request for initial evidence - assests needed

[laurenandmarisa 0]

So I felt like my case has been going so good so far until about a month ago when I got a request to send tax forms, ok it was my fault i apparently sent the wrong form, sent the new one back all was well. Now today I got another notice that requests additional evidence and that additional assests were needed.

My income for the year was $16,239 and the 125% guideline requirement for 2 people is $19,663. At the time of submission I had a little over $26K in my checking account. With the additional money of my wife, which was a little over $17K. Being as I was $3,424 short for the 125% I needed 5 times the assets which would have meant I needed an additional $17,120. I just learned that now that we are married it is only 3 times the amount needed in assets which is $10,272. Over the last several months my checking account has gone down a bit with all of our expenses but even still we are now $11K over what is required, plus the money that is still in her foreign bank account. The notice we recieved says we need $9444.00 in assests in order to meet the 125% or aquire a joint sponsor. I am utterly baffled as to where this is coming from.

Has anyone else had this problem? I've been reading a few other cases and some people seem to think that the money that is in a foreign bank account may not be being counted. I dont know what to do any help would be greatly appreciated.

[NigeriaorBust 4,087]

The assets you need are 3 times the shortage of your income.

[Darnell 8,479]

what are you filing?

you mentioned 'wife' and it seems yer in the USA but you posted in the K-1 forum.

Must I click yer timeline thingie?

[Ontarkie 14,445]

~~Moved to AOS from Family based Visas , from K1 Process and Procedures~~

[sogreeny 2]

hello,

we have exactly the same problem, first request of evidence, then a second exactly like you, and i have send recently my asset from foreign country but i am worry, i don't know if they will count.

Normally in the instruction of i-864 it is writting that asset of intendant immigrant can be add, i think it is need to be covertissable into cash immediately.

I am so stress and worry, and because request of evidence, no EAD come and it is more than 90 day, so how do to start work, it is a lot of patience...

Someone know, if the foreign asset will be accepted????

[laurenandmarisa 0]

Yeah I am on a k-1 visa sorry. I understand you need 3 times the assets in income and I was told my savings could be used as assets which is why I'm confused. Because if that's the case I should have enough no?

Edited November 25, 2014 by laurenandmarisa

[belinda63 3,047]

It looks like they are looking for proof of your assets such as bank statement for the past 12 months, copies of proof of ownership of stocks/bonds, property appraisals, etc. What did you send to support your claim of assets?

[laurenandmarisa 0]

That's what I was wondering? I didn't have a years worth of bank statements so I went to the bank and got a paper that showed my total withdrawals and deposits for the year as well as an overall balance, how long I've had an account etc etc. But I still don't understand where the $9444 is coming from. Unless that is the number I need after my income. But when I do the math that number doesn't add up, as it's supposed to be $10,272 in assets.

It looks like they are looking for proof of your assets such as bank statement for the past 12 months, copies of proof of ownership of stocks/bonds, property appraisals, etc. What did you send to support your claim of assets?

[belinda63 3,047]

Ignore the math and prove you have at least as much in assets as you think you need which is higher than they are requesting. They have bracket for you the proof you need to show this. More would be better. So at a minimum 12 months of bank statements, proof of any stocks/bonds, proof of a 401k/IRA, etc.

[KayDeeCee 4,896]

You need to prove ownership and value of all assets you list. If you listed your wife's assets, then you would have needed to provide proof of those as well. It is more difficult with foreign assets, as the proof may not be in English, and they need to be able to have a cash value(in USD) within a year with no hardships. Same goes for your assets. It is going to be more difficult to prove your assets from a checking account, since you are currently using up those funds, and they would not be available in case they were needed for the sponsorship. It is possible they are not accepting either and are asking for proof of other assets to satisfy the requirement, or to use a joint sponsor.

You may want to consider finding a joint sponsor.

[Gussy & Chany 11]

I am in the same boat since I also receive a RFE today for this:(. This is so stressful. I got almost 24K in Euros of savings. My wife just meets slightly the income requirements and we are wondering what to do. Should we go ahead with sending in the paperwork? Did anyone of your guys already got a response?

It so unfair and ridiculous!

[Darnell 8,479]

it's my understanding that the assets to be shown are the USCitizen's assets, so bear that in mind when yer doing the math.

There's some wiggle room on joint assets but must be in the USA - foreign accounts outside the USA in the beneficiary's name, to the best of my knowledge, don't count on the I-864.

[Gussy & Chany 11]

I transferred my money to our joint account about 10K. My wife currently is short 2.3K when comparing 19700 to her cumulative earnings of 2014.

When I forward a copy of our USA joint bank statement which will hold 10K are we good?

[KayDeeCee 4,896]

it's my understanding that the assets to be shown are the USCitizen's assets, so bear that in mind when yer doing the math.

There's some wiggle room on joint assets but must be in the USA - foreign accounts outside the USA in the beneficiary's name, to the best of my knowledge, don't count on the I-864.

But it does not state anywhere in the I-864 instructions that foreign assets cannot be used. It does not state they must be joint or in the US. There is a section on the I-864 to optionally include the sponsored immigrant's assets.

6. - 8. Assets of the Intending Immigrant.

You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant

must provide evidence of such assets with this form. Form I-864A is not required to document the intending

immigrant's assets.

[Darnell 8,479]

ya, that's where I get mixed signals.

DoS says one thing, USCIS another.

I have DoS 'rules' burned into my brain..