Using Foreign Assets only on the I-864 as Petitioner?

[ivanovsky 0]

Hi all,

 

My mother-in-law is trying to fill out an I-485/I-130 packet for her unmarried daughter under 21 years old.

 

The issue is the I-864. My mother-in-law has been a lawful permanent resident here since May, and so has never filed US taxes, and so cannot submit any tax returns with the I-864.

 

Furthermore, she is unemployed, so has an income of $0. However, we just had her house in her home country appraised at ~700,000 USD.

 

I've read people say that a petitioner cannot use foreign assets, only a beneficiary can. I've also read people say that a petitioner who is a lawful permanent resident, rather than a citizen, can use foreign assets.

 

Can somebody help me figure out what is correct? I don't see this mentioned at all in the I-864 instructions.

 

Can we submit our packet with the only proof of finances being her house in her home country, or not? Must we use a joint sponsor?

 

If we ARE able to use the house as an asset, I think we can show that it's "liquid," as she is not residing there, so why shouldn't she be able to sell it?

 

However, does anyone have any advice of something we can use to document that she is able to bring money from her home country to the US?

 

We're trying to get this in by Monday, before this new change goes into effect.

 

Thank you!

[SusieQQQ 11,587]

Is there a reason she’s not just selling it and bringing the proceeds into the US? (Why keep an asset there when she’s living and earning zero income - but will have liabilities - here, regardless of sponsorship considerations?)

 

Not sure why you are confused about whose assets can be used. All laid out in part 7 of the instructions?

Edited October 11, 2019 by SusieQQQ

[ivanovsky 0]

She's only been here a few months, and previously was living in the house. She's going to have to go back to her home country and put it on the market, etc etc to sell it. That takes time.

 

I think I laid out my confusion. I do not see anywhere in the part 7 instructions whatsoever that says you're not allowed to use foreign assets. However, I have seen people saying as much on forums, etc. 

 

If you can show me where it says that in the instructions, that would be helpful. If you know the answer about can she use foreign assets, that would be equally helpful.

 

The instructions say you can use your home/real estate value if it's appraised. It does not say anything about where that home has to be located that I can see. That is why I am confused. Pointing me back to the instructions that I'm either not reading carefully enough or just do not say what I've heard people discussing is not helpful.

 

The way I'm reading the instructions, it sounds perfectly fine to have an income of $0, and perfectly fine to use the assets of a house owned by the petitioner in another country to make up that difference. I've been trying to dig into if that is true or not, and saw people saying what I said in my initial post: some claiming the petitioner can't use foreign assets, some claiming they can but only if they're a LPR, not a citizen..... I am confused and stressed out and trying to figure out what is correct.

Edited October 11, 2019 by ivanovsky

[SusieQQQ 11,587]

9 minutes ago, ivanovsky said:

She's only been here a few months, and previously was living in the house. She's going to have to go back to her home country and put it on the market, etc etc to sell it. That takes time.

 

I think I laid out my confusion. I do not see anywhere in the part 7 instructions whatsoever that says you're not allowed to use foreign assets. However, I have seen people saying as much on forums, etc. 

 

If you can show me where it says that in the instructions, that would be helpful. If you know the answer about can she use foreign assets, that would be equally helpful.

 

The instructions say you can use your home/real estate value if it's appraised. It does not say anything about where that home has to be located that I can see. That is why I am confused. Pointing me back to the instructions that I'm either not reading carefully enough or just do not say what I've heard people discussing is not helpful.

Wow ok so I misread the source of your confusion on my mobile but to just be dissed as not helpful.... will be self fulfilling. 

[ivanovsky 0]

I wasn't "dissing" you. Pointing me back to instructions that I'm asking about while providing no information about what I asked is unhelpful. If you can help, great. If you just want to try to get in a fight and not read what I said, then hopefully someone else can help.

 

Thanks.

[jan22 3,064]

3 hours ago, ivanovsky said:

I wasn't "dissing" you. Pointing me back to instructions that I'm asking about while providing no information about what I asked is unhelpful. If you can help, great. If you just want to try to get in a fight and not read what I said, then hopefully someone else can help.

 

Thanks.

Wow!  Attitudes like this may make a lot of people not want to try to help.  Pointing someone to a specific point in the instructions can be very helpful and is a logical starting point.  

 

Important point for your consideration -- acceptance of assets is always at the discretion of the officer.  They evaluate the totality of the situation and the probability that the asset will actually be used to provide support if needed.  Assets must be "liquid", i.e., readily (within a year or less) convertible to cash.  If it "takes time" to sell the property, it might not be considered a liquid asset.  Plus, even if you can list foreign assets, an officer is less likely to be convinced that the funds would be readily available to support someone in the US -- and US officials would have no recourse for recouping anything from a source in a foreign country.   ThIs is especially true if the foreign assets are the only support available.  It is unlikely, therefore, that a foreign asset will add much value in a review of the totality of the financial situation.  However, there is perhaps time while the I-130 is being adjudicated for your mother to go back and sell the property, thus making it a liquid asset that can be transferred to the US by the time the visa or Adjustment of Status is  adjudicated.

 

Edited October 11, 2019 by jan22

[Villanelle 4,122]

Monday is a holiday so you will have to get this sent in before then....