AOS RFE Affidavit of Support

[Clownies 2]

Well well well, I'm getting frustrated beyond belief here!

I just got an RFE for my AOS, saying that my wife doesn't meet the financial requirements. The thing is, being unemployed, she used my assets (savings, life insurance, apartment). Immigration Services requires us to reach 5 times the difference between what she has and the 125% poverty line. Well, with my assets, we reach 8 times the difference!! And still it's not enough apparently! I don't understand those people! I have money, i have assets, so why are they giving us a hard time?

Ok, I know what you guys are gonna say: find a joint-sponsor! Sure, we'll try, but what if we can't find one?

Don't you think they would be easier ways, for everyone? Like saying, nobody needs an Affidavit to immigrate, but you won't be able to rely on US social security for a period of 10 years!

Wishful thinking, we're in the US after all!

But I do have an appointment for Biometrics next Wednesday!

[pj1959us 0]

Under the current guidelines if you refer to the I-864 instructions, it states that someone else's income/assets can only be included if they have resided in the home for 6 months. If you haven't lived together for 6 months or more, then only your wife's income/assets could be considered and if she doesn't make enough then a joint sponsor would be required.

I believe I read those stipulations are changing as of July possibly, but I don't know if that helps in your situation since your documents were submitted before any changes.

Best of luck to you.

[Clownies 2]

Under the current guidelines if you refer to the I-864 instructions, it states that someone else's income/assets can only be included if they have resided in the home for 6 months. If you haven't lived together for 6 months or more, then only your wife's income/assets could be considered and if she doesn't make enough then a joint sponsor would be required.

I believe I read those stipulations are changing as of July possibly, but I don't know if that helps in your situation since your documents were submitted before any changes.

Best of luck to you.

In the same instructions, a paragraph states that the US citizen can use the immigrants assets. The 6 months aren't mentioned in that paragraph.

Another paragraph does mention those 6 months, when a member of the household is used for the application. But here it doesn't specify wether or not this is the immigrant.

Any lawyers here?

[*Robert* 2]

Sorry to hear about the RFE. Hope you can get a joint sponsor.

[Yodrak 7]

Clownies,

You seem to understand correctly - the 6 months applies to using a Household Member's (who could be the immigrant) income. It does not apply to using the immigrant spouse's assets. The assets must be convertable into cash that can be available in the USA within 1 year. Did you demonstrate this?

By the way, I'm not an immigration lawyer. You may want to take the I-864 package you submitted to one for an knowledgable review.

Yodrak

Under the current guidelines if you refer to the I-864 instructions, it states that someone else's income/assets can only be included if they have resided in the home for 6 months. If you haven't lived together for 6 months or more, then only your wife's income/assets could be considered and if she doesn't make enough then a joint sponsor would be required.

I believe I read those stipulations are changing as of July possibly, but I don't know if that helps in your situation since your documents were submitted before any changes.

Best of luck to you.

In the same instructions, a paragraph states that the US citizen can use the immigrants assets. The 6 months aren't mentioned in that paragraph.

Another paragraph does mention those 6 months, when a member of the household is used for the application. But here it doesn't specify wether or not this is the immigrant.

Any lawyers here?

Edited June 26, 2006 by Yodrak

[Clownies 2]

Clownies,

You seem to understand correctly - the 6 months applies to using a Household Member's (who could be the immigrant) income. It does not apply to using the immigrant spouse's assets. The assets must be convertable into cash that can be available in the USA within 1 year. Did you demonstrate this?

By the way, I'm not an immigration lawyer. You may want to take the I-864 package you submitted to one for an knowledgable review.

Yodrak

Yodrak,

Savings and life insurance, de facto immediately converted in cash. My appartment convertible in cash once i put it out in the market. Instructions says assets have to be convertible in cash within one year, so i'm good here too. I have paper from the Notary saying how much it was worth at the time i purchased it, and a paper from a real estate agent saying how much it's worth now. I exceed 8 times the requirements, instead of 5. The more: with the new guidelines, as of July 21, those requirements are lowered to 3 times the difference between income and 125% poverty level, AND the 6 months aren't required anymore!

I have an infopass today to find out more about it...

[Donal78 0]

Clownies,

You seem to understand correctly - the 6 months applies to using a Household Member's (who could be the immigrant) income. It does not apply to using the immigrant spouse's assets. The assets must be convertable into cash that can be available in the USA within 1 year. Did you demonstrate this?

By the way, I'm not an immigration lawyer. You may want to take the I-864 package you submitted to one for an knowledgable review.

Yodrak

Yodrak,

Savings and life insurance, de facto immediately converted in cash. My appartment convertible in cash once i put it out in the market. Instructions says assets have to be convertible in cash within one year, so i'm good here too. I have paper from the Notary saying how much it was worth at the time i purchased it, and a paper from a real estate agent saying how much it's worth now. I exceed 8 times the requirements, instead of 5. The more: with the new guidelines, as of July 21, those requirements are lowered to 3 times the difference between income and 125% poverty level, AND the 6 months aren't required anymore!

