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Kevin and Tuyen

Sponsoring with Assets to Supplement Income?

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Hello, I read the USCIS I-864 instructions here http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf basically all of page 7, and that was my intention.

I have been living in Vietnam with my wife for 2 years (minus the time I went home for my younger sister's wedding) and I haven't had a job for that period. I have 3 properties in the U.S. which are valued at way more than what the documentation requires. I provided legal court documents proving I own the property, as well as "satisfaction of lien" papers for one property valued at $115,000usd.

My current household size is 2, which under the current official "poverty guidelines" (listed here http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf)%C2'>

On page 7, number 10 of the USCIS I-864 instruction sheet, it says, "If you are a U.S. citizen, and you are sponsoring your spouse or minor child, the total value of your assets must be equal to at least three times the difference" (the difference between my total income which is approx $8,000 and the poverty guidelines). Even if I claimed $0 on my taxes, if I use the 3 person household, 3 x 24737 is $74,211.

I wasn't sure if that 115k in assets would be enough to satisfy the interviewing officer so I also brought with me to the interview a deed for another house (I brought the deed for the land and the house) and the tax records for approx $125k for the corresponding property. We went to the interview and they already had the blue paper for us, but proceeded with the interview anyways, obviously with nothing to hide, we passed the interview without issue, what helped was that we traveled with friends mostly, and had tons of pictures before the wedding and after, as well as 3 of my family members coming to Vietnam for the wedding from Florida.

The interviewing officer said that sponsoring someone with assets to supplement income is not an option, and that the websites must be wrong. I tried to ask for her to check with someone else, because I know it's not a very common option, but it is there on the USCIS website, as well as many different U.S. Consulate websites. I was answered with a "Nope." That's it, nothing more, nothing less, I politely asked again, and the answer was, "Sorry, you are going to need a co-sponsor." So we said thank you very much, and have a nice day, and left because that was apparently our only option.

So I called the USCIS and asked them about it, and they couldn't tell me anything except that the information on their website is up to date, and that the information is correct. I am having my Mother fill out a co-sponsor I-864, but I just wanted to see what is the issue here? The blue slip is very disappointing especially considering we initially filed in February of 2013. The co-sponsor I-864 is required to have an original signature, so now I have to wait another 2 weeks to submit this because it's going to take that long to ship here from Florida unless I have her send express which will cost another arm and a leg.

Has anyone else had this issue or anyone here sponsored their spouse with assets to supplement income?

Thanks for taking the time to read this, I know it's long and drawn out.

-Kevin and Tuyen

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Filed: K-3 Visa Country: Philippines
Timeline

Typically, they want INCOME -- If you had something like $60,000.00 in a bank account, that might have done the trick.

I do think that you got an interviewer who is not familiar with the assets portion of their form. There is a paragraph regarding the "net" value as well as being able to convert the assets into cash within one year. As well as the multiplier.

Did you have recent appraisals on your homes? The form does request that you have "recent" appraisals from a licensed appraiser. You did not say that you had recent appraisals of your property. If that is true, the interviewer would not have to consider the value of the assets as being accurate.

If I were you, I'd pay the extra $ to have the Co-sponsor's form sent to you via Fed Ex.

Good Luck.

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Ditto on Ed and Gina's recommendation of using FedEx to send anything to VN. I sent a package via USPS Express Mail to my fiancee in VN over a month ago and she still has not received it. I re-sent the same package via FedEx and she got it just after 7 days. It costs $68 for FedEx but it was well worth it.

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I used UPS to send documents from Florida to HCM about $54 dollar for 2-3 business days.

New Journey AOS:

My fiancee came to US on the 8th of March, 2014 under K-1 visa at Newark, NJ Airport for POE.

Applied Social Security Number on the 10 of March, 2014.

Married on the 13th of March, 2014.

Sent I-485, I-765, and I-131 on the 15th of March, 2014.

Received EAD on June 7, 2014.

Received Notice of Potential Interview Waiver on July 1, 2014 date 6/27

Contacted Ombudsman on 01/12/2015.

Ombudsman contacted USCIS on 02/20/2015.

Ombudsman sent a follow up to USCIS on 03/18/2015.

I-485 approved on 03/31/2015 ( we ordered your card).

Welcome notice was mailed on 04/01/2015.

Received Welcome Notice on 04/08/2015.

Card was mailed to me/picked up by USPS on 04/08/2015.

Received GC on 4/10/2015.

Prediction 04/08/2015

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Hi Kevin,

They should have sent you an RFE requesting a co-sponsor. I'm shocked they actually scheduled an interview for you guys.

Basically you need a co-sponsor even though you have a ton of assets. Like you, I have been living in Vietnam for the past 6 years but have property, bonds, stocks, etc. back in the U.S. I had enough asset to show that I could support both my wife and I but they still asked for co-sponsor.

