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Filed: K-1 Visa Country: India
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Hi guys, based on some of the posts I've read around these forums, I understand that having a joint bank-account is one of the important proofs that can validate the genuineness of the marriage, & therefore, K1 couples should get a joint bank-account immediately after getting legally married. This being the case, when we're filing for Adjustment of Status, how much of the assets in the joint-account can be claimed by the US citizen-spouse on I-864 for the purpose of income-requirement? For instance, if a couple has 50k in their joint bank-account (some of which was brought over by the immigrant-spouse when they came to the US), can the US citizen claim the entire 50k as belonging to the US citizen, on their I-864, for the purpose of meeting the income-requirements for Adjustment of Status?

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27 minutes ago, K@S said:

So, no one knows how joint-assets can be claimed on I-864 for Adjustment of Status?

Who it belongs to depends on how long it was in the US bank. They require a year. If you were smart it would have been transferred long before the immigrant arrived so you could claim it as your own asset.

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Filed: K-1 Visa Country: India
Timeline
11 minutes ago, K1visaHopeful said:

Who it belongs to depends on how long it was in the US bank. They require a year. If you were smart it would have been transferred long before the immigrant arrived so you could claim it as your own asset.

Thanks for the reply. I'm asking how immigrant's (my) assets could be claimed by the USC on I-864 in case my US fiancee can't meet income-requirements on her own.

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2 minutes ago, K@S said:

Thanks for the reply. I'm asking how immigrant's (my) assets could be claimed by the USC on I-864 in case my US fiancee can't meet income-requirements on her own.

No you're not. You're asking how USCIS is going to determine what is yours and what is your spouses in your joint bank account. 

And what I'm saying is the assets have to be in a US bank account for a year to be considered the USC's assets. 

If it was less than a year i would assume then the asset would be considered as belonging to the foreign Applicant only.

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Filed: K-1 Visa Country: India
Timeline
22 minutes ago, K1visaHopeful said:

No you're not. You're asking how USCIS is going to determine what is yours and what is your spouses in your joint bank account. 

And what I'm saying is the assets have to be in a US bank account for a year to be considered the USC's assets. 

If it was less than a year i would assume then the asset would be considered as belonging to the foreign Applicant only.

Fair enough. Can she claim EVERYTHING that is in our joint bank-account, if my money has been there for more than a year?

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12 minutes ago, K@S said:

Fair enough. Can she claim EVERYTHING that is in our joint bank-account, if my money has been there for more than a year?

That, I dont know. 

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