HELP!! Tokyo Embassy Notice

[kikid 5]

I don't think an explanation is necessary for why I think you intend to give it back.

listen buddy, I've had enough of you, stop commenting on this thread. You are not helpful in anyway. First you tell me its my fault for not noticing, when I clearly stated that I called the visa line for clarification and they said that amount was unnecessary. then you say I'm committing fraud if my parents give me money even if I don't have to give it back. So good-bye, you're done.

Edited November 16, 2012 by clmiyazaki

[The Mean Lady 604]

My dad won't co-sponsor because he's afraid if my husband gets sued he will be the one responsible, he runs a credit bank and he's encountered many situations that can arrise from consigning loans and he sees co-sponsoring a visa to be the same a consigning a loan. He doesn't want to be liable for someone else's actions.

Can the explanation, "my parents gave it to us as a gift" suffice?

Only, and still maybe, if it's the truth, and then you better be prepared to file taxes on it.

And there's no guarantee. None of us can guarantee that for you.

Edited November 16, 2012 by KDubovik

[Stephen + Elisha 92]

My dad won't co-sponsor because he's afraid if my husband gets sued he will be the one responsible, he runs a credit bank and he's encountered many situations that can arrise from consigning loans and he sees co-sponsoring a visa to be the same a consigning a loan. He doesn't want to be liable for someone else's actions.

If your dad is a banker, he should know how to read contracts. The I-864 is a contract between the sponsor and the government. It's not a blanket assumption of liability. Your dad would not be liable under an affidavit of support for judgments or debts owed by your husband.

[NikLR 13,227]

Show your father the forms. They are not at all like a loan. Basically it states that if your husband uses means-tested public benefits (as defined on the poverty guidelines for the I-864) then you or your parents would have to pay it back to the government.

Send him the I-864 link from the USCIS page and get him to read it. Also read this: AOS FAQ!!! This is the most important page honestly. It explains everything better than the actual I-864 instructions.

So for the people saying you need 3x the poverty guidelines, that is wrong according to the NVC website. It states on there you need 5x the poverty guidelines of the difference between the income and guideline. If they are saying you only need 56k then they must be counting your income.

What Cash Value of Assets is Needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

Edited November 16, 2012 by NikiR

[The Mean Lady 604]

listen buddy, I've had enough of you, stop commenting on this thread. You are not helpful in anyway. First you tell me its my fault for not noticing, when I clearly stated that I called the visa line for clarification and they said that amount was unnecessary. then you say I'm committing fraud if my parents give me money even if I don't have to give it back. So good-bye, you're done.

You're not going to go far here getting help if you're going to continue with that attitude.

[Stephen + Elisha 92]

So for the people saying you need 3x the poverty guidelines, that is wrong according to the NVC website. It states on there you need 5x the poverty guidelines of the difference between the income and guideline. If they are saying you only need 56k then they must be counting your income.

Keep reading. Next paragraph:

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

[NikLR 13,227]

Ah didn't read far enough! Haha thanks! My bad

[reese1 68]

By the parents "lending" them 45k, wouldn't that be considered fraud?

No, actually it is not fraud. Nor does it have to be considered a loan if the OP's parents have it to give that is their choice. Also per the link another member posted about the Embassy in Japan it only states that if any large amounts have been deposited recently it must be explained not that it is not excepted. As far as any one having to pay taxes back neither the OP or parents would owe anything in taxes as a married couple are allowed to gift $26,000 per donee per year without anyone owing anything. Which means they could gift $26,000 to OP and $26,000 to the spouse, for a total of $52,000. So to the OP if this is your only option, all you can do is ask at the interview and see if this will be except able, if not you will have to come up with another plan.

The fact that the Op's parents do not want to put their name and possibly their assets on the line is understandable. God forbid the marriage does not work(not insinuating it won't) they are still on the hook and have a lot to loose if the spouse were to become a charge to the state. Instead they are helping in away they feel more comfortable and that is with funds and there is nothing wrong with that. Best of luck to you.

[The Mean Lady 604]

No, actually it is not fraud. Nor does it have to be considered a loan if the OP's parents have it to give that is their choice. Also per the link another member posted about the Embassy in Japan it only states that if any large amounts have been deposited recently it must be explained not that it is not excepted. As far as any one having to pay taxes back neither the OP or parents would owe anything in taxes as a married couple are allowed to gift $26,000 per donee per year without anyone owing anything. Which means they could gift $26,000 to OP and $26,000 to the spouse, for a total of $52,000. So to the OP if this is your only option, all you can do is ask at the interview and see if this will be except able, if not you will have to come up with another plan.

