i-864 with only immigrant assets

[portalfan 1]

Hi,

We are filing AOS i-864 but we both have no income and want to use the immigrant (my) assets instead.

We have a couple of questions about the conditions:

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months
  
  • The assets is a bank account with stocks and bonds, easily converted to cash. Do I need to provide any document to show this other than a summary of the account?
    

  [*]The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country

  • There's no restrictions between the two countries and both have a free trade agreement and tax treaty, how would this be shown?
    

  [*]The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

  • This is the only clear and easy item, the bank is able to provide me with a letter stating the value of the assets in the account and the surpass this requirement.
    

I have a few other questions:

• Do you also expect an issue if there's currently no income? (We are both moving so another state soon and I'm currently a student)
  
• I previously worked under an L visa, should I present my tax documents to show previous income?
  
• Does my wife still needs to provide her previous year tax info?
  

Thanks!

[portalfan 1]

Update:

It seems like it's just going to be easier to transfer the money to my bank account in the US.

I've read somewhere that the money needs to be here for at least a year, but nothing official. Does anyone have any information on this?

[JimVaPhuong 4,863]

Update:

It seems like it's just going to be easier to transfer the money to my bank account in the US.

I've read somewhere that the money needs to be here for at least a year, but nothing official. Does anyone have any information on this?

Probably not going to get a lot of responses here. I don't know anyone on VJ who has submitted an I-864 with no income and only assets of the immigrant to declare. I'm sure it's happened. I just don't remember seeing it.

I guess the points to understand here are that it's the minimum income that's required by the law. The law allows DHS or Department of State to consider assets in lieu of income if those assets are available to support the immigrant, but it doesn't require them to do so. The law also doesn't define how much weight those assets are to be given. The 5X rule is a matter of DHS policy rather than a matter of law.

In other words, you're taking a contract that has a very clear threshold that needs to be met, and if you could meet it then your affidavit of support would be accepted without question. You can't meet that threshold. In fact, you can't take one step in the direction of meeting that threshold - you have no income. So, you're relying entirely on an optional alternative that gives the IO absolute discretion in determining whether or not to accept your affidavit of support. They might say yes or they might say no, but you have no basis to appeal their decision if they say no because you've given them the discretion to do so by not meeting the statutory requirements.

It might be a good idea to have a qualified joint sponsor ready.

[Penguin_ie 5,997]

We did this, but by the time of the interview, those assets were in either joint names (a house in the USA) or transfered into my USC husband's bank account in the USA. They don't like assets being foreign based, and if they are purely "your" assets, ie not shared, then they will wonder if it is a bonafide marriage if you are not willing to co-mingle resources.

Money does not have to be in an account for a year but if it has not been there for a year, they may ask where it comes from- to show it's not just a case of a relative "lending" you the money for a few weeks to get the visa approved and then you are giving it back to them.

[portalfan 1]

We did this, but by the time of the interview, those assets were in either joint names (a house in the USA) or transfered into my USC husband's bank account in the USA. They don't like assets being foreign based, and if they are purely "your" assets, ie not shared, then they will wonder if it is a bonafide marriage if you are not willing to co-mingle resources.

Money does not have to be in an account for a year but if it has not been there for a year, they may ask where it comes from- to show it's not just a case of a relative "lending" you the money for a few weeks to get the visa approved and then you are giving it back to them.

Penguin,

Did you both have no income at the time filing for AOS?

We're moving the money to our joint savings account in the US so that shouldn't be an issue. Right now it looks like we have to count on ourselves to do this but we might consider getting a joint sponsor just in case.

Thanks!

[Penguin_ie 5,997]

Yes, neither of us had income. I was on (paid) maternity leave from my Irish job, but of course would not have a job in the USA. My husband was unable to find work for the three years he was in Ireland (I had a good job, so this wasn't a problem). I was asked at interview what I intended to work as in the USA, and said I hoped to remain a SAHM, and that was no problem either. We were very comfortably over the 3x 125% though, not just a few dollars over.

[portalfan 1]

I guess we are at the same spot, this is very reassuring news for us. Thank you!

[Roby&James 0]

Hi Portalfan,

May I ask you if you went down this way?

Hi Penguin,

May I ask did you transfer the money in a joint account or in your US account?

[Ban Hammer 13,570]

member who started this thread has not been active for almost 3 months, and this thread is over a year old