Using Assets to Meet IR1 Sponsorship Requirements

[pushbrk 12,882]

With that additional information, I wouldn't be very worried about the public charge issue.

[geowrian 22,337]

5 hours ago, John&Jojo said:

Where does the USCIS say that it must be in your possession for over 1 year?

It's not a requirement, but is still good if possible. For instance, there are certainly cases of people having a sudden influx of money in their account weeks or a few months before the interview...presumably loaned or from a friend/family member under the agreement that it would be returned. Sending statements over a longer period of time can show that the money is really yours and can be used to support your wife.

 

Second, as noted already, USCIS doesn't issue the visa and you made it through NVC already. The CO will look at it and make a decision.

 

5 hours ago, John&Jojo said:

What sort of discretion does the CO have? I certainly meet the USCIS requirement of having assets over the line I need... but do they have discretion on this?

Honestly, it's pretty broad discretion. They look at the totality of the circumstances, not just minimums.

[kris&me 572]

it is 3 times for spouse (after income)

read this as you have to show the money has been in account a year

#4. Only include assets if income is insufficient. It was originally thought that assets would play a key role in pushing the sponsor over the top. But in reality, assets are seldom used to satisfy the income requirement.  Remember that they must be “significant” and able to be converted into cash within one year.  This boils down to money in a bank account, stocks or bonds, and the value of any real estate.  With housing values rebounding, this last alternative is the most popular.  Although the agency’s policy is to require certified real estate appraisals, I have seen a lot of cases where the sponsor submitted one obtained from the Internet. Make sure you are only including the equity value and have factored in the loan amount. The value of the assets must be five times the shortfall in income, unless a U/S. citizen is sponsoring his/her spouse or minor child.  In that case the assets must total only three times the shortfall. If using money in a bank account, submit records indicating that it has been on deposit for at least twelve months. If using the value of an automobile, it must be the second vehicle owned by the sponsor.

from this site:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

 

[RandyW 149]

The LAW, as stated in the INA, is that you demonstrate to the satisfaction of the Visa Officer that the "intending immigrant" will not become a "public charge" while in the U.S.

 

Supportive information can be submitted in ADDITION to the I-864. For example, job opportunities and career information . Like Mike (pushbrk) says, 'Having graduated from college and being in law school is a positive in your favor in regards to "totality of circumstances".'

[John&Jojo 1]

15 hours ago, kris&me said:

it is 3 times for spouse (after income)

read this as you have to show the money has been in account a year

#4. Only include assets if income is insufficient. It was originally thought that assets would play a key role in pushing the sponsor over the top. But in reality, assets are seldom used to satisfy the income requirement.  Remember that they must be “significant” and able to be converted into cash within one year.  This boils down to money in a bank account, stocks or bonds, and the value of any real estate.  With housing values rebounding, this last alternative is the most popular.  Although the agency’s policy is to require certified real estate appraisals, I have seen a lot of cases where the sponsor submitted one obtained from the Internet. Make sure you are only including the equity value and have factored in the loan amount. The value of the assets must be five times the shortfall in income, unless a U/S. citizen is sponsoring his/her spouse or minor child.  In that case the assets must total only three times the shortfall. If using money in a bank account, submit records indicating that it has been on deposit for at least twelve months. If using the value of an automobile, it must be the second vehicle owned by the sponsor.

from this site:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

 

I read that website, but I'm wondering where this information is derived from? It doesn't cite any anecdotal or NVC/consulate information that suggests this. In my case, all of the assets are cash assets. I have had about 60,000 of the 75,000 in my account for about a year. Just slightly under. 

I realize that the longer the better of course, as it shows stability in my finances. However, I don't see that this 12 month period is anything more than a slight factor under the totality of the circumstances test. 

 

I received a large amount of the money through wedding gifts from my parents and other family members. Some of the money has been saved from past jobs over time and has remained in my savings. I will also send my school transcript and school job employment letter with my wife. I'm not sure what other supplementary information I should include to go towards the totality of the circumstances. 

[pushbrk 12,882]

4 minutes ago, John&Jojo said:

and school job employment letter with my wife. 

