I-864 and Assets

[mystic 11]

Hi,

Well interview coming up in a few days... too nervous of it. My husband knows all about me, though sometimes he cant always remember everything of course. I think he will do fine on interview.

I do have a question on my I-864. I sent this in to nvc and my income is just a few thousand short of the guideline requirement however, I do own my house, completely paid off, and listed that as an asset on there. I provided the deed and the tax assessment papers that show its value, and its value is well over the amount required for making up the difference in the income... The nvc sent this notice,,,,,,CORRESPONDENCE INSTRUCTIONS C

IMMIGRANT VISA APPLICATION Y

DS-230-II F

PASSPORT Y

BIRTH CERTIFICATE O

ADOPTION F

MARRIAGE CERTIFICATE O

MARRIAGE TERMINATION F

COURT RECORDS F

FINANCIAL EVIDENCE Y

CUSTODY PAPERS F

MILITARY RECORDS F

EGYPT POLICE CERTIFICATE O

FEE PAYMENT $

PHOTOGRAPH Y

PETITIONER MARRIAGE CERTIFICATE F

PETITIONER BIRTH CERTIFICATE

the letter Y shows that the financial evidence has been received and accepted,,,

now...

before this they sent out this.....

The NVC has received the information you have submitted in reference to

the Affidavit of Support. Please be advised that you, as the Petitioner, do

not appear to meet the minimum income requirement according to the

current poverty guidelines to sponsor the intending immigrant(s) for this

[OSP 10/21/2009]

petition. The consular officer will make a decision regarding this

requirement at the time of your interview. In order to avoid delays, you

may wish to submit an additional Affidavit of Support (Form I-864) for a

Joint Sponsor to the National Visa Center to assist in sponsoring the

Now, i called nvc and asked them about this, and mentioned that my assets on the form were more than enough to make up the difference in my income

and she said that nvc doesnt determine this, that the interviewer would decide if the assets could be used or not....

So

my question

does anyone know or has anyone else used their house as an asset to make up the difference and was it accepted.. or does the fact that the check list shows that the financial evidence has been received and accepted mean that it is fine?

I have a co sponsor ready and have already sent the papers to my husband to take to his interview with him. I would just rather not use it if we dont need it.

I told him to give the papers to them at the interview only if they say that my I-864 is not enough...

Is this right?

or should he give it to them first?

Is there a way to know if my I-864 was accepted and is enough?

Edited January 16, 2010 by mystic

[christeen 966]

The letter means that the NVC does not determine if you financially qualify, they have basically red flagged it as an issue for the Consulate to take a look at. The consulate makes the final determination. I have heard of some people having problems lately using the house as assets. They are citing the recent downturn in the market, plumetted values and the difficulty of selling the primary dwelling in the current market and the actuality of someone selling their primary home to support someone.. However it is totally up to the consulate.

But it is a great thing that you have all the documents to back you up with a co-sponsor. I have a feeling that you might, unfortunatly, end up having to use a co-sponsor. I know it is not the ideal situation, but it is a very good possibility that you will have to... Make sure that you send him with all the info for the co-sponsor... The consulate (based on this notification by NVC) will 100% ask about finances so he should be prepared when they do. We had the same letter and the first thing out of their mouth is that they needed more info on our assets (which we used to qualify as they did not consider the intending immigrants income, even though it was from and US company that he would work for once entering the US)

Anyway, as long as you have the co-sponsor you should be OK... Not saying they will definetly not accept the house, just be prepared that they probably will not...

[disconnection 4]

Hi,

Well interview coming up in a few days... too nervous of it. My husband knows all about me, though sometimes he cant always remember everything of course. I think he will do fine on interview.

I do have a question on my I-864. I sent this in to nvc and my income is just a few thousand short of the guideline requirement however, I do own my house, completely paid off, and listed that as an asset on there. I provided the deed and the tax assessment papers that show its value, and its value is well over the amount required for making up the difference in the income... The nvc sent this notice,,,,,,CORRESPONDENCE INSTRUCTIONS C

IMMIGRANT VISA APPLICATION Y

DS-230-II F

PASSPORT Y

BIRTH CERTIFICATE O

ADOPTION F

MARRIAGE CERTIFICATE O

MARRIAGE TERMINATION F

COURT RECORDS F

FINANCIAL EVIDENCE Y

CUSTODY PAPERS F

MILITARY RECORDS F

EGYPT POLICE CERTIFICATE O

FEE PAYMENT $

PHOTOGRAPH Y

PETITIONER MARRIAGE CERTIFICATE F

PETITIONER BIRTH CERTIFICATE

the letter Y shows that the financial evidence has been received and accepted,,,

now...

before this they sent out this.....

