DCF London I-864 question

[Nitas_man 3,100]

On ‎7‎/‎31‎/‎2018 at 3:16 PM, moeandlu said:

ah ok so 1 i-864 for me (no USA income at the moment as living in the UK), 1 for dad, and i-864a for mom (they do file taxes together).

 

thanks so much!

 

do i need to bring cohabitation evidence (financial documents, any proof of income while here in england?)

You still need to file an I-864 as the primary sponsor and you will need to be showing that you have been filing and are current (or) are not required to file US taxes.  Like most expatriates they will look at your income and taxes while you are overseas but if income does not continue after return to the US they apply zero income to the USC sponsor.  You can include your (liquid easily accessible) assets or not, your parents will only have to make up the difference in income between 1/3 of your assets and the 125% USCIS poverty guideline level.

As to proof of cohabitation etc I don't remember them taking anything in the package but the basic attachments that are on the instructions.  London may be different, but they returned all of my "evidence of marriage" back to me at the counter where I filed.  Good luck.

On ‎8‎/‎3‎/‎2018 at 5:17 AM, moeandlu said:

I’ve got questions on part 5 and part 6 of I-864. 

 

Filling it out for myself - household size therefore is 2 (no kids). When my dad/mom fills this out (mom will fill out I-864a)  do they include my husband and I in their household size?

Their household size is 2 (assumption) and they are adding your husband as the immigrant.

[moeandlu 4]

for part 6 after number 7 - 'income you're using from any other person who was counted in your household' - do i count my parents (in the US) as part of this? i've got my spouse (the immigrant) listed, however as both our incomes are currently based on our UK salaries, they wouldn't count for anything (despite the fact we will obviously be settling/getting jobs in the US). Do i list my parents here as person 2 and person 3, as they will be doing i-864 and i-864(a)?

[Nitas_man 3,100]

53 minutes ago, moeandlu said:

for part 6 after number 7 - 'income you're using from any other person who was counted in your household' - do i count my parents (in the US) as part of this? i've got my spouse (the immigrant) listed, however as both our incomes are currently based on our UK salaries, they wouldn't count for anything (despite the fact we will obviously be settling/getting jobs in the US). Do i list my parents here as person 2 and person 3, as they will be doing i-864 and i-864(a)?

No.  Your household and your parents household are two completely separate households.  Your household is just you and your husband.  Assuming zero income your I-864 should only list assets (if you're using them), and their affidavits are for their own household.

[moeandlu 4]

1 hour ago, Nitas_man said:

No.  Your household and your parents household are two completely separate households.  Your household is just you and your husband.  Assuming zero income your I-864 should only list assets (if you're using them), and their affidavits are for their own household.

ok, thanks so much. so not even applicable to list our current/UK incomes as they will cease when we relocate - correct?

[moeandlu 4]

i-865 part 5 - automatically populates my household size to 3 - 1 because 1 immigrant sponsored, 1 because i'm not sponsoring myself, 1 because i'm married (spouse is immigrant) however this auto-populates my household size to be 3, but it's only 2 (husband, myself, no children or dependants). do i not list that i'm married? feels like one of the redundant trick questions! 

 

[geowrian 22,337]

22 minutes ago, moeandlu said:

i-865 part 5 - automatically populates my household size to 3 - 1 because 1 immigrant sponsored, 1 because i'm not sponsoring myself, 1 because i'm married (spouse is immigrant) however this auto-populates my household size to be 3, but it's only 2 (husband, myself, no children or dependants). do i not list that i'm married? feels like one of the redundant trick questions!

"Do not count any member of your household more than once" => Spouse = 0 since she is counted in #1.

[moeandlu 4]

26 minutes ago, geowrian said:

"Do not count any member of your household more than once" => Spouse = 0 since she is counted in #1.

thank you!!

 

 

[moeandlu 4]

Exploring filing I-864 solo - if I don’t have established income in the US yet (as I’m living/working in the UK until relocation with my husband) does this mean I would have to list assets at 5 x the difference? For example, if I were 5k short on the income, I would have to list 25k instead of 20k. 

 

Does this mean mean with no job I would have to list $100k in liquid assets if no joint sponsors are included? Whatever liquid assets I do list (car, retirement funds), do I need to provide documentation? If so, how far back for bank accounts/funds etc? If it’s a car, does it need to be appraised? (It’s an old classic car - here in the UK)

[geowrian 22,337]

2 hours ago, moeandlu said:

Exploring filing I-864 solo - if I don’t have established income in the US yet (as I’m living/working in the UK until relocation with my husband) does this mean I would have to list assets at 5 x the difference? For example, if I were 5k short on the income, I would have to list 25k instead of 20k. 

 

Does this mean mean with no job I would have to list $100k in liquid assets if no joint sponsors are included? Whatever liquid assets I do list (car, retirement funds), do I need to provide documentation? If so, how far back for bank accounts/funds etc? If it’s a car, does it need to be appraised? (It’s an old classic car - here in the UK)

It's 3x for a spouse, actually. So if you were 5k short on income, you would need to show at least $15k in assets.

