Question about I-864?

[smiley1 3]

Hi,

We are scheduled for our interview on April 15. For 2008 my husband had more than the minimum requirement for 2 persons but for 2009 we only had $14000. Since we will be interviewed on the last day for filing the taxes do we need the taxes for 2009? We will have them with us but I want to ask about assets: my husband owns our apartment, he also owns a parking space purchased with $25000 whose value now is more than $35000.He also has 2 cars.

Do you know what kind of documents do we need to provide if we use those assets?Do we need some apraisal do be done? Also I signed a contract for a job which will start on July and the salary is more than enough. Do you think that I can show the contract even if it was signed while my EAD was pending?

Thank you for your help.

[Otto 83]

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Putting tax returns aside for a moment. Does your husband earn over the minumum required for your household size currently?

[smiley1 3]

[

Putting tax returns aside for a moment. Does your husband earn over the minumum required for your household size currently?

Yes he does. He has his own business.If he shows copies of his last few checks is it going to be enough? Do you know anything about using those assests?

[Nik+Heather 121]

I am not all that great on self employed or business owners. I was looking at how they might consider previous years and sort of average things out, but couldn't find it just now. Maybe he could consider taking fewer deductions so that he can show an income above the poverty line? I know that this has been an issue in the past - Lots of money comes in but they get too aggressive in deducting things so that the adjusted gross becomes too small for sponsorship.

The instructions say that the income of the immigrant can be used if that income will continue from the same source, so you should bring your employment contract with you as proof of future income. (See page 7 of the instructions under heading 24. Annual Household Income)

I think you'll find information on how to use assets in part 7 of the I-864 instructions which is on page 8 of the I-864. You need to provide proof of ownership and proof of the value and other things depending on what it is.

So for example, to use a car, you would need to show proof of the following things:

1. It is a second car (So, two titles - one for the car used as the asset, one for the "primary" car)

2. Value (Perhaps print the page for the Kelly Blue Book price - or similar cars on cars.com etc)

For the parking space ($35,000?!) you'd have to show the same types of things (Proof of ownership, proof of value) - maybe for something that expensive it could be assessed somehow? No clue - but if you want to use it, you need some sort of documentation for how much money he could get for it. If it is something sold by the community you live in, I don't think you can count what it costs from the source. As they are still selling spots, he would have to offer his at a lower price to move it. Maybe there are some records he could lay his hands on for how much they were sold on a secondary basis.

Edited to add: They may not ask for any update at all. It may be a reasonable gamble to go in hoping they don't ask about 2009 income at all. For us, there were no updates requested for the I-864 at all. No updated pay stubs or anything.

Edited March 24, 2010 by Nik+Heather

[smiley1 3]

I am not all that great on self employed or business owners. I was looking at how they might consider previous years and sort of average things out, but couldn't find it just now. Maybe he could consider taking fewer deductions so that he can show an income above the poverty line? I know that this has been an issue in the past - Lots of money comes in but they get too aggressive in deducting things so that the adjusted gross becomes too small for sponsorship.

The instructions say that the income of the immigrant can be used if that income will continue from the same source, so you should bring your employment contract with you as proof of future income. (See page 7 of the instructions under heading 24. Annual Household Income)

I think you'll find information on how to use assets in part 7 of the I-864 instructions which is on page 8 of the I-864. You need to provide proof of ownership and proof of the value and other things depending on what it is.

So for example, to use a car, you would need to show proof of the following things:

1. It is a second car (So, two titles - one for the car used as the asset, one for the "primary" car)

2. Value (Perhaps print the page for the Kelly Blue Book price - or similar cars on cars.com etc)

For the parking space ($35,000?!) you'd have to show the same types of things (Proof of ownership, proof of value) - maybe for something that expensive it could be assessed somehow? No clue - but if you want to use it, you need some sort of documentation for how much money he could get for it. If it is something sold by the community you live in, I don't think you can count what it costs from the source. As they are still selling spots, he would have to offer his at a lower price to move it. Maybe there are some records he could lay his hands on for how much they were sold on a secondary basis.

Edited to add: They may not ask for any update at all. It may be a reasonable gamble to go in hoping they don't ask about 2009 income at all. For us, there were no updates requested for the I-864 at all. No updated pay stubs or anything.

Thank you for taking the time to answer my questions....