The NVC has received the information you have submitted in reference to

the Affidavit of Support. Please be advised that you, as the Petitioner, do

not appear to meet the minimum income requirement according to the

current poverty guidelines to sponsor the intending immigrant(s) for this

[OSP 10/21/2009]

petition. The consular officer will make a decision regarding this

requirement at the time of your interview. In order to avoid delays, you

may wish to submit an additional Affidavit of Support (Form I-864) for a

Joint Sponsor to the National Visa Center to assist in sponsoring the

Now, i called nvc and asked them about this, and mentioned that my assets on the form were more than enough to make up the difference in my income

and she said that nvc doesnt determine this, that the interviewer would decide if the assets could be used or not....

So

my question

does anyone know or has anyone else used their house as an asset to make up the difference and was it accepted.. or does the fact that the check list shows that the financial evidence has been received and accepted mean that it is fine?

I have a co sponsor ready and have already sent the papers to my husband to take to his interview with him. I would just rather not use it if we dont need it.

I told him to give the papers to them at the interview only if they say that my I-864 is not enough...

Is this right?

or should he give it to them first?

Is there a way to know if my I-864 was accepted and is enough?

yes that's true and the consular is the one who decides if you are financially ok or if you need to use anything else , but when you have some house then that is an asset and you can use it for sure , but the asset value should cover 3 times the difference between your income and the requirements so i am not sure if the value covers that , but anyways let you husband take the joint sponsor documents with him such in case and everything will be fine

good luck

[christeen 966]

yes that's true and the consular is the one who decides if you are financially ok or if you need to use anything else , but when you have some house then that is an asset and you can use it for sure , but the asset value should cover 3 times the difference between your income and the requirements so i am not sure if the value covers that , but anyways let you husband take the joint sponsor documents with him such in case and everything will be fine

good luck

Not necessarily "for sure" they have to use it or qualify it as an asset. It is totally up to the consulate if they accept it... In MANY recent cases they would not consider the house an asset because it is unlikely that you would sell your only home, the house values have plummeted and it is very difficult to sell a house witha year to convert to cash in the current economy...

Another example of the autonomy of the consulate to determine what they will and will not accept, we were using assets totaling over 25 times the 125% but the assets were in Italy, the consulate refused to consider ANY assets in Italy and we had to show 3x the 125% in the USA under the USCs name, period... But you have the co-sponsor and as long as they earn enough to cover everything you should be OK...

[disconnection 4]

Not necessarily "for sure" they have to use it or qualify it as an asset. It is totally up to the consulate if they accept it... In MANY recent cases they would not consider the house an asset because it is unlikely that you would sell your only home, the house values have plummeted and it is very difficult to sell a house witha year to convert to cash in the current economy...

Another example of the autonomy of the consulate to determine what they will and will not accept, we were using assets totaling over 25 times the 125% but the assets were in Italy, the consulate refused to consider ANY assets in Italy and we had to show 3x the 125% in the USA under the USCs name, period... But you have the co-sponsor and as long as they earn enough to cover everything you should be OK...

if you were reading the instructions carefully and the FAM then you would know that there are some rules that the consular follows , and one of them is that the value of the assets should be able to be cash within a year and to be in the US too , so your house in italy was not an option as i know .

but anyways she has no problems as her husband will be at the interview with a joint sponsor such in case

good luck for both of you during your journey and may God bless us all and give us the patience that we need to complete our journey

[mystic 11]

Im a little less than 3,000 short of the requirement so 9,000 - a few hundred is required in assets, the tax assessment for 2009 was 50,700 for house as well as a couple thousand in savings which i sent all papers to prove on both things, house is in usa and my name only.

But yes, i have sent the co sponsor papers to husband and instructed him to give them only if we have to have them.....

hoping we will be fine without Inshallah

but praying harder for an approval

thank you for the wishes and i hope everything goes well with everyones cases

Edited January 18, 2010 by mystic

[christeen 966]

if you were reading the instructions carefully and the FAM then you would know that there are some rules that the consular follows , and one of them is that the value of the assets should be able to be cash within a year and to be in the US too , so your house in italy was not an option as i know .

but anyways she has no problems as her husband will be at the interview with a joint sponsor such in case

good luck for both of you during your journey and may God bless us all and give us the patience that we need to complete our journey

FYI, it was CASH in an Italian bank, we did not even list the apartment and they did not consider it... I know what the rules say, I am just saying that it is up to the consulate if they will consider it!!! And recently I can name 5 cases where consulate did not accept homes because of the resons listed above... So to the OP, be prepared to use the co-sponsor, that is all that I am saying... It is totally up to the consulate...