Manila CR1 Spouse Application with Assets and Income

[user555 196]

Hello, I've done a search on this forum and read about some Manila K-1 fiance filers saying that that have used a combination of assets and income, but I haven't seen a lot of I-130 CR1 filers in Manila using this. Are the COs at the Manila embassy strict on this? I know each embassy has the USCIS rules to follow but they also have a little bit of their own opinion to use when doing the interview. Let's say I make $10,000 a year. I'm $11, 137 short of the 125% of HHS Poverty Guidelines of $21,137. Since I am a US citizen, I can use 3 times the difference in assets, so $33,411. If I have $50k in stocks, are the COs ok with this? Can anyone that has done this post their story on here? Thanks! 

[Hank_ 9,174]

27 minutes ago, user555 said:

Hello, I've done a search on this forum and read about some Manila K-1 fiance filers saying that that have used a combination of assets and income, but I haven't seen a lot of I-130 CR1 filers in Manila using this. Are the COs at the Manila embassy strict on this? I know each embassy has the USCIS rules to follow but they also have a little bit of their own opinion to use when doing the interview. Let's say I make $10,000 a year. I'm $11, 137 short of the 125% of HHS Poverty Guidelines of $21,137. Since I am a US citizen, I can use 3 times the difference in assets, so $33,411. If I have $50k in stocks, are the COs ok with this? Can anyone that has done this post their story on here? Thanks! 

Embassies are part of the Dept of State .. not USCIS .. they tend to have their own rules.

 

As for assets at the embassy in Manila.   In all the years I have been around here I know of no one .. zero, nada, zip .. that were able to use assets to qualify.  And it doesn't matter if you are talking K-1 or IR/CR-1 .. embassy does not look at assets.   They look at gross income.  If the assets produces income, they will look at that income but after that .. nothing.

 

I do, personally, know people that tried to use assets, but the embassy refused to consider the assets, they had to find co-sponsors or not get the visa.

 

With the IR/CR-1 visa the embassy has to accept a qualified co-sponsor.   

 

 

 

Edited June 11, 2019 by Hank_

[user555 196]

1 hour ago, Hank_ said:

Embassies are part of the Dept of State .. not USCIS .. they tend to have their own rules.

 

 

 

 

The US Embassy in Manila redirects you back to USCIS:

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

FINANCIAL DOCUMENTS. Applicants must provide evidence that they will not become public charge in the U.S. You may visit the U.S. Citizenship and Immigration Services’ website at http://www.uscis.gov/portal/site/uscis for the proper Affidavit of Support and list of evidence of financial support.

 

Thank you for the reply. It's odd that the embassy would have different rules from USCIS regarding this. The people that you knew only used assets? Or was it a combination of assets and income and still were denied? 

[Hank_ 9,174]

24 minutes ago, user555 said:

The US Embassy in Manila redirects you back to USCIS:

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

FINANCIAL DOCUMENTS. Applicants must provide evidence that they will not become public charge in the U.S. You may visit the U.S. Citizenship and Immigration Services’ website at http://www.uscis.gov/portal/site/uscis for the proper Affidavit of Support and list of evidence of financial support.

 

Thank you for the reply. It's odd that the embassy would have different rules from USCIS regarding this. The people that you knew only used assets? Or was it a combination of assets and income and still were denied? 

 

Yup.  Do know the links.  If you click the USCIS link it takes you to a main page .. not very helpful.  I spent a lot of time emailing back and forth with the embassy when that new checklist, came out as it was even worse than what you see now, they corrected and added a variety of info, then I gave up.    The old embassy instructions letter was much more helpful.

 

Also have bumped into what the embassy does or does not accept.   And that is what I pass on.   What we know todate:  Embassy does not consider assets. 

 

I would be very happy for you if you got assets accepted by the embassy and even more pleased if you reported back that it went well for you, so that we could update the info we have for future people coming through.  

 

Once in the states USCIS does accept assets .. no issue, your even know the math they use to calculate what is needed.   

 

 

[payxibka 10,048]

53 minutes ago, Hank_ said:

 

 

Once in the states USCIS does accept assets .. no issue, your even know the math they use to calculate what is needed.   

 

 

Considering the OP is IR/CR there is no further dealing with the uscis on this issue after arrival  for them

[Hank_ 9,174]

CR-1 noted in the title and my previous post.   

Edited June 11, 2019 by Hank_

[user555 196]

2 hours ago, payxibka said:

Considering the OP is IR/CR there is no further dealing with the uscis on this issue after arrival  for them

Yes, I was talking about before arriving in the US. I am living in the Philippines with my wife and will stay here until the final interview. I'm thinking about the I-864 and Affidavit of Support. At the NVC stage, I'll probably get a notice saying my income is lower than expected, but the embassy will have the final say. Just for clarification Hank, what was denial for? Was it a combination of assets and income or were the people trying to only use assets?

[user555 196]

3 hours ago, Hank_ said:

 

Also have bumped into what the embassy does or does not accept.   And that is what I pass on.   What we know todate:  Embassy does not consider assets. 

 

 

"Chris Duffy posted on July 7, 2018:

My fiancé was from PHilippines - I used assets, House and cars.   Approved with no RFE's."

I'm pretty sure his income was high enough and that the assets were not even taken into consideration? Is that how you read it? 

[Cyberfx1024 7,980]

4 minutes ago, user555 said:

"Chris Duffy posted on July 7, 2018:

My fiancé was from PHilippines - I used assets, House and cars.   Approved with no RFE's."

I'm pretty sure his income was high enough and that the assets were not even taken into consideration? Is that how you read it? 

Do you have a link to that thread? 

Edited June 11, 2019 by Cyberfx1024

[Hank_ 9,174]

7 minutes ago, user555 said:

"Chris Duffy posted on July 7, 2018:

My fiancé was from PHilippines - I used assets, House and cars.   Approved with no RFE's."

I'm pretty sure his income was high enough and that the assets were not even taken into consideration? Is that how you read it? 

I know Chris Duffy .. more than once.      Not sure I would put too much into what he posted.

 

 

Hey take a run at the embassy with assets,  I hope you get it done, seriously .. as it would be a step forward for everyone doing this visa chase.

 

 

[user555 196]

It's near the bottom: 

 

 

[payxibka 10,048]

57 minutes ago, user555 said:

It's near the bottom: 

 

 

What is being discussed is for AOS from inside the USA (from k1)  which is very different than a spousal Visa from Manila.   It's already been stated that the uscis accepts assets

[Hank_ 9,174]

1 hour ago, user555 said:

It's near the bottom: 

 

 

 

I would suggest you contact Balamban to see how the interview when with his fiancee, if the embassy even asked for his finance documents.   I know she got her visa, but with the K-1 many times the embassy does not ask for the financials .. which is not so for the CR-1.

 

K-1 and IR/CR-1 are apples and oranges in some areas

[payxibka 10,048]

The k1 financial support evidence was based on historical tax returns not current income.  The tax returns he stated had sufficient income.  The devil is in the details that are being overlooked 

Edited June 11, 2019 by payxibka

[Hank_ 9,174]

3 hours ago, user555 said:

Yes, I was talking about before arriving in the US. I am living in the Philippines with my wife and will stay here until the final interview. I'm thinking about the I-864 and Affidavit of Support. At the NVC stage, I'll probably get a notice saying my income is lower than expected, but the embassy will have the final say. Just for clarification Hank, what was denial for? Was it a combination of assets and income or were the people trying to only use assets?

My friends were using income and assets .. embassy refused the assets.   They got a co-sponsor, few weeks later the visa was issued.   They were IR-1