Question on I864-A

[DemRa 4]

I need to clarify between these 2 phrases from I864-A instruction document.

1. on 1st page under 'What is this form?' it says -

"A separate form i864 must be used for each household member whose income AND/OR assets are being used by sponsor to qualify. This form must be submitted simultaneously with Form I-864."

2. on second page under 'if the intending immigrant is a household member, must he or she complete this form?' it says

"If you are the intending immigrant and the sponsor is including your income on Form i864 to meet the eligibility requirements, you need to complete this form only if you have accompanying dependent. If you are the intending immigrant and the sponsor is including ONLY your assets on Form i864, you do not need to complete this form..."

My current status is I don't have a job and looking for one. Our interview might be anytime next months -Hoping. case is competed, waiting for a date. I do have a co-sponsor whose income is enough to support the case. I heard that USCIS concern more about petitioner income. I had raised question related to AOS before too in VJ but got stuck in this one now.

As we are still not through the interview, I want to use my spouse assets ONLY and submit new I864 in interview so that we won't be rejected on the ground that I am currently unemployed. Recently, I heard that parents of US citizen didn't get the visa becoz their son is unemployed. That's why I am scared.

So now I am confuse with above 2 phrase whether we have to submit I864A or not?? If 'YES' then what we gonna write in #11.Federal income tax information?? which is not applicable as she is not in the US?

Sorry for this lengthy posting.

[KayDeeCee 4,893]

List your spouse's assets on your I-864 where it states to. No I-864A is needed in your case.

[NigeriaorBust 4,087]

Use of assets is usually restricted to US based assets ( money . properties ) Are your husbands spouses assets in the US ?

[KayDeeCee 4,893]

Foreign assets can be used at 5 times. They just need to be liquid and easily converted to cash. Supply proof that the assets can be removed from the country they are currently located in. http://travel.state.gov/visa/immigrants/info/info_3183.html#6

[DemRa 4]

List your spouse's assets on your I-864 where it states to. No I-864A is needed in your case.

Ok thanks.

Use of assets is usually restricted to US based assets ( money . properties ) Are your husbands spouses assets in the US ?

Assets is from my spouse country not the US. So then we can't really use that? Then that will be the problem for me.

[DemRa 4]

Foreign assets can be used at 5 times. They just need to be liquid and easily converted to cash. Supply proof that the assets can be removed from the country they are currently located in. http://travel.state.gov/visa/immigrants/info/info_3183.html#6

Thanks Jay-Kay. When you said 'the assets can be removed from the country they are currently located' that means not all within a year. right?? As it has to be 5 times for 5 yrs period. So how am I going to get this supply proof? Is it from the federal bank??

[KayDeeCee 4,893]

Thanks Jay-Kay. When you said 'the assets can be removed from the country they are currently located' that means not all within a year. right?? As it has to be 5 times for 5 yrs period. So how am I going to get this supply proof? Is it from the federal bank??

Yes, they would need to be convertible to cash and able to be moved to the US within 12 months time. Not sure how to get proof other than having the bank where the assets are located provide a letter or polices statement detailing no limits or how much the limits are. Some consulates don't like to accept foreign assets at all, and not sure if yours will or not. I just know they are supposed to be able to be used under the conditions stated in that FAQ.

If the assets were US based, they would only need to be at 3 times the income difference. I am not sure if it is feasible for you to open a joint account in the US now and have the assets transferred and be able to use them that way. Others would have to chime in on that.

[DemRa 4]

Yes, they would need to be convertible to cash and able to be moved to the US within 12 months time. Not sure how to get proof other than having the bank where the assets are located provide a letter or polices statement detailing no limits or how much the limits are. Some consulates don't like to accept foreign assets at all, and not sure if yours will or not. I just know they are supposed to be able to be used under the conditions stated in that FAQ.

If the assets were US based, they would only need to be at 3 times the income difference. I am not sure if it is feasible for you to open a joint account in the US now and have the assets transferred and be able to use them that way. Others would have to chime in on that.

Oh so you mean it is not only the assets must be convertible to cash within 12 months BUT ALSO the applicant must show that the assets can be REMOVED from the country where they are located 'WITHIN 12 MONTHS' ??

[KayDeeCee 4,893]

Oh so you mean it is not only the assets must be convertible to cash within 12 months BUT ALSO the applicant must show that the assets can be REMOVED from the country where they are located 'WITHIN 12 MONTHS' ??

The I-864 instructions only state they must be able to be converted to cash within a year. However, if the assets are not able to be transferred to the US after being converted to cash, then how would they help if needed? They probably will not be considered if not readily available. Read through the I-864 form instructions about the use of assets.

[DemRa 4]

The I-864 instructions only state they must be able to be converted to cash within a year. However, if the assets are not able to be transferred to the US after being converted to cash, then how would they help if needed? They probably will not be considered if not readily available. Read through the I-864 form instructions about the use of assets.

Thanks. I went through the instruction but it just says 'able to be converted to cash within a year'. This part is understandable. But the cash we will have after conversion is not for 1 year it is for 5 years so wanted to know if we can transfer the money need only for one year at a time along the 5 years. My doubt is if our government allowed to transfer that much money in a single year.

[NigeriaorBust 4,087]

The US doesn't care how much money you bring in , just if it is more than 10 k you have to say where it came from .

[KayDeeCee 4,893]

That is one of the reasons foreign assets are sometimes not accepted/considered. The liquid assets need to be readily available, and US based assets are easier to access than foreign based. If possible, fill out your I-864 and list your spouse's assets, but also have a joint sponsor lined up just in case.

[DemRa 4]

That is one of the reasons foreign assets are sometimes not accepted/considered. The liquid assets need to be readily available, and US based assets are easier to access than foreign based. If possible, fill out your I-864 and list your spouse's assets, but also have a joint sponsor lined up just in case.

I had a joint sponsor when I submitted my I864 to NVC. His income is enough to cover guidelines and it had been already approved from NVC too. My worry is only for interview at embassy. Hope consular officer won't demand my income at that time. Wait!! do I need to resubmit the I864 from my cosponsor to embassy again?? All the documents that I submitted will be forwarded from NVC to our embassy. Right?? And about using the assets, I am thinking to ask with the embassy itself. is that a good idea??

Thanks

[KayDeeCee 4,893]

If the joint sponsor meets the requirement, then I do not think you need to be so worried about adding the assets. I believe the I-864 forms for yourself and joint sponsor that are transferred from the NVC will be the ones that the CO will look over and have final decision on. I don't think you resubmit them. I will bow out now and defer to someone that knows the ins and outs of the CR-1 interviews to answer any questions directly relating to that topic.

[DemRa 4]

If the joint sponsor meets the requirement, then I do not think you need to be so worried about adding the assets. I believe the I-864 forms for yourself and joint sponsor that are transferred from the NVC will be the ones that the CO will look over and have final decision on. I don't think you resubmit them. I will bow out now and defer to someone that knows the ins and outs of the CR-1 interviews to answer any questions directly relating to that topic.

Thanks Jay-Kay. I know I shouldn't be worried about it. But just incase. CO has every rights to reject the case and you never know what he/she would have in his/her mind at the time of interview. I started getting worried only when I heard one guy who is a citizen, his parents' visa got rejected becoz that guy is studying and has no job.