Assets not being counted???

[jamerican 2]

What to do???

I called NVC and found out that we got a RFE "didn't meet income guidelines"...ok, I knew that so I included assets to compensate. I am a student who up until a month ago wasn't working so I filled out the paperwork as "unemployed" but provided $300k in assets to make up the difference from my last tax return-which was $6000 short of the 125% poverty level. I thought that they x the difference by 5 or 10 years to come up with what is needed in assets? Am I wrong??? I haven't gotten the letter yet explaining in more detail the RFE-although I am not sure it will go into much more detail.....

I know the easy way to correct the situation is to get a co-sponsor BUT what if that isn't an option???

I am an independant contractor so that I suppose is another issue as far as having my employer write a letter too??? Ughhhhhhh

[Darnell 8,478]

300K in assets?

three hundred thousand dollars?

IMO, some 'assessment' needs to be done by NVC person.

It may be, that no assessment was done, was oversight. If that's indeed the case, then call in to NVC, ask for supervisor, and then request 2nd review of assets addendum. (I'm assuming you included this addendum, yes? so NVC already has it in the casefile )

Good Luck !

Edited June 15, 2010 by Darnell

[NigeriaorBust 4,087]

What kind of assets ? If you used a house did you offset it by the amount owed and show a recent appraisal ? Did you show proof of any other assets you included ?

[jamerican 2]

What kind of assets ? If you used a house did you offset it by the amount owed and show a recent appraisal ? Did you show proof of any other assets you included ?

Assets are a House...I included the current county tax assesment and my current mortgage showing what is owed..... I didn't think I would need any other assets as I only owe $100k on a $400k assesed value home...

Darnell....what is this...review of assets addendum?? maybe that is the problem cause I just filled out the AOS and where it asks about assets I filled that out & included the proof. Did I miss something??

[Darnell 8,478]

maybe ya missed something ? when using a house, must include recent appraisal, from licensed appraiser, with his/her signature and seal/chop. If you did that, already, then someone at NVC is a retard, being uber douchey about reading.

But maybe I was too fast, slinging words together.

Assets Addendum - yet another piece o paper to include with the I-864 (could be multiple pages, as well)

Reivew of assets addendum - clerk at NVC does an eyeball review of the 'assets addendum' included with the I-864, does some mathematical computations.

IMO, even with 300K in equity in a house, you SHOULD be able to liquidate in 20 days, acrruing 200K in cash, to go forth with 'assets computations' ...

BUT - what I'm saying, is that is possibility that NVC clerk NOT review the equity position in the house OR they denied it, in toto, without the appraiser's document.

If you included the appraiser's document, then it's time to get NVC to 'do something' - ie - review the frickin paperwork again.

If you did not include the appraiser's document - then, IMO, submit NEW I-864, with NEW stuff in it, to include the appraiser's document.

Good Luck !

Edited June 15, 2010 by Darnell

[jamerican 2]

maybe ya missed something ? when using a house, must include recent appraisal, from licensed appraiser, with his/her signature and seal/chop. If you did that, already, then someone at NVC is a retard, being uber douchey about reading.

But maybe I was too fast, slinging words together.

Assets Addendum - yet another piece o paper to include with the I-864 (could be multiple pages, as well)

Reivew of assets addendum - clerk at NVC does an eyeball review of the 'assets addendum' included with the I-864, does some mathematical computations.

IMO, even with 300K in equity in a house, you SHOULD be able to liquidate in 20 days, acrruing 200K in cash, to go forth with 'assets computations' ...

BUT - what I'm saying, is that is possibility that NVC clerk NOT review the equity position in the house OR they denied it, in toto, without the appraiser's document.

If you included the appraiser's document, then it's time to get NVC to 'do something' - ie - review the frickin paperwork again.

If you did not include the appraiser's document - then, IMO, submit NEW I-864, with NEW stuff in it, to include the appraiser's document.

Good Luck !