The fact that the Op's parents do not want to put their name and possibly their assets on the line is understandable. God forbid the marriage does not work(not insinuating it won't) they are still on the hook and have a lot to loose if the spouse were to become a charge to the state. Instead they are helping in away they feel more comfortable and that is with funds and there is nothing wrong with that. Best of luck to you.

I disagree. After searching on this topic, I have found threads in the past regarding people doing this and many people have warned against it being a red flag.

Edited November 17, 2012 by KDubovik

[Darnell 8,478]

he sees co-sponsoring a visa to be the same a consigning a loan

alas, Dad's got it wrong.

and that's ok.

Suggest you show 70K of bearer bonds on Monday to the IV Unit.

Need more time? go to the interview anyway, expect a blue slip, then he/she is given 30 to 60 days to show more stuff; expecting 90 to 120 days of further processing.

Good Luck !

Edited November 17, 2012 by Darnell

[Shepard 0]

Just take the loan/gift from your parents, and go from there.

It is not anyone's business why your father doesn't want to co-sponsor, if he doesn't want to do it, that is his decision. It matters not what a bunch of strangers on the internet say about it, it is his call.

So take the money, pay taxes on it next year, and be done with it. You are not obligated to explain yourself to anyone on this forum as to when/if you are going to pay the money back, nor is there a law stating you can't accept a monetary loan/gift from your parents.

As for the banks being closed, try to ask if you can get a small extension from the embassy.

Good luck!

Edited November 17, 2012 by Shepard

[reese1 68]

I disagree. After searching on this topic, I have found threads in the past regarding people doing this and many people have warned against it being a red flag.

A red flag still is not fraud, and even then many cases with red flags of some sort still get approved. So lets agree to disagree. The main thing the OP needs to know is like Darnell said go to the interview expecting a blue slip ask what can be submitted and go from there.

[kikid 5]

No, actually it is not fraud. Nor does it have to be considered a loan if the OP's parents have it to give that is their choice. Also per the link another member posted about the Embassy in Japan it only states that if any large amounts have been deposited recently it must be explained not that it is not excepted. As far as any one having to pay taxes back neither the OP or parents would owe anything in taxes as a married couple are allowed to gift $26,000 per donee per year without anyone owing anything. Which means they could gift $26,000 to OP and $26,000 to the spouse, for a total of $52,000. So to the OP if this is your only option, all you can do is ask at the interview and see if this will be except able, if not you will have to come up with another plan.

The fact that the Op's parents do not want to put their name and possibly their assets on the line is understandable. God forbid the marriage does not work(not insinuating it won't) they are still on the hook and have a lot to loose if the spouse were to become a charge to the state. Instead they are helping in away they feel more comfortable and that is with funds and there is nothing wrong with that. Best of luck to you.

That's exactly right! My dad's lawyer told me there was no way he would allow it because my dad would be responsible for life. You understand the situation completely!

"No, actually it is not fraud. Nor does it have to be considered a loan if the OP's parents have it to give that is their choice. Also per the link another member posted about the Embassy in Japan it only states that if any large amounts have been deposited recently it must be explained not that it is not excepted"

Thanks for that info as well, I didn't see it on the embassy web site. You have been very helpful!

[pushbrk 12,898]

That's exactly right! My dad's lawyer told me there was no way he would allow it because my dad would be responsible for life. You understand the situation completely!

"No, actually it is not fraud. Nor does it have to be considered a loan if the OP's parents have it to give that is their choice. Also per the link another member posted about the Embassy in Japan it only states that if any large amounts have been deposited recently it must be explained not that it is not excepted"

Thanks for that info as well, I didn't see it on the embassy web site. You have been very helpful!

The money is what it is. The question was about a loan. A loan is a loan, not a gift. If the parents wish to give a gift, or loan money that's fine. However, there is no guarantee that that the explanation for the recently deposited funds will satisfy the Consular Officer regarding the public charge issue. All you can do is all you can do. Neither gifts or loans explained honestly are fraud or even red flags. They just are what they are, and then a Consular Officer makes a judgment call on the public charge issue. PERIOD.

[The Mean Lady 604]

I still want someone to explain to me why if his parents were to lend him 55k to suffice the AoS and then he were to turn around and give it back a week later is NOT fraud. That's a blatant lie about the ability to support your spouse if you turn around and give the money back.

And if he agrees that's fishy and says to the officer 'oh my parents gave it to us as a wedding present (for example)' and then he gets approved, and then turns around and gives the money back, that is also a lie.