I-864 - Assets Only?

[elsoar 3]

Does anyone have any experience using assets as the basis for showing adequate means of financial support using the I-864? Is it possible to qualify based on just assets (eg, showing no income)? I know with assets you have to show 3 times the 125% of the poverty line if you are sponsoring a spouse. Reason I ask is we're doing a DCF filing and therefore both living in Canada at the moment. Therefore neither the sponsor nor spouse have US based income. Hopefully, I will continue my Canada based job by teleworking from the US in the future, and therefore would use that income for the I-864, but want to cover all my bases (plus I read a post somewhere on VJ where some DCFer was not allowed to count their non-US based income as income! was that true??). If I'm going to need a joint sponsor I'm sure I can get one but it would be better to know sooner than later.

Thanks for any advice,

Elly

[July09Bride 1]

That's a really good question, Elly! In fact, it made me think of another question.

We're doing the K1 Visa, and on the I-134 I've filled out (can do another one if needed) I didn't include my assests... i.e. my 403b (think 401K for teachers). Should I have included them? Or, will my salary alone work? I make more than the 125% of poverty. Hmmm...

[MrsCat 6]

Sorry elsoar, I don't know the answer to your question. Hope someone here answers.

But for JulyBride, as long as you show above the 125% level, you'll be fine, they could care less about assets if your American income is enough. We didn't provide anything but Chris' salary.

[trailmix 77]

Does anyone have any experience using assets as the basis for showing adequate means of financial support using the I-864? Is it possible to qualify based on just assets (eg, showing no income)? I know with assets you have to show 3 times the 125% of the poverty line if you are sponsoring a spouse. Reason I ask is we're doing a DCF filing and therefore both living in Canada at the moment. Therefore neither the sponsor nor spouse have US based income. Hopefully, I will continue my Canada based job by teleworking from the US in the future, and therefore would use that income for the I-864, but want to cover all my bases (plus I read a post somewhere on VJ where some DCFer was not allowed to count their non-US based income as income! was that true??). If I'm going to need a joint sponsor I'm sure I can get one but it would be better to know sooner than later.

Thanks for any advice,

Elly

Hi Elly,

We were both living in Canada too and solely used assets - the answer is yes.

They will not consider your Canadian income - unless it will continue from the same source when you move to the U.S.. You mention that might be a possibility - however they will want to see proof that it will, not that it may.

[elsoar 3]

We were both living in Canada too and solely used assets - the answer is yes.

That's great! I know the assets will still be there - not so sure about the job - so I will focus on preparing evidence for the assets. Very relieved to confirm this!

Elly

[trailmix 77]

We were both living in Canada too and solely used assets - the answer is yes.

That's great! I know the assets will still be there - not so sure about the job - so I will focus on preparing evidence for the assets. Very relieved to confirm this!

Elly

No problem. Just a couple of things to remember. When the beneficiary goes for the interview - do bring your Canadian tax returns (your as in the sponsor's) - just in case. While they are completely useless in terms of the affidavit of support - they did ask me to send mine to NVC (we did not DCF).

Secondly, the U.S. citizen should also provide 3 years of U.S. tax returns at the interview - 06, 07 and 08.

Also, don't forget about proving U.S. domicile: Proving domicle when not living in the U.S., Even if you have never lived in the U.S.

Edited April 11, 2009 by trailmix

[elsoar 3]

No problem. Just a couple of things to remember. When the beneficiary goes for the interview - do bring your Canadian tax returns (your as in the sponsor's) - just in case. While they are completely useless in terms of the affidavit of support - they did ask me to send mine to NVC (we did not DCF).

Secondly, the U.S. citizen should also provide 3 years of U.S. tax returns at the interview - 06, 07 and 08.

Also, don't forget about proving U.S. domicile: Proving domicle when not living in the U.S., Even if you have never lived in the U.S.

Yeah, I'm working on the domicile thing now -- if only we knew what state we were going to move to it would make things so much easier! If we get the interview scheduled before we figure that out, I will try to document reestablishment of residence at my parent's place (still my US address on a few bank accounts and voter registration, etc.). I'm particularly worried about domicile as it seems so subjective. Sounds like if the adjudictor is in a good mood they accept your US bank accounts and proof of voter registration and that's it - and if they're not the sky is the limit for what kind of proof they might want... Good tip about the Canadian tax forms btw, I would not have thought of that.