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zandtee

Can u use assets to sponsor a wife in vietnam?

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

filing for the cr1 visa if im unemployed can I still sponsor soemone with assets? I have 100k in a savings account.  I knwo for other countries you can do it with assets but how about vietnam? If i cant use assets how about co sponsor? Will assets/co sponsor make it harder for them to approve it?

Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
Posted

this is from USCIS site instructions for using asests / note the peverty level amount is now highter and you need to look at the 125% poverty guidelines for current year

 

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

from USCIS. gov site

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Your assets currently will qualify, but more importantly, the criteria for their judgement has to do with future outlook.  How long have you been unemployed?  What are the likelihood of future employment?  Depending on these answers, they will definitely look more closely if you have no employment record in the recent past. 

 

Put yourself in the role of the person reviewing your case:  This person has been unemployed for a couple of months but he has proved he has been working in the past prior to that...and that he can secure a job in the future...no problem.  Conversely, this person has very little employment history AND he has 100k in the bank...something does not add up.

 

Also lets be real...if you have been working for cash and have not filed tax returns the easiest fix is to start now.  Take any job off the streets part time on the weekends and compliment that with your cash assets.  

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
6 hours ago, Hoa Nguyen said:

Your assets currently will qualify, but more importantly, the criteria for their judgement has to do with future outlook.  How long have you been unemployed?  What are the likelihood of future employment?  Depending on these answers, they will definitely look more closely if you have no employment record in the recent past. 

 

Put yourself in the role of the person reviewing your case:  This person has been unemployed for a couple of months but he has proved he has been working in the past prior to that...and that he can secure a job in the future...no problem.  Conversely, this person has very little employment history AND he has 100k in the bank...something does not add up.

 

Also lets be real...if you have been working for cash and have not filed tax returns the easiest fix is to start now.  Take any job off the streets part time on the weekends and compliment that with your cash assets.  

last time i had a job was in march 2017.  I had the same job for 4 years and I did well.  I ask because I quit my job to spent time with my wife overseas.  From april 2017-july we lived together hence why I dont think I hit the 20k income requireement.  I got back in august and have been lazy.  The 100k is an inheritance from my grandpa.

Filed: Other Country: Saudi Arabia
Timeline
Posted
3 minutes ago, zandtee said:

last time i had a job was in march 2017.  I had the same job for 4 years and I did well.  I ask because I quit my job to spent time with my wife overseas.  From april 2017-july we lived together hence why I dont think I hit the 20k income requireement.  I got back in august and have been lazy.  The 100k is an inheritance from my grandpa.

You need to have 3X the 125% poverty level for your household size to sponsor your wife.  You can sponsor with no job / assets only.  Been there, done it.

 

I don't believe that they apply one rule in one place and another rule somewhere else. 

Filed: Other Country: Saudi Arabia
Timeline
Posted
7 hours ago, kris&me said:

this is from USCIS site instructions for using asests / note the peverty level amount is now highter and you need to look at the 125% poverty guidelines for current year

 

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

from USCIS. gov site

3X to sponsor a spouse

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
3 minutes ago, Nitas_man said:

You need to have 3X the 125% poverty level for your household size to sponsor your wife.  You can sponsor with no job / assets only.  Been there, done it.

 

I don't believe that they apply one rule in one place and another rule somewhere else. 

when you said "been there done that' you mean thats how you sponspored your wife?

Filed: Other Country: Saudi Arabia
Timeline
Posted (edited)
Just now, zandtee said:

when you said "been there done that' you mean thats how you sponspored your wife?

Yep.  Just did it again actually for a returning resident visa.  So twice now. 

When you live overseas and are returning to the US there is no choice but to use assets.  They don't care how much you make overseas, they assume you are jobless when you return.

Edited by Nitas_man
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
Just now, Nitas_man said:

Yep

out of curiosity how much did you have? Id like to thank you nitas and hoa.  Hoa made me feel at eased when he told me the mindset that the officers may have.    Since ive had a job in the past and can secure a job in the future I am relieved.  Thank you hoa and nitas you have been helpful.

Filed: Other Country: Saudi Arabia
Timeline
Posted
Just now, zandtee said:

out of curiosity how much did you have? Id like to thank you nitas and hoa.  Hoa made me feel at eased when he told me the mindset that the officers may have.    Since ive had a job in the past and can secure a job in the future I am relieved.  Thank you hoa and nitas you have been helpful.

My recollection was we declared 4.5X(ish) required for household size

Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
Posted
10 hours ago, Nitas_man said:

3X to sponsor a spouse

got that from immigration website

it is 5 times if sponsor has no other income

it is income plus 3 times if the person has a job

that was explained to me at an info pass i did when i wanted to use my assests and not send in tax transcipts

read the link i sent as it is USCIS

also says the bene assests can be used

Posted
2 hours ago, kris&me said:

got that from immigration website

it is 5 times if sponsor has no other income

it is income plus 3 times if the person has a job

that was explained to me at an info pass i did when i wanted to use my assests and not send in tax transcipts

read the link i sent as it is USCIS

also says the bene assests can be used

See page 9 of your link:

"Item Number 10. Total Value of Assets.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Other Country: Saudi Arabia
Timeline
Posted (edited)
3 hours ago, kris&me said:

got that from immigration website

it is 5 times if sponsor has no other income

it is income plus 3 times if the person has a job

that was explained to me at an info pass i did when i wanted to use my assests and not send in tax transcipts

read the link i sent as it is USCIS

also says the bene assests can be used

I've run asset-based affidavits through twice.  I know how to do it and I know the rules.  It's 3X for a USC with (zero) income sponsoring a spouse.

Edited by Nitas_man
Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
Posted
3 hours ago, Nitas_man said:

I've run asset-based affidavits through twice.  I know how to do it and I know the rules.  It's 3X for a USC with (zero) income sponsoring a spouse.

then why does this USCIS site quote 5 x's

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Posted (edited)
2 hours ago, kris&me said:
6 hours ago, geowrian said:

See page 9 of your link:

"Item Number 10. Total Value of Assets.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

The OP is doing the CR-1 path, which means they are a USC applying for a spouse...thereby meeting the 3x provision quoted above from the document you linked.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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