Asset based i-864 - Invesment as Income & Asset

[xduncanx 2]

hi all,

My question is about the i-864 affitdavit of support.
My wife and I are both New Zealand born and bred. We are currently going through the i-130 process for myself.

As neither of us have lived in the states for the last 5 years we have had no income to meet the required 125% poverty threshhold. So we plan to head the asset route.Our combined savings and investment assets has us there or there abouts the requirement of 3x the threshhold. My wife has an american investment portfolio which periodically returns money unto itself.

Can we use the invesment earnings as income as well as declaring the investment as an asset? thereby lowering the required asset total. total req = (3x (125% poverty threshhold - investment income))

thanks in advance.

M

[xduncanx 2]

Any help on this?

[stevie b 141]

hi all,

My question is about the i-864 affitdavit of support.

My wife and I are both New Zealand born and bred. We are currently going through the i-130 process for myself.

As neither of us have lived in the states for the last 5 years we have had no income to meet the required 125% poverty threshhold. So we plan to head the asset route.Our combined savings and investment assets has us there or there abouts the requirement of 3x the threshhold. My wife has an american investment portfolio which periodically returns money unto itself.

Can we use the invesment earnings as income as well as declaring the investment as an asset? thereby lowering the required asset total. total req = (3x (125% poverty threshhold - investment income))

thanks in advance.

M

technically yes .. BUT.. when you go case complete at nvc (in my case.. I think you are a dcf??).. the letter comes as case complete and states that the aos did not appear to meet the requirements and the CO will decide. I have been up and down and sideways everywhere about this. even though it is stated in the 864 instructions that it is ok, I still get this whole.. get a cosponsor thingy. as I have continued my research through forums basically everywhere around the world, I got an answer from an IV unit CO in another country who stated.. yes it is likely you will need a cosponsor and that in their eyes assets can be manipulated .. he gave the example of real estate values. I forgot unfortunately to indicate that I was all cash and stock.. so basically wth knows??? nobody can say for sure.

check me out in a couple weeks.. wife's interview is oct 2, and I have forgone the pursuit to ask mommy to cosponsor for now and will see how it goes.

don't forget the whole domicile piece for the petitioner

[xduncanx 2]

Hi, thanks for the reply.

Our assests are all cash and stock so hopefully that lends some credibility.
We are not DCF as this route is no longer offered in NZ. So we are waiting now 4 months for NOA2, fingers crossed it will not be too much longer, though the processing rate seems to have stalled. digress.

We pretty much have cash to cover the 3x threshhold (Waiting another couple of months will render having to use investment income void as we will have saved enough to cover the amount in entirety)

Would you still recommend getting a co-sponsor?

Dont worry, domicile is not forgotten.

thanks,

M

[Darnell 8,478]

1. assets must be solely in her name , the USCitizen, for it to count

2. when looking at an investment account - study the 'cash out' process - see if there are any fees or percentages that are deducted when cashing out. IF YES, subtract that from 'the value' and don't forget about the IRS and taxes and/or tax penalty.

[xduncanx 2]

thanks,

good point on the duductions from removing stocks. I'll have to look into that.

With a i-186A form I'd be able to include my assets, no?

Also I was looking at moving some of my savings into her US bank account soon. Will this raise flags to be moving sums of money around immediatly prior to i-186? Should I wait until after i-130 is accepted?

thanks

M