Thank you sooo much Darnell....I have to admit, IT WAS ME...I didn't include (nor know about) this assets addendem so I guess I was the RETARD You have given me a ray of sunshine...I will research this and get on top of it! ALTHOUGH...just looking at a previous post from another member going through the Jamaican Embassy...although they met the income they were still required to get a co-sponsor due to being laid off in 09...so, sounds like I may still be up against the co-sponsor problem

[pushbrk 12,883]

Thank you sooo much Darnell....I have to admit, IT WAS ME...I didn't include (nor know about) this assets addendem so I guess I was the RETARD You have given me a ray of sunshine...I will research this and get on top of it! ALTHOUGH...just looking at a previous post from another member going through the Jamaican Embassy...although they met the income they were still required to get a co-sponsor due to being laid off in 09...so, sounds like I may still be up against the co-sponsor problem

You may have a problem, yes. Usually NVC will tell you your income doesn't qualify and suggest you "may want to" secure a joint sponsor but the Consular officer will make the determination. They'll send the same notice to anybody who doesn't qualify on income regardless of how much they show in liquid assets. Read the notice carefully. Unless they are specifically requesting something be sent to them, don't send NVC anything more.

However, the Consular officer WILL evaluate the assets and if there's no appraisal and mortgage statement, he won't be able to consider the home equity at all. So, make sure you provide a corrected affidavit with the appropriate supporting documentation.

MORE HOWEVERS, however....

The I-864 instructions state the following.

Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members.

You may not include an automobile unless you show that you own at least one working automobile that you have not included.

When using the family home as an asset, Consular officers tend to consider liquidating it as "undue harm to the sponsor and his or her family members" in the same way the consider selling the family's only car, an undue hardship.

If I were you, I would also submit an I-864 from a qualified joint sponsor, either to NVC if they actually request it or to the Consulate at the interview.

[jamerican 2]

You may have a problem, yes. Usually NVC will tell you your income doesn't qualify and suggest you "may want to" secure a joint sponsor but the Consular officer will make the determination. They'll send the same notice to anybody who doesn't qualify on income regardless of how much they show in liquid assets. Read the notice carefully. Unless they are specifically requesting something be sent to them, don't send NVC anything more.

However, the Consular officer WILL evaluate the assets and if there's no appraisal and mortgage statement, he won't be able to consider the home equity at all. So, make sure you provide a corrected affidavit with the appropriate supporting documentation.

MORE HOWEVERS, however....

The I-864 instructions state the following.

Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members.

You may not include an automobile unless you show that you own at least one working automobile that you have not included.

When using the family home as an asset, Consular officers tend to consider liquidating it as "undue harm to the sponsor and his or her family members" in the same way the consider selling the family's only car, an undue hardship.

If I were you, I would also submit an I-864 from a qualified joint sponsor, either to NVC if they actually request it or to the Consulate at the interview.

Pushbrk...you are totally correct. I called NVC again to get more details on this RFE that I still have yet to receive, the CSR was very helpfull(unlike the last one) and she too said that it was only a suggestion that I get a co-sponsor due to the actual consular officer may request it. What I did have an RFE for was forgetting to send a copy of my hubby's passport. This was not what I was told originally so of course I was a bit confused, frustrated and upset. It feels good to know that I won't hold up getting an interview while I obtain a co-sponsor. Thanks for all of your and everyones help.

[mamamimi 8]

Pushbrk...you are totally correct. I called NVC again to get more details on this RFE that I still have yet to receive, the CSR was very helpfull(unlike the last one) and she too said that it was only a suggestion that I get a co-sponsor due to the actual consular officer may request it. What I did have an RFE for was forgetting to send a copy of my hubby's passport. This was not what I was told originally so of course I was a bit confused, frustrated and upset. It feels good to know that I won't hold up getting an interview while I obtain a co-sponsor. Thanks for all of your and everyones help.

Hi,

I have to tell you that I also own a home and I receive about 16,000 in child support, with court order and how long it's in place also the checks that go to my account. I am only 2,300 shy of the poverty line but now after what happened to you I am scared and got myself a co-sponsor. I hope everything goes well for you. Thanks for posting this, now I am aware of what can happen. I am not going to risk it...I got a joint sponsor!!

Best wishes,

Emily

[EAbbas 213]

One more thing if I'm not mistaken...sometimes the ppl look at how difficult it would be to sell the house in a month especially today depending on where you live. So anything that can be liquidated within 20 days is the best asset to use. I also have a 401k with almost 100k invested and am just several hundred dollars shy of making 125% between my income and my child support but we still got a co sponsor just in case...don't want to delay anything more if possible...missing him madly ( Good luck and Merry Christmas!