Thai Assets Accepted for Affidavit of Support?

[Siam Sam 6]

My wife and I have been getting ready to file our I-130 here in Bangkok but hit a speed bump. We're preparing to move back to Hawaii -- she lived there before as a graduate student -- but we see now that when it comes time for the interview, our income will not meet the 125% of poverty line rule. My wife retired last month and has a small pension of only about $500 a month. I'll be leaving my position at the end of next month and will make do with some freelance work until it comes time to move. So our income will not meet the 125% rule when it comes time for the interview.

We do have enough cash on hand to meet the 125% rule, but unfortunately that's counted as an asset and not income. So we'll have to meet the 3:1 rule for assets. Now, we do own property, at least $250,000 worth including our condo. If USCIS will accept our property on the Affidavit of Support for the interview, then we're home free. But we don't want to waste the $420 filing fee if it looks like we'll be rejected due to this. Can anyone tell me their experience with including foreign assets on the AOS? I understand no one can promise me ours will be accepted, but I would like to get a general idea of how assets like property owned here in Thailand is generally viewed before deciding whether to chance proceeding with our filing.

We've been in Bangkok for 22 years, married just about that long too. (We met in school in Hawaii.)

[chrisete 55]

Interesting. I am going for my interview soon and my immmigration consultant had me frontload my application with my Canadian assets. We also meet the poverty guidelines but wonder what will be accepted. It is well about the 3:1 you speak of but that is new to me. My fiancé is also freelance so income is not consistent or guaranteed. I was told that I was 'safe' since i was bringing my assets with me...please let me know how that goes.

[Transborderwife 4,666]

Aren't foreign assets 5:1?

[chrisete 55]

Thanks for that Transborderwife as I stated below that I didn't know about that ratio....and I'm still way above so thanks to you I am breathing a big sigh of relief on that

[Siam Sam 6]

My understanding is the ratio is 3:1 in the case of a spouse and 5:1 for anyone else. But it doesn't matter to me, as we also meet the 5:1 ratio. Heck, we own a quarter million dollars' worth of property. We're property rich but cash poor, at least for the moment. In cash we have pretty much exactly, and I mean almost to the very dollar, the 125% guideline for Hawaii, where we'll settle. But that's not income, that's an asset. And our property assets cannot be taken to the US.

I can't let you know how it goes anytime soon, because we've put our filing on hold until we can get to the bottom of this. and then the interview once we do file will be, what, months away?

Again, does anyone out there have any personal experience with Thai property and Bangkok USCIS office? I've found the office generally helpful and have sent them a message asking for any advice but not heard back from them yet.

Edited January 12, 2016 by Siam Sam

[aaron2020 11,651]

If the asset is your primary home, then you can not count it.

[Siam Sam 6]

One asset is our primary home. But we also own a townhouse, or rather my wife does, and it will meet the requirement.

But I've not heard the rule about primary homes can't be counted. Geez, it seems like every time I turn around, a new rule pops up.

[aaron2020 11,651]

From the US State Department: http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months
  
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
  
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.
  

[Transborderwife 4,666]

<p>

From the US State Department: http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

Exactly. Thank you Aaron

Edited January 12, 2016 by Transborderwife

[Siam Sam 6]

That very same website linked above says:

"The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

"Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income."

In that same link, click on "What Cash Value of Assets is Needed?"

So it is 3:1 for spouses. But I guess our problem is going to be the movable part. Again, looks like it's time to liquefy some assets.

And again, does anyone have any personal experience with Thai property and USCIS?

Edited January 12, 2016 by Siam Sam

[aaron2020 11,651]

That very same website linked above says:

"The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

"Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income."

In that same link, click on "What Cash Value of Assets is Needed?"

So it is 3:1 for spouses. But I guess our problem is going to be the movable part. Again, looks like it's time to liquefy some assets.

And again, does anyone have any personal experience with Thai property and USCIS?

It's not 3:1. You fail to account for it being a foreign asset. It's 5:1.

It would be 3:1 if it were US assets.

[Siam Sam 6]

Gah! Like I said, every time I turn around, a new rule. But the part I'm looking at does not specify the 3:1 assets must be in the US.

But again, we still meet the 5:1 ratio. I want to know people's experiences with this and the Bangkok office.

[Siam Sam 6]

The money transfer issue seems not to be a problem after all. An American friend of mine who lives here tells me he transferred literally millions of baht out of here last year alone, to his US bank account. Said he's heard all the scare stories over the years too about how it can't be done, at least not easily, but his bank did it. He's just Joe Blow Citizen, not a big businessman. (He runs a Thai-based website and is a consultant.)

I also have an acquaintance who is an immigration-law paralegal in Chicago, and she's been giving me some advice. She advises going ahead and filing here now anyway. Says if there is any problem with my assets, they'll be detailed in a 221(g) letter (after the section of law regarding sufficient documentation). Said applicants are normally given a year to rectify the matter. If we can't get something figured out during that time -- and I expect to be in Hawaii by that time anyway and hopefully employed -- then we probably shouldn't even be trying.

So I think we're going to go ahead and file this month and continue working on a solution to the asset problem.

Edited January 13, 2016 by Siam Sam

[dave2u 0]

i am worried about this also. using my assetes i am retired disabled with my SSD now that is not enough but i do own 3 houses in the state of florida i was told that i can only use the house that i live in by someone and that house has to be 125% pf poverty level and i believe it would then have to be worth 100,000 us dollar and that is no problem as it is valued at 235,000-250,00 my other 2 houses are combines worth is around 300,00us my SSD is 850.00 and i do own 6 cars and have a very intense gold collection and i do show i have at least over 10,000us dollars in checking i am wondering if i would have any problems because i do not do taxes because i do not work and i buy these houses as the value has been almost double in the past 3 years and will sell at the top of market im just wondering if they can say no to my assets

[gradtaai 8]

From what I read in your post, all your assets count except one car, I have never heard that you can only use the house you live in. The value of your property minus what you owe counts. Sounds like you are in good shape.

i am worried about this also. using my assetes i am retired disabled with my SSD now that is not enough but i do own 3 houses in the state of florida i was told that i can only use the house that i live in by someone and that house has to be 125% pf poverty level and i believe it would then have to be worth 100,000 us dollar and that is no problem as it is valued at 235,000-250,00 my other 2 houses are combines worth is around 300,00us my SSD is 850.00 and i do own 6 cars and have a very intense gold collection and i do show i have at least over 10,000us dollars in checking i am wondering if i would have any problems because i do not do taxes because i do not work and i buy these houses as the value has been almost double in the past 3 years and will sell at the top of market im just wondering if they can say no to my assets