If you are currently employed by the school or elsewhere, then that employment income is your current income.  Calculate it as your gross income for a full pay period, times the number of pay periods in a year.  Subtract that income from the minimum required income.  That tells you the shortfall, you'll be needing to apply the 3X factor.  Be sure to correctly state your current income as explained above.  Document your income with a copy of a current pay stub.

[John&Jojo 1]

1 minute ago, pushbrk said:

If you are currently employed by the school or elsewhere, then that employment income is your current income.  Calculate it as your gross income for a full pay period, times the number of pay periods in a year.  Subtract that income from the minimum required income.  That tells you the shortfall, you'll be needing to apply the 3X factor.  Be sure to correctly state your current income as explained above.  Document your income with a copy of a current pay stub.

I have included the pay stub, but it totals only $1200 for the year. Its a one time payment for an extended employment as essentially a research assistant. I am employed for at least several more months, but I will likely not be getting any more money. I included my pay stub from that lump sum payment, but I don't know that it helps considerably. 

[pushbrk 12,882]

Just now, John&Jojo said:

I have included the pay stub, but it totals only $1200 for the year. Its a one time payment for an extended employment as essentially a research assistant. I am employed for at least several more months, but I will likely not be getting any more money. I included my pay stub from that lump sum payment, but I don't know that it helps considerably. 

If you won't be receiving any more money from this employment, then that $1,200 is not current income.  No more pay is the same as being fired, in this context.  Since you can't take that amount times any number of future pay periods, you have ZERO current income and your shortfall is equal to the full 125% of the poverty level for your household size.  If you have indicated your current income is $1,200 a year, change it to zero.  "What is your current income?" is the question, not "How much have you earned this year?"

[John&Jojo 1]

Just now, pushbrk said:

If you won't be receiving any more money from this employment, then that $1,200 is not current income.  No more pay is the same as being fired, in this context.  Since you can't take that amount times any number of future pay periods, you have ZERO current income and your shortfall is equal to the full 125% of the poverty level for your household size.  If you have indicated your current income is $1,200 a year, change it to zero.  "What is your current income?" is the question, not "How much have you earned this year?"

Ah okay, I will change that. It doesn't make a huge difference in terms of my assets as its essentially a $3000 difference. I am still about $12,000 over the 3x poverty line in assets. Thanks for that information though, I will make that change. 

[pushbrk 12,882]

If law is a new profession and you had good earnings in another recent profession reflected on tax returns, choose to send all three tax returns.  Your spouse's employability is also part of the totality of circumstances.

[John&Jojo 1]

7 minutes ago, pushbrk said:

If law is a new profession and you had good earnings in another recent profession reflected on tax returns, choose to send all three tax returns.  Your spouse's employability is also part of the totality of circumstances.

Yeah I have never had earning that are much higher than poverty. I was a undergraduate student before law school and worked for a year as an English teacher. So the last 3 years in income taxes reflect about $8-10,000 in income from part time jobs during each of those years. It dropped off as I have not worked other than short term research assistantships/judicial clerkships during law school. Thats the main reason I am relying so heavily on assets now. 

[pushbrk 12,882]

4 minutes ago, John&Jojo said:

Yeah I have never had earning that are much higher than poverty. I was a undergraduate student before law school and worked for a year as an English teacher. So the last 3 years in income taxes reflect about $8-10,000 in income from part time jobs during each of those years. It dropped off as I have not worked other than short term research assistantships/judicial clerkships during law school. Thats the main reason I am relying so heavily on assets now. 

Rather than "student" or "law student" as your occupation I would express it as 1st 2nd or 3rd year Law Student.  Actually if it's 1st year, I would just say law student.

[John&Jojo 1]

Just now, pushbrk said:

Rather than "student" or "law student" as your occupation I would express it as 1st 2nd or 3rd year Law Student.  Actually if it's 1st year, I would just say law student.

Okay, I am 2nd year. I will reflect this on my application. I have also included my transcript to be sent... I don't know if it goes to the totality of the circumstances, but I'm near the top of the class. That generally reflects decent job prospects... though I don't know if the CO will even look at it.