I-864 unemployed, foreign asset only

[lalaleah 0]

I am a US citizen and recently submitted the I-130 together with I-485 and I-765 for my husband. We have married for 5 years and have two children. We spent the last two years in foreign country and I did not work. I have a property in that country and sold it in August with a balance of 200K USD. Since I did not file any income tax, so I submitted the property selling transaction document as an evidence for my I-864.

However, I have just received the RFE indicated that the net value of the assets does not make up the difference between my income (which is zero) and the poverty guidelines (125% of poverty guidelines for 4 is $29437 X 3 times the difference = $88311).

They want me to submit evidence of assets, such as bank statement covering last 12 months, evidence of ownership. I have already submitted the legal document for the property sold, and transferred the money I earned from the property to my US bank account; however, I will not be able to provide 12 months bank statement.

Since we do not have any relatives in here, we have difficulty in finding a co-sponsor.

What should I do now? Any suggestions?

[Penguin_ie 5,997]

On the bank statements: why don't you have them? If you mean your current US bank account is less than a year old, submit a letter stating so and also bank records from your previous foreign account.

However, from what you write above, what they want more is more assets, or income, because the money from the property sale is not enough. Can you find a job? Even a minimum wage one would go a good way towards the income requirement and your asset (money from the house) could make up the rest.

Edited September 21, 2013 by Penguin_ie

[Darnell 8,479]

so, when you first submitted, you not show the asset (cash) in the USA.

Now that the cash is in the USA, and in an account in your name,

you should show proof of that cash. That will trump MOST, if not all, of that RFE.

[lalaleah 0]

so, when you first submitted, you not show the asset (cash) in the USA.

Now that the cash is in the USA, and in an account in your name,

you should show proof of that cash. That will trump MOST, if not all, of that RFE.

I submitted the I-485 right after the sale of the property. Therefore, at that moment I did not have the money in hand. I only submitted the legal documents of the property sale.

I gained 200K from the sale which was deposited in my foreign bank account in Aug 2013. I transferred 90K to my newly opened US bank account two weeks ago and 100K as a gift for my mom who is living in other country. I will only be able to provide foreign bank statement for Aug 2013 and US bank statement for Sept 2013 to show where the money came from.

So even the cash is in my hand for only two months is sufficient enough as an evidence?

[lalaleah 0]

On the bank statements: why don;t you have them? if you mean your current US bank account is less than a year old, submit a lteer stating so and also bank records from your previous foreign account.

However, from what you write above, what they want more is more assets, or income, because the money from the property sale is not enough. Can you find a job? Even a minimum wage one would go a good way towards the income requirement and your asset (money from the house) could make up the rest.

I really don't understand. A 200K gained from a property sale is not enough for a household of 4?

I am not working at this moment, and I won't be able to provide 3 years income tax return anyway.

[Penguin_ie 5,997]

But it is not 200k, because you gave 100k away and only transfered 90k to your US account. USCIS can only see 90k, and that is very close to the amount you need as an absolute minimum- if assets are used, especially with no income at all, they usually want you to be comfortably over.

[Darnell 8,479]

lala - practice a bit,

writing up a letter of attestation,

covering all that you wrote here.

when you feel comfortable, post it here, redacted, and we'll give you some further inputs.

then

when yer ready, sling the letter of attestation along with the legal proof of 'the actions' referenced in the letter of attestation, into USCIS , in response to that RFE.