I have an infopass today to find out more about it...

Sorry to hear that.I got a rfe posted on the 23rd for more information.It should arrive today or tomorrow and i have a feeling i could be in the say boat.

[timelena 0]

Savings and life insurance, de facto immediately converted in cash.

Clownies,

I am not an expert, but does life insurance serves the purpose to support YOU? Life and DISABILITY insurance could serve this purpose, but only life insurance

[Yodrak 7]

Clownies,

If you don't get satisfaction at the InfoPass appointment you might want to take the financial information package to an immigration attorney for a review of how it looks. If the attorney agrees that what you have should be adequate then perhaps hire them to write a response to the RFE detailing how the requirements are in fact being met.

Yodrak

Clownies,

You seem to understand correctly - the 6 months applies to using a Household Member's (who could be the immigrant) income. It does not apply to using the immigrant spouse's assets. The assets must be convertable into cash that can be available in the USA within 1 year. Did you demonstrate this?

By the way, I'm not an immigration lawyer. You may want to take the I-864 package you submitted to one for an knowledgable review.

Yodrak

Yodrak,

Savings and life insurance, de facto immediately converted in cash. My appartment convertible in cash once i put it out in the market. Instructions says assets have to be convertible in cash within one year, so i'm good here too. I have paper from the Notary saying how much it was worth at the time i purchased it, and a paper from a real estate agent saying how much it's worth now. I exceed 8 times the requirements, instead of 5. The more: with the new guidelines, as of July 21, those requirements are lowered to 3 times the difference between income and 125% poverty level, AND the 6 months aren't required anymore!

I have an infopass today to find out more about it...

Edited June 26, 2006 by Yodrak

[Clownies 2]

Savings and life insurance, de facto immediately converted in cash.

Clownies,

I am not an expert, but does life insurance serves the purpose to support YOU? Life and DISABILITY insurance could serve this purpose, but only life insurance

Well it is called Life Insurance, but actually it's basically just a savings account with a high interest rate. I can retrieve and deposit money anytime i want. Actually it's not really a life insurance. I don't know why they call it that way.

Clownies,

If you don't get satisfaction at the InfoPass appointment you might want to take the financial information package to an immigration attorney for a review of how it looks. If the attorney agrees that what you have should be adequate then perhaps hire them to write a response to the RFE detailing how the requirements are in fact being met.

Yodrak

I got back from the Infopass, and got some satisfaction indeed (I hope). The officer basically said that the people working on the case don't really understand what they're doing.

He told me to fill in a new Affidavit, the newest version effective July 21st, but can already be used. With this new Affidavit, which is supposed to be clearer and easier, the petitioner can use my assets.

So here i go downloading this thing and hopefully send it tomorrow!

Let this be good news for all people starting on their AOS application!

Wish me luck!

Edited June 27, 2006 by Clownies

[Canuck Carrie 1]

I hope you figure it out quickly and successfully.

*Goes off to look at this new I-864*... I get the equivalent of $900 US a month from Canada and couldn't use it because of the dang 6 month 'rule'.

Edited June 27, 2006 by Canuck Carrie

[Clownies 2]

Yeah well, I just checked that so called EZ Affidavit.. I CAN NOT use the darn thing! The petitioner can use it when he or she only wants to use his or her income. Assets are not being mentioned here! What's wrong with those people at CSC??

I think i'm gonna apply for a job there, once i have my EAD. At least I KNOW what this is all about!

I'm just wondering, maybe the officer working on my case in Chicago didn't see the attached sheet with the list of my assets.. Naaah! They're not that stupid! Are they? hmmm...

I guess I'm gonna sleep over it, and call the 1-800 number tomorrow... Better have a cup of coffee and a newspaper handy all the while being on hold...

[meauxna 15]

Clownies,

Only other thing I didn't see you mention was mortgage info on the apartment---do you owe anything on it?

If so, only the equity may count as an asset (value minus what you owe).

But I suspect that whoever reviewd your data at wherever they do that now doesn't understand the finer points. Do as Yodrak suggests and get someone legal-like to review it, or, resubmit with everything spelled out more slowly for them.

[Clownies 2]

Clownies,

Only other thing I didn't see you mention was mortgage info on the apartment---do you owe anything on it?

If so, only the equity may count as an asset (value minus what you owe).

But I suspect that whoever reviewd your data at wherever they do that now doesn't understand the finer points. Do as Yodrak suggests and get someone legal-like to review it, or, resubmit with everything spelled out more slowly for them.

no mortgage, no loan, no nothing. I owe it, it's mine. I was smart enough not to sell it so i'll always have a backup plan in case anything goes wrong here. Plus it's a good investment.

I'm gonna try calling the uscis 1-800 number, then go to an immigration lawyer.

They have an immigration lawyers office right in front of the San Francisco USCIS office. How convenient!

Smart lawyers!

[meauxna 15]

Not 1-800#!!!

boy, you ARE a glutten for punishement!