate as well).

Your Father in Law would probably not qualify as a sponsor, unless he can prove domicile in the U.S. (as listed in my previous reference) - but why are you even concerned with your house or a joint sponsor when your cash assets more than cover it?

(d) Sponsor Requirements.

(1) General . A sponsor who completes Form I-864 must be all of the following:

· The petitioning relative or the relative who has a significant ownership interest in the petitioning entity;

· An individual (a sponsor cannot be a corporation, organization, or other entity);

· A citizen of the United States or a permanent resident (including conditional residents);

· At least 18 years of age;

· Domiciled in the United States, the District of Columbia, or any territory or possession of the United States (see section (d)(2) below).

[srac 0]

Hi ROB C!!! I am looking for an answer to your exact question, i really really hope you tell me what happened to your case, because i want to do exactly what you did, i havent ever worked before and want to file for my spouse, and want to use assets alone, to fill out the i-864 requirements, we have about 60,000 dollars combined assets. Though a majority of it is in her bank account overseas, what did you do exactly and did it work because i want to do exactly the same thing and would be forever greatful if you can tel lme what i have to do. Eg. what kinda papers i have to send from the bank etc.. and what do i fill out in the i-864 form, like unemployed since and what do i write in the tax portion since ive never filed tax before, i really am looking forward to your answer and to finding out what happened because i really cant get a co sponsor and have only this option thanks for your help!!!