AOS.. Does the consulate HAVE to consider assets with income?

[Sunnybeach7 2]

When applying for a spouse and you are short income, you are allowed to make up the difference in what you are short x3. Does the consulate HAVE to consider your assets before denying you, or can they just say that they won't allow assets to make up the difference, and refuse you?

[NikLR 13,227]

They have to consider well documented, provable assets that are not a main car and generally not a main home.  The assets must be liquid or able to be liquid within 1 year without undue hardship on the sponsor.

 

But "consider" does not mean approve.  They can still decide that the assets aren't the right kind etc and require a joint sponsor.  

Edited January 4, 2017 by NikLR

[Sunnybeach7 2]

Just now, NikLR said:

They have to consider well documented, provable assets that are not a main car and generally not a main home.  The assets must be liquid or able to be liquid within 1 year without undue hardship on the sponsor. 

That would include cash in bank accounts, correct? And do you know if it would also include stocks, bonds and stuff in a retirement account when the sponsor is past retirement age and can freely withdrawal on the account?

[NikLR 13,227]

Yes cash, stocks, bonds etc... anything that is liquid (cash is liquid) or can be made liquid within 1 year.

But the items must be documented.  So a sudden 10k cash in your bank account is going to be suspect. 

[Sunnybeach7 2]

2 minutes ago, NikLR said:

Yes cash, stocks, bonds etc... anything that is liquid (cash is liquid) or can be made liquid within 1 year.

But the items must be documented.  So a sudden 10k cash in your bank account is going to be suspect. 

Thanks so much for your reply. Do you have any advice on what I could do since my husband was told he had to get a joint sponsor because we didn't meet the income requirements (missing about $10,000, but sent documented statements of the values of checking and retirement accounts that total about $80,000).. The interviewer did not mention the assets being used at all and just kept telling him we didn't have enough income and need a joint sponsor.

[EM_Vandaveer 2,408]

Is it not NVC that decides if the I-864 is sufficient or not?

[Sunnybeach7 2]

1 minute ago, EM_Vandaveer said:

Is it not NVC that decides if the I-864 is sufficient or not?

No.. it is the consulate that decided at the interview

[Boiler 45,519]

Go with the joint sponsor?

[Sunnybeach7 2]

2 minutes ago, Boiler said:

Go with the joint sponsor?

I wish I could. My father and all of his family is dead except one uncle who lived in another state last I heard about 10 years ago. My mother who is sponsoring with me is retired. I'm an only child, and the few of mom's relatives that there are are also retired, so if they won't let us use our assets, I'm sure they wouldn't let them use theirs either.

[Boiler 45,519]

Does not have to be a relation

[evalili 10]

16 hours ago, Sunnybeach7 said:

I wish I could. My father and all of his family is dead except one uncle who lived in another state last I heard about 10 years ago. My mother who is sponsoring with me is retired. I'm an only child, and the few of mom's relatives that there are are also retired, so if they won't let us use our assets, I'm sure they wouldn't let them use theirs either.

 

Don't worry. If your cash in bank, stock and bonds are enough (minimum minus income, then multiplied by 3), then that would work.

 

If you get a co sponsor, then their assets will have to be the difference multiplied by 5.

[JFH 12,190]

On 03/01/2017 at 7:34 PM, Sunnybeach7 said:

That would include cash in bank accounts, correct? And do you know if it would also include stocks, bonds and stuff in a retirement account when the sponsor is past retirement age and can freely withdrawal on the account?

 

 

Cash in a bank account they usually want proof that it has been in the back fir at least a year. You can't put $10,000 in the bank on Monday and go to the interview on Tuesday and say "look I have enough in the bank". The retirement/pension fund won't be of any use as it cannot be accessed until the person has retired. All assets must be able to be liquified within a year. 

[Sunnybeach7 2]

On 1/3/2017 at 11:22 PM, Boiler said:

Does not have to be a relation

Yeah, I realize that, thanks. Unfortunately I don't have anyone that is not a relation either.

[Sunnybeach7 2]

7 hours ago, evalili said:

 

Don't worry. If your cash in bank, stock and bonds are enough (minimum minus income, then multiplied by 3), then that would work.

 

If you get a co sponsor, then their assets will have to be the difference multiplied by 5.

We have enough, to make up the difference in assets (cash, retirement account) x8 (I know we only have to have x3).. but it seems they won't consider our assets at all. I did send them a year worth of proof for everything. Also I own the house, but I figured they wouldn't use it anyway since we live in it, so I don't count it in estimation for assets.

[Sunnybeach7 2]

44 minutes ago, JFH said:

 

 

Cash in a bank account they usually want proof that it has been in the back fir at least a year. You can't put $10,000 in the bank on Monday and go to the interview on Tuesday and say "look I have enough in the bank". The retirement/pension fund won't be of any use as it cannot be accessed until the person has retired. All assets must be able to be liquified within a year. 

 

Yeah I provided bank statements as well as retirement plan statements for a year.. however, they wouldn't consider them. I think you missed where I said my mother is past retirement age, so accessing the account would not be a problem. We are using my mother's income and assets as well since we live in the same household. If my mother was still working, she would have been able to sponsor easily with her income plus Social Security Retirement.. unfortunately she had to have leg surgery a few years ago and lost some of her lower leg. Since she has not been able to walk more than several feet with her walker, I've been taking care of her here since the surgery.