Request for Intial Evidence I-485 question....

[felipe2121 0]

Looked in my mail today and got this nice pink letter, saying I need to submit evidence of assets that meet the federal poverty line, as of right now my spouse makes $13,883.00 and she has savings of $9,000.00 in our joint bank account.

I am about to go to the bank tommorow and get a letter from a bank officer, the USCIS ask for the last 12 months account activity etc.. the only question arises beacuse we havent had our joint bank account for more than 12 months in fact less than 6, will they care if the assets have been in that bank account for under 12 months?

Thanks

[Danu 19]

If its a brand new account can you get a copy of her last years deposits on her single account as well? That may help to show where the money was beforehand.

[trillium13 84]

From the pinned topic atop this section:

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement.

For a household of 2, the minimum requirement is 18,212. The difference between your spouse's income and this amount is $4329. If you go by what it says above, your assets would need to be at least $21,645. If I'm figuring this all out right, you won't meet the requirements, and you'll need a joint sponsor.

http://www.visajourney.com/forums/index.php?showtopic=308

Edited March 3, 2010 by trillium13

[felipe2121 0]

From the pinned topic atop this section:

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement.

For a household of 2, the minimum requirement is 18,212. The difference between your spouse's income and this amount is $4329. If you go by what it says above, your assets would need to be at least $21,645. If I'm figuring this all out right, you won't meet the requirements, and you'll need a joint sponsor.

http://www.visajourney.com/forums/index.php?showtopic=308

A immigration attorney explained to me that the lack of income can be made up by assets that can be shown in the bank account the income by my spouse in 2009 is $13,883.00, my spouse has $9,000 in Assets from savings over the last years mostly tips which until recently werent placed in our joint bank account as we didnt have a joint bank account. So that would make it $22,883.00.

Isnt that correct?

[trillium13 84]

A immigration attorney explained to me that the lack of income can be made up by assets that can be shown in the bank account the income by my spouse in 2009 is $13,883.00, my spouse has $9,000 in Assets from savings over the last years mostly tips which until recently werent placed in our joint bank account as we didnt have a joint bank account. So that would make it $22,883.00.

Isnt that correct?

I'm just going by what it says in the guide posted here. That amount of assets doesn't amount to 5 times the difference between the %125 poverty line and your wife's income. I don't know what is correct, but from what I've heard of lawyers on this board I'd tend to go with what's posted here, as to what might be right.

Maybe someone who has actually tried to use assets to supplement will post here. Have you tried a search on that subject?

[felipe2121 0]

I'm just going by what it says in the guide posted here. That amount of assets doesn't amount to 5 times the difference between the %125 poverty line and your wife's income. I don't know what is correct, but from what I've heard of lawyers on this board I'd tend to go with what's posted here, as to what might be right.

Maybe someone who has actually tried to use assets to supplement will post here. Have you tried a search on that subject?

I did try to search but couldnt really find anything, the only thing I did find is if your ONLY useing your assets it needs to be 5 times, nothing if useing Income and assets combined it only makes sense since there are people like my wife that make a yearly income but also have tips that are not necessarly claimed, Limo and taxi drivers come to mind specialy here in las vegas.

[trillium13 84]

I did try to search but couldnt really find anything, the only thing I did find is if your ONLY useing your assets it needs to be 5 times, nothing if useing Income and assets combined it only makes sense since there are people like my wife that make a yearly income but also have tips that are not necessarly claimed, Limo and taxi drivers come to mind specialy here in las vegas.

Where was that information? In the guide I posted it says 5 times the difference between household income and 125% poverty line, which would be the math I showed you earlier. I'm not trying to be argumentative, I just want you to have your information right before you move forward.

This is really none of my business, but that is not much to live on, is it? We are pretty much just making it at more than twice that amount.

[felipe2121 0]

Where was that information? In the guide I posted it says 5 times the difference between household income and 125% poverty line, which would be the math I showed you earlier. I'm not trying to be argumentative, I just want you to have your information right before you move forward.

This is really none of my business, but that is not much to live on, is it? We are pretty much just making it at more than twice that amount.

I really appreciate your help, I am just thinking logicaly here, the difference between 13,883.00 and 18,212.00 is 4,329 so your saying it would have to be 5 x 4,329 for a total of: $21,645 just in Assets? Even if the income is already $13,883.00 a year?

Edited March 3, 2010 by felipe2121

[trillium13 84]

I really appreciate your help, I am just thinking logicaly here, the difference between 13,883.00 and 18,212.00 is 4,329 so your saying it would have to be 5 x 4,329 for a total of: $21,645 just in Assets? Even if the income is already $13,883.00 a year?

Yes.

Read section 29 of the I864 instructions:

http://www.uscis.gov/files/form/i-864.pdf

[VanessaTony 3,567]

I did try to search but couldnt really find anything, the only thing I did find is if your ONLY useing your assets it needs to be 5 times, nothing if useing Income and assets combined it only makes sense since there are people like my wife that make a yearly income but also have tips that are not necessarly claimed, Limo and taxi drivers come to mind specialy here in las vegas.

If you read the I-864 instructions here: http://www.uscis.gov/files/form/i-864.pdf specifically page 9, "In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

Therefore: $18,212.00-13,883.00 = $4,329

She will need $4329 x 3 = $12,987 in the bank and/or in assets.

Please re-read the instructions as other assets such as a home etc can be included. Page 8 also discusses using a vehicle (as long as you own more than one)

Edited March 3, 2010 by Vanessa&Tony

[trillium13 84]

If you read the I-864 instructions here: http://www.uscis.gov/files/form/i-864.pdf specifically page 9, "In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

Therefore: $18,212.00-13,883.00 = $4,329

You will need $4329 x 3 = $12,987 in the bank.

Ah! Thanks, some reading comprehension failing on my part.

But yeah, still not enough.

[felipe2121 0]

Ah! Thanks, some reading comprehension failing on my part.

But yeah, still not enough.

What if she just adds more assets to the bank account and sends in a current bank letter with like $14,000.00 would this create complications? She can back this up beacuse of tips she makes in her profession.

[trillium13 84]

What if she just adds more assets to the bank account and sends in a current bank letter with like $14,000.00 would this create complications? She can back this up beacuse of tips she makes in her profession.

From what I'm reading, I don't think it has to be all necessarily from one specific account, although there are some requirements (also in the instructions). Does your wife have more in another savings or something?

[felipe2121 0]

From what I'm reading, I don't think it has to be all necessarily from one specific account, although there are some requirements (also in the instructions). Does your wife have more in another savings or something?

No she closed her old account and now she just has as stupid as it sounds a joint account with me and some savings under the mattress, if she does decide to add more assets and then sends a Bank officer letter how would the USCIS react, should we include a Letter of Explenation?

Thanks

[trillium13 84]

What evidence did you send initially? As far as what they are going to accept and what they aren't, I really have no idea. Sorry. I do think that anything you can provide is only going to help you.

Do you have someone who can be a joint sponsor, if necessary?

Edited March 3, 2010 by trillium13