Some questions - please need answers

[Cappedoff 0]

Hello everyone,

First off, I'd like to thank everyone for this great informative forum. I have a few questions as I'm not finding the answers ... and not really sure if we can/should file.

LIttle background story. My husband and I are married 12 years, with 3 children. I got married with my husband in Europe while in the university. I'm the USC. And I have lived abroad with my husband for 11 years now. My children are all USC. I have no income. My husband supports me and my children. And his income is abroad, as non-USC so we have no income in the US or assets in the US. But we do have foreign currency and property abroad. We'd like to move to the US but I as I said I'm not if it's possible.

1- Do I have file for all my family or only my husband including the affidavit of support?

2 - Since there is no possiblity for a co-sponsor how much and what can we us as assets? From my understanding it's 5x the income needed? If this correct?

3 - And since I have not lived in the US - I have had no income or tax filed ... how will this influence our case? Will it automatically be denied?

Thank you very much

[Shauneg 762]

1. Everyone

2. 5 times, yes.

3. You still have to had file taxes, living abroad does not exempt you from that...

[tasakchy 9]

1. You will need to include them as dependents on the I-864 since they will be living with you in the US, I presume.

2. Yes, you need to show you can liquidate the assets within one year and include description of each one. It's it 3x for spouses and children of USC.

3. You will need to provide a letter stating why you have not filed taxes although I think it's possible to file late tax returns. To prove reestablishment of domicile, you need to provide concrete evidence that you intend to move back to the US before the immigrant enters. Provide proof that you have a home to live in the US (e.g. apartment lease, mortgage papers etc.) and/or proof of a job you'll be taking up in the US.

Edited July 23, 2015 by tasakchy

[mallafri76 1,012]

1. You only file a petition for your husband, as your children are all USC

2. If you want to use assets, you need three times the federal poverty guidelines for a family of five, so about $106,536. You can use both savings, stock portfolio and property abroad. Here's a link to see the amounts:

http://travel.state.gov/content/dam/visas/policy_updates/2015%20Poverty%20Guidelines%20for%20Immigrant%20Visa%20Processing.pdf

3. You need to show assets of above amount or a US income of $35,512. If you can't do either of this, you need a joint sponsor that meets 125% of the poverty guidelines. As you live abroad, you also need to show intent to take up domicile in the US.

Edit: I see other posters have posted while I was writing my post. If you are the USC and you are petitioning for your spouse, the asset amount is three times the poverty guidelines, NOT five. My husband and I are using assets.

Edited July 23, 2015 by mallafri76

[Cappedoff 0]

So am I understanding this correctly? I need to file the IR only for my husband but file the AOS for everyone?

And need to have US income of $35,512USD ... but in terms of assets ... is it 3x or 5x that income? And do the assets need to be in the US or USD? Thank you!

[tasakchy 9]

So am I understanding this correctly? I need to file the IR only for my husband but file the AOS for everyone?

And need to have US income of $35,512USD ... but in terms of assets ... is it 3x or 5x that income? And do the assets need to be in the US or USD? Thank you!

Yes, file the I-130 for only your husband since your children are already USC. But you need to include your children on the AOS, no need to file a separate AOS for them.

Assets it will be 3x since you are a USC petitioning for your spouse. Yes, it needs to be valued in USD but, its okay if the assets are abroad.

Edited July 23, 2015 by tasakchy

[Shauneg 762]

Yes, sorry I mispoke about being 5x

[Cappedoff 0]

@tasakchy:

What does it mean "valued in USD"? It's value estimated in USD or someone from US/US embassy needs to estimate/appraise its value? Sorry for my ignorance on the topic. Rough estimate our assets are around 100,000USD ... half of which is money in bank (here, not in the US) and other half is property. We just bought a new car (cash) last winter before our plans to return to the US. This can't be used on the AOS unless we sell it, right?! I only ask since roughly we might be about $6,000 short. I'm sure we could come up with the money but I'm curious about the car, since cars loss value unlike property. Also do the assets have to be in my name? Or can they be in my husband's name? Or joint?

@Shauneg:

It's fine. Thank you for replying. It's all so confusing LOL

@everyone ... Thank you everyone for your help!

Edited July 23, 2015 by Cappedoff

[tasakchy 9]

It's value just has to be estimated in USD.

The assets can be either in your name or in the name of the intending immigrant.

You can only use bank account balances (cash), real estate holdings and stocks, bonds and certificates of deposits. I'm pretty sure you can't use the car since they depreciate in value, unless you sell it.

[Cappedoff 0]

Thank you and is there any offical document used to prove their value for the AOS? Sorry I keep asking questions

[tasakchy 9]

You can have your property professionally appraised by a certified appraiser and make sure to put the equity value and factor in the loan amount. Include purchase agreements and deeds, proving that you or your spouse are the owner.

Also, when evidencing the cash in the bank accounts, I believe you need to prove that it has been on deposit for at least 12 months so just provide a year's worth of bank statements.

From the I-864 Instructions:

"You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."