Whoever your sponsor is, make sure they send 3 years of IRS transcripts along with the I-864 or you will get an RFE. Make sure they request that from the IRS. Usually takes 5 to 10 business days. Hope this helps.

Hello, I read the USCIS I-864 instructions here http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf basically all of page 7, and that was my intention.

I have been living in Vietnam with my wife for 2 years (minus the time I went home for my younger sister's wedding) and I haven't had a job for that period. I have 3 properties in the U.S. which are valued at way more than what the documentation requires. I provided legal court documents proving I own the property, as well as "satisfaction of lien" papers for one property valued at $115,000usd.

My current household size is 2, which under the current official "poverty guidelines" (listed here

On page 7, number 10 of the USCIS I-864 instruction sheet, it says, "If you are a U.S. citizen, and you are sponsoring your spouse or minor child, the total value of your assets must be equal to at least three times the difference" (the difference between my total income which is approx $8,000 and the poverty guidelines). Even if I claimed $0 on my taxes, if I use the 3 person household, 3 x 24737 is $74,211.

I wasn't sure if that 115k in assets would be enough to satisfy the interviewing officer so I also brought with me to the interview a deed for another house (I brought the deed for the land and the house) and the tax records for approx $125k for the corresponding property. We went to the interview and they already had the blue paper for us, but proceeded with the interview anyways, obviously with nothing to hide, we passed the interview without issue, what helped was that we traveled with friends mostly, and had tons of pictures before the wedding and after, as well as 3 of my family members coming to Vietnam for the wedding from Florida.

The interviewing officer said that sponsoring someone with assets to supplement income is not an option, and that the websites must be wrong. I tried to ask for her to check with someone else, because I know it's not a very common option, but it is there on the USCIS website, as well as many different U.S. Consulate websites. I was answered with a "Nope." That's it, nothing more, nothing less, I politely asked again, and the answer was, "Sorry, you are going to need a co-sponsor." So we said thank you very much, and have a nice day, and left because that was apparently our only option.

So I called the USCIS and asked them about it, and they couldn't tell me anything except that the information on their website is up to date, and that the information is correct. I am having my Mother fill out a co-sponsor I-864, but I just wanted to see what is the issue here? The blue slip is very disappointing especially considering we initially filed in February of 2013. The co-sponsor I-864 is required to have an original signature, so now I have to wait another 2 weeks to submit this because it's going to take that long to ship here from Florida unless I have her send express which will cost another arm and a leg.

Has anyone else had this issue or anyone here sponsored their spouse with assets to supplement income?

Thanks for taking the time to read this, I know it's long and drawn out.

-Kevin and Tuyen


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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Hi Kevin,

They should have sent you an RFE requesting a co-sponsor. I'm shocked they actually scheduled an interview for you guys.

Basically you need a co-sponsor even though you have a ton of assets. Like you, I have been living in Vietnam for the past 6 years but have property, bonds, stocks, etc. back in the U.S. I had enough asset to show that I could support both my wife and I but they still asked for co-sponsor.

Whoever your sponsor is, make sure they send 3 years of IRS transcripts along with the I-864 or you will get an RFE. Make sure they request that from the IRS. Usually takes 5 to 10 business days. Hope this helps.

Thanks for the replies, I am just trying to figure out why they list that option if it is not an option? Anywhere else that would be considered false advertising and a penalty would ensue. I am now under the impression that they thought that property was my place of residence and it would be "considerable loss or hardship" to me to sell it. I have sent them an email stating this is not the case, but I doubt it will help. I did have my mom fill out the paperwork to become the co-sponsor, and she has already mailed it out. I should have it on Monday, at which time I will go there and see if I can submit it. The thing is that I have followed their guidelines to the "T" and they still denied me. I did show nearly $8,000 in income, but that's because I haven't been working, and I have been in Vietnam. If I go by their calculations, I would need $52,311 in assets. The one property I showed was over double that amount, I also brought the deed for a second property I own with again, over double that amount, so I have about 5x the required assets by their standards. I sent them an email and asked basically what is the figure that I need to show in assets to qualify as a sponsor, and hopefully they will get back with me in a few days.

Very frustrating....