With the assets you have to gather so many proofs. I wish I knew that my interview is so close to the April 15 and we would have done less deductions.

Everything is so subjective with the assests.Do you think we could just use the purchase agreement proving that we paid $25.500 in cash?

This should cover the difference that we need. The last parking spot sold here was sold with $38000( Center city highrise building with 60 parking spots for around 400 apartments). With the apartment is more difficult because I need the mortgage documents, initial mortgage , current mortgage and current value which is difficult to asses because the apartments are so different.

Thanks again.

[Nik+Heather 121]

Thank you for taking the time to answer my questions....

With the assets you have to gather so many proofs. I wish I knew that my interview is so close to the April 15 and we would have done less deductions.

Everything is so subjective with the assests.Do you think we could just use the purchase agreement proving that we paid $25.500 in cash?

This should cover the difference that we need. The last parking spot sold here was sold with $38000( Center city highrise building with 60 parking spots for around 400 apartments). With the apartment is more difficult because I need the mortgage documents, initial mortgage , current mortgage and current value which is difficult to asses because the apartments are so different.

Thanks again.

I think it would be difficult to use the primary residence as assets anyway. For many places, the values have gone down so far that even people who borrowed/bought in conventional 20% down ways are now finding they owe more than their home is worth. Also, it would be difficult to prove that you could sell the place you are living without significant hardship (ie where will you live??)

I seriously doubt that your AOS would be denied outright if you didn't have updated financial support documents at the interview. You are only required to bring the I-864 if it wasn't already submitted (you did, with all the requirements you needed to at the time). If you were to do nothing right now, or simply start gathering information and documentation together now, but not give anything at the interview, I believe there is a very good chance that they won't even ask about 2009 taxes.

If they do, you will more than likely get an RFE requiring updated financial info. You could probably even request a longer RFE response time - say 90 days (our interview RFE was 30 days).

At that point, I would recommend that your husband pursue amending his tax return to take fewer deductions and show more income. He can then provide that amended return showing sufficient income. Or, if you have gathered some asset information, do a combination of both (to minimize taxes).

The strategy above at best means that you don't have to do anything, and at worst increases the time you have to show sufficient 2009 income or assets.

[smiley1 3]

I think it would be difficult to use the primary residence as assets anyway. For many places, the values have gone down so far that even people who borrowed/bought in conventional 20% down ways are now finding they owe more than their home is worth. Also, it would be difficult to prove that you could sell the place you are living without significant hardship (ie where will you live??)

I seriously doubt that your AOS would be denied outright if you didn't have updated financial support documents at the interview. You are only required to bring the I-864 if it wasn't already submitted (you did, with all the requirements you needed to at the time). If you were to do nothing right now, or simply start gathering information and documentation together now, but not give anything at the interview, I believe there is a very good chance that they won't even ask about 2009 taxes.

If they do, you will more than likely get an RFE requiring updated financial info. You could probably even request a longer RFE response time - say 90 days (our interview RFE was 30 days).

At that point, I would recommend that your husband pursue amending his tax return to take fewer deductions and show more income. He can then provide that amended return showing sufficient income. Or, if you have gathered some asset information, do a combination of both (to minimize taxes).

The strategy above at best means that you don't have to do anything, and at worst increases the time you have to show sufficient 2009 income or assets.

Thanks again!

You are right. I will gather everything I can( car titles,purchase agreement, mortgage and market values of apartment and parking)and only present them if I will be asked.

About my job contract do you thing I should show it since I signed that while my EAD was pending ?( my job will start on July first and I will have salary of $55K)

[Nik+Heather 121]

Thanks again!

You are right. I will gather everything I can( car titles,purchase agreement, mortgage and market values of apartment and parking)and only present them if I will be asked.

About my job contract do you thing I should show it since I signed that while my EAD was pending ?( my job will start on July first and I will have salary of $55K)

I am not a lawyer, but I do not believe that it is against the law to pursue a contract to begin working on a date after you anticipate receipt of documents which would legally allow you to be employed. You cannot be in unpaid "training" nor can you "volunteer" and complete the duties of your job for free. If you are just waiting to start in July, I really don't see why that would be an issue.

If asked about that aspect, you know the right answer is "Of course, my start date depends on my having the appropriate documents!"

[smiley1 3]

Thank you so much for your advice and for taking the time to read and write me back.