 

You must provide documentation for all income and/or assets being used. For assets, you must show all of the following:

1. The asset is convertible to cash within 1 year.
2. Using the asset would not do undue harm to you or your family members/household.
3. You own the asset.
4. The net value of the asset.

For a bank account, all of the above is fairly easy to show via bank statements. Typically they want to see about 12 months back (to ensure there's nobody just giving you a lump sum that you will return once getting the visa).

For a car, it cannot be your sole usable vehicle (see point #2...this is explicitly listed in the I-864 instructions as not being eligible). You can have the car appraised or use another reputable source (i.e. NADA or KBB). For a classic car, depending on value, appraisal is a practical consideration if it is well maintained IMO.

[moeandlu 4]

3 hours ago, geowrian said:

It's 3x for a spouse, actually. So if you were 5k short on income, you would need to show at least $15k in assets.

 

You must provide documentation for all income and/or assets being used. For assets, you must show all of the following:

1. The asset is convertible to cash within 1 year.
2. Using the asset would not do undue harm to you or your family members/household.
3. You own the asset.
4. The net value of the asset.

For a bank account, all of the above is fairly easy to show via bank statements. Typically they want to see about 12 months back (to ensure there's nobody just giving you a lump sum that you will return once getting the visa).

For a car, it cannot be your sole usable vehicle (see point #2...this is explicitly listed in the I-864 instructions as not being eligible). You can have the car appraised or use another reputable source (i.e. NADA or KBB). For a classic car, depending on value, appraisal is a practical consideration if it is well maintained IMO.

I am set to receive some funds from inheritance when I move back - if this were to be transferred now into my American account, would it not count as it would look like it’s only being transferred for the visa? WhT documentation would need to be provided to prove those funds are legitimate? It’s not in a will I’m aware of, my parents were left it and it’s their choice to distribute it

[geowrian 22,337]

22 minutes ago, moeandlu said:

I am set to receive some funds from inheritance when I move back - if this were to be transferred now into my American account, would it not count as it would look like it’s only being transferred for the visa? WhT documentation would need to be provided to prove those funds are legitimate? It’s not in a will I’m aware of, my parents were left it and it’s their choice to distribute it

I would provide documentation that the funds were from an inheritance. I don't know what is involved with inheritances (luckily I've never had to deal with that), but showing that the funds are actually yours to do what you want with them should be sufficient. They're looking out for people taking out loans or having friends/family members put money into an account only to return it after the visa is issued. An inheritance doesn't fit that pattern.

[moeandlu 4]

6 minutes ago, geowrian said:

I would provide documentation that the funds were from an inheritance. I don't know what is involved with inheritances (luckily I've never had to deal with that), but showing that the funds are actually yours to do what you want with them should be sufficient. They're looking out for people taking out loans or having friends/family members put money into an account only to return it after the visa is issued. An inheritance doesn't fit that pattern.

Ok, so there aren’t exact guidelines on it, just sort of whts “best” and seems legitimate? I feel like me having proof of only 2 or so months with the funds may seem funny to them. 

 

If we plan to move in January, what’s the latest we could do the interview? Medical is currently scheduled for 14th sept 

[geowrian 22,337]

5 minutes ago, moeandlu said:

Ok, so there aren’t exact guidelines on it, just sort of whts “best” and seems legitimate? I feel like me having proof of only 2 or so months with the funds may seem funny to them. 

 

If we plan to move in January, what’s the latest we could do the interview? Medical is currently scheduled for 14th sept 

You would still show the 12 months of statements, but also include evidence that the large deposit is an inheritance.

 

The medical is valid for 6 months and the visa should be issued until its expiration. As for the interview, many people get approved and the passport back within a couple weeks. Some people are issued a 221g for additional documentation, which can add weeks or months depending on what exactly is being requested. Some people are put into extended AP for background checks, which could be weeks, months, or over a year. There's no way to know exactly how long it will take, just that in most cases it's a matter of weeks from interview to visa + passport received if all needed documentation is provided at the interview.

[moeandlu 4]

33 minutes ago, geowrian said:

You would still show the 12 months of statements, but also include evidence that the large deposit is an inheritance.

Ok cool thank you! And 12 months of my American bank account statements with the inheritance in for only about 2 months will be acceptable, you think? 

Do you have a good source for USCIS or embassy literature on guidelines for assets do you? The instructions for I-864 were vague unless im

Overthinking  it

[geowrian 22,337]

12 minutes ago, moeandlu said:

Ok cool thank you! And 12 months of my American bank account statements with the inheritance in for only about 2 months will be acceptable, you think? 

Do you have a good source for USCIS or embassy literature on guidelines for assets do you? The instructions for I-864 were vague unless im

Overthinking  it

I think so. the CO makes the final call, but it doesn't jump out to me as unusual.

The I-864 instructions are the go-to source for information, specifically pages 9-12 for assets.