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IRS transcript can be printed directly from the IRS website

https://sa.www4.irs.gov/irfof-tra/start.do;jsessionid=kP+yV-FKLlyUw5LUyi-6ml5V

best

K1 Visa

Service Center : Texas Service Center

I-129F ApplicationSent: 2014-01-02

I-129F status: 2014-01-08 Alien Registration Number was changed

I-129F NOA1: 2014-01-10

I-129F RFE(s): 2014-03-12 (additional evidence requested - to be married within 90 days)

RFE Reply(s): 2014-03-27 (sent evidence as requested)

RFE Reply(s): 2014-03-31 (RFE package received)

I-129F NOA2: 2014-04-03 = APPROVED (emailed & Text), letter send from TSC

I-129F NOA2: 2014-04-08 = received APPROVED letter

I-129F NOA2: 2014-04-09 = received email+text shipped approved case to DoS-NVC for visa processing

I-129F NVC: 2014-04-23 = "READY" status at NVC

I-129F USC-HCMC: 2014-05-27: Letter Received!!!! (aka: pkg #3)(sent by USC-HCMC on 2014-05-21)

I-129F DS-160: 2014-05-27: DS160 e-form completed/submitted & receipt - paid fee

I-129F K1 VISA: 2014-07-25: Interview appointment & VISA APPROVED!!!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

IRS transcript can be printed directly from the IRS website

https://sa.www4.irs.gov/irfof-tra/start.do;jsessionid=kP+yV-FKLlyUw5LUyi-6ml5V

best

Wow, that I did not know, that link will save a lot of people at least 2 weeks - thanks for the info.

My mom filled out the paperwork and sent all corresponding information via express to me, so I should have it by Monday, possibly by the end of the week here (doubted, but possible).

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Good news, the paperwork from my mom came in today, we immediately went to the consulate, sat for 3 hours while they gave everyone a blue slip, then they finally started giving out the good letters, we got approved, the visa is in the mail! Next step, CRBA - this should be fun...

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Good news, the paperwork from my mom came in today, we immediately went to the consulate, sat for 3 hours while they gave everyone a blue slip, then they finally started giving out the good letters, we got approved, the visa is in the mail! Next step, CRBA - this should be fun...

Congrats!!

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Wow, that I did not know, that link will save a lot of people at least 2 weeks - thanks for the info.

My mom filled out the paperwork and sent all corresponding information via express to me, so I should have it by Monday, possibly by the end of the week here (doubted, but possible).

My problem with the IRS link is that they will only except the address you last used when you filed. In my case I used a U.S, address and I live in VN. So the IRS info gets sent to thee old address and you still have to have someone send it to you in VN.

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My problem with the IRS link is that they will only except the address you last used when you filed. In my case I used a U.S, address and I live in VN. So the IRS info gets sent to thee old address and you still have to have someone send it to you in VN.

That might be true in the past but not now. You can print the tax transcripts directly from IRS website instead of waiting 7-10 days by mail.

New Journey AOS:

My fiancee came to US on the 8th of March, 2014 under K-1 visa at Newark, NJ Airport for POE.

Applied Social Security Number on the 10 of March, 2014.

Married on the 13th of March, 2014.

Sent I-485, I-765, and I-131 on the 15th of March, 2014.

Received EAD on June 7, 2014.

Received Notice of Potential Interview Waiver on July 1, 2014 date 6/27

Contacted Ombudsman on 01/12/2015.

Ombudsman contacted USCIS on 02/20/2015.

Ombudsman sent a follow up to USCIS on 03/18/2015.

I-485 approved on 03/31/2015 ( we ordered your card).

Welcome notice was mailed on 04/01/2015.

Received Welcome Notice on 04/08/2015.

Card was mailed to me/picked up by USPS on 04/08/2015.

Received GC on 4/10/2015.

Prediction 04/08/2015

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Yes, if you enter the same address that was on your latest tax return. In my case my 2013 address was an address I no longer live at. I now have a Vietnam address. I can assure you the online form won't except any address but the last one on your most recent tax form

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I believe that I registered an account with IRS or something. I can just log into IRS with user name and passport without typing an address. It will show all your income taxes from year to year and I just checked it few second ago. My user name might associate with my SSN not address.

New Journey AOS:

My fiancee came to US on the 8th of March, 2014 under K-1 visa at Newark, NJ Airport for POE.

Applied Social Security Number on the 10 of March, 2014.

Married on the 13th of March, 2014.

Sent I-485, I-765, and I-131 on the 15th of March, 2014.

Received EAD on June 7, 2014.

Received Notice of Potential Interview Waiver on July 1, 2014 date 6/27

Contacted Ombudsman on 01/12/2015.

Ombudsman contacted USCIS on 02/20/2015.

Ombudsman sent a follow up to USCIS on 03/18/2015.

I-485 approved on 03/31/2015 ( we ordered your card).

Welcome notice was mailed on 04/01/2015.

Received Welcome Notice on 04/08/2015.

Card was mailed to me/picked up by USPS on 04/08/2015.

Received GC on 4/10/2015.

Prediction 04/08/2015

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Thanks that is very interesting. I guess I am not aware of that link. I tried the link that was given on a thread here on VJ. It was the same I had tried before with the results I told you about. You don happen to have the link do you?

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