Manila CR1 Spouse Application with Assets and Income

[user555 196]

12 hours ago, Hank_ said:

 

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

I messaged him and he did the K-1 fiance visa. He said in Manila, they had his 2 previous tax returns, but did not ask any questions about his current income. He was making $0 that year, but he did have a large amount on the 2 previous returns. They were married and then had another interview and were not asked about financials.  They did get an RFE on that last interview but he doesn't think it was for income. 

[Hank_ 9,174]

34 minutes ago, user555 said:

I messaged him and he did the K-1 fiance visa. He said in Manila, they had his 2 previous tax returns, but did not ask any questions about his current income. He was making $0 that year, but he did have a large amount on the 2 previous returns. They were married and then had another interview and were not asked about financials.  They did get an RFE on that last interview but he doesn't think it was for income. 

As I thought .. embassy didn't ask for his Financial Support documents.   So they never looked at his assets.    

 

Whereas USCIS has no issue with assets (which isn't a concern with you)

 

Can't consider Duffy either as he was K-1 and most likely didn't get asked for his financial documents. 

 

It would be nice if the embassy changed their policy regarding assets.   Just haven't heard of them doing that yet

 

 

 

 

[user555 196]

19 hours ago, Hank_ said:

 

 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.

What was their reply? What did the old instruction letter say?

[Hank_ 9,174]

9 minutes ago, user555 said:

What was their reply? What did the old instruction letter say?

Reply on what?   To the inquiries I had emailed they corrected the website to either remove or add instructions ... the checklist was a serious nightmare when they changed over.   It isn't as clear as the old instructions letter in some areas even now, but it is better.

 

As for the Financial info they had this before:

 

EVIDENCE OF FINANCIAL SUPPORT. Applicants must provide evidence that they will not become public charges (that is, dependent on U.S. government welfare and assistance).  Form I-864 Affidavit of Support for visa applicants in the IR, F, certain E visa categories, and following-tojoin employment (E) applicants, complete with copies of the sponsor’s U.S. federal income tax return (Form 1040) and wage statements (Forms W-2). The petitioner must provide an Affidavit of Support even if he/she has no income and even if a joint sponsor provides an Affidavit of Support reflecting sufficient funds to provide financial care. Download Form I-864 at http://www.uscis.gov/portal/site/uscis.  Form I-864EZ Affidavit of Support. A sponsor may use the shorter Form I-864EZ in place of Form I-864 if ALL of the following apply: - The sponsor is the petitioner; - There is no need for a joint sponsor or a Form I-864A; - The affidavit of support is filed for only one intending immigrant; - The sponsor seeks to qualify based on his/her income alone (not on the basis of assets); and - All sources of the sponsor’s income are shown on Form W-2. Download Form I-864EZ at http://www.uscis.gov/portal/site/uscis. Interview Preparation Instructions © CON / IV Communications Unit August 2016 4  Form I-864W Exemption should be filed by the following categories of immigrant visa applicants who are not required to present an I-864: - Applicants who already have 40 quarters of qualified work in the U.S. covered under the Social Security Act; - Applicants who are the children (below 18 years of age) of U.S. citizens who will qualify for U.S. citizenship upon entry into the United States; - Applicants who are self-petitioning widow(er)s of a U.S. citizen; - Applicants who are self-petitioning as battered spouses or children of U.S. citizens or lawful permanent residents. Download Form I-864W at http://www.uscis.gov/portal/site/uscis.

Edited June 12, 2019 by Hank_

[user555 196]

4 minutes ago, Hank_ said:

Form I-864EZ Affidavit of Support. A sponsor may use the shorter Form I-864EZ in place of Form I-864 if ALL of the following apply: - The sponsor is the petitioner; - There is no need for a joint sponsor or a Form I-864A; - The affidavit of support is filed for only one intending immigrant; - The sponsor seeks to qualify based on his/her income alone (not on the basis of assets); and - All sources of the sponsor’s income are shown on Form W-2. 

Interesting. So it seems like for the I-864EZ, they wouldn't allow assets and for the I-864, they allowed them? Maybe they changed the rules and stopped that a while back. I know that what the government agency says isn't always what it does. I emailed Manila's IVreplies and I'll see if they respond to my email.   

[Hank_ 9,174]

52 minutes ago, user555 said:

Interesting. So it seems like for the I-864EZ, they wouldn't allow assets and for the I-864, they allowed them? Maybe they changed the rules and stopped that a while back. I know that what the government agency says isn't always what it does. I emailed Manila's IVreplies and I'll see if they respond to my email.   

They changed from the old instructions letter over a year ago (I am thinking closer to two years ago).   I haven't seen much change in what has been reported back during the interview.

[user555 196]

Let's say I get a co-sponsor. If my co-sponsor only has assets and no income, would the CO accept that? Just wondering what happened with the cases that you know about. Thanks! 

[payxibka 10,045]

Doesn't matter if it's a sponsor, co-sponsor (nonimmigrant Visas), joint sponsor (immigrant Visas), Manila has historically looked at all of them through the same lens.

[Hank_ 9,174]

43 minutes ago, user555 said:

Let's say I get a co-sponsor. If my co-sponsor only has assets and no income, would the CO accept that? Just wondering what happened with the cases that you know about. Thanks! 

Not accepting assets is not accepting assets ..   USEM is known to not look at assets.   

 

This is missing from the new checklist, but was noted in the old instructions letter .. and I have heard nothing different todate:   "The sponsor seeks to qualify based on his/her income alone (not on the basis of assets)"

 

I hope you get it done .. it would be great  

[user555 196]

16 hours ago, Hank_ said:

 

I hope you get it done .. it would be great  

I'll try the combination of income and assets. I found a mom and pop visa service in the States and emailed them. They replied "I have at least 30 clients last year that used income and assets. This is Manila Embassy of course. I do this Every day for the last 33 years I am pretty sure I know what I am talking about". So hopefully it will work out. 

[JISnJRS 22]

On 6/11/2019 at 7:49 AM, Hank_ said:

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.   

 

 

 

Curious if SSDI (Social Security Disability Insurance) is taken in consideration of income. Ive read many things about this and Im so confused ...

[payxibka 10,045]

41 minutes ago, Luk Dit Mo said:

Curious if SSDI (Social Security Disability Insurance) is taken in consideration of income. Ive read many things about this and Im so confused ...

Theoretically it's income into the household,  just not taxable 

[Hank_ 9,174]

1 hour ago, Luk Dit Mo said:

Curious if SSDI (Social Security Disability Insurance) is taken in consideration of income. Ive read many things about this and Im so confused ...

Yes it is income.

 

Log onto SSA to print out a benefits letter 

Edited June 13, 2019 by Hank_

[JISnJRS 22]

3 hours ago, payxibka said:

Theoretically it's income into the household,  just not taxable 

 

2 hours ago, Hank_ said:

Yes it is income.

 

Log onto SSA to print out a benefits letter 

Thanks to the both of you,  Its put my mind to rest. I have a SSA statement every year for my taxes, same as the benefits letter?

[Hank_ 9,174]

2 minutes ago, Luk Dit Mo said:

 

Thanks to the both of you,  Its put my mind to rest. I have a SSA statement every year for my taxes, same as the benefits letter?

Ya,  pretty much the same as the benefits letter.

 

A friend of mine use his SSDI for his K-1