Adding foreign spouse income to rejected AOS - CR1

[CGs_Mother 114]

When we filed our I-864 we knew that my husband's income wouldn't be sufficient, so we used the value of his property to supplement his income (the land of his house is worth way more than what he makes). We receive the following rejection, even though all of our AOS documents were accepted:

 

XXX does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. [NOTE THIS IS MY UNDERLINE. THE MESSAGE DID NOT APPEAR THIS WAY IN THE EMAIL.] For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted 

 

So I have a bunch of questions, but they really come down to this:

 

1. Does the underlined passage mean they are going to consider the value of his assets at the time of the interview when deciding if they will admit my son and me (we are a 3 person household per the AOS forms), or is that an outright rejection of the AOS?

 

2. I have just found out (and been negotiating like mad afterwards) that my employer is willing to let me keep my job when I move to be with my husband. My income will more than make up for the deficit. I can get a copy of a letter from my employer guaranteeing my job and my income. Because of this, should we just file a revised AOS or a brand new AOS which will include my proof of income, and if so, do we have to pay another fee to process this AOS? I believe that would be better proof that I am not intending to be a burden on the social systems of the country. 

 

3. I will also be selling my house, but because of COVID I can't really afford to get a proper appraisal done for the house at this time. Do they need a formal appraisal or will my tax valuation from my municipality for my property suffice (along with a copy of my mortgage renewal showing how much I still owe)? And if I do need to add this, same question - do we file an amended AOS or do we have to pay to file a brand new AOS? 

 

Note that when I say "AOS", I mean a standard I-864 form, the form we initially used for the process.

 

Thanks everyone in advance for your help. 

 

 

 

 

[igoyougoduke 1,675]

1) Assets have to be liquid. property is not liquid. liquid assetts are gold, money in bank account etc

2)Yes, if you will continue to be paid by the same employer you can use your income, you can file the same I-485 with new supporting documents.

3) dont think any formal appraisal is required

[aaron2020 11,651]

Hi,

 

1.  You can't use his primary residence as an asset for the I-864.  Other real estate could be counted as assets for the I-864.  (Countable assets do not have to be liquid.)

2.  Your income continuing after you immigrate to the US can be used and counted.  You will need to provide a letter from your employer stating you will be keeping your job and your pay will continue after you immigrate.  You can submit a new I-864.  No new fee.  

3.  You would need a professional appraisal.  All real estate requires a professional appraisal. This might not be acceptable as an asset for the I-864 since the real property is outside the US.  

 

Best of luck.  

 

[pushbrk 13,073]

It is not a rejection of your I-864.  You would get the same message if you had a million in cash in a bank account, but not enough income.

 

While you absolutely CAN list equity in a primary residence in the asset section, don't expect it to be considered as sufficient, because it is NOT liquid.

 

As for your income continuing from the same source, you can just take a new I-864 and supporting documentation to the interview, but if possible, just submit a new one.  There would be no new fee either way.

[CGs_Mother 114]

Thanks, everyone. I just want to doubly confirm (because I see conflicting information online about it), that I CAN include my income and file a I-864A (because I am immigrating with my son) and a modified I-864 even though I do not currently live in the US with my husband. We filed our income taxes in Canada and the US this year (our first year as a married couple) as "Married Filing Separately" since I (obviously) am not legally entitled to work or file taxes in the USA and we are currently maintaining two separate residences. My employer is guaranteeing my job when I move (whenever that is because the Canadian embassy is still not processing Visas right now), so I hope I can include my income. Thanks very much! 

[darth vader 133]

On 8/16/2020 at 1:03 PM, CGs_Mother said:

When we filed our I-864 we knew that my husband's income wouldn't be sufficient, so we used the value of his property to supplement his income (the land of his house is worth way more than what he makes). We receive the following rejection, even though all of our AOS documents were accepted:

 

XXX does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. [NOTE THIS IS MY UNDERLINE. THE MESSAGE DID NOT APPEAR THIS WAY IN THE EMAIL.] For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted 

 

So I have a bunch of questions, but they really come down to this:

 

1. Does the underlined passage mean they are going to consider the value of his assets at the time of the interview when deciding if they will admit my son and me (we are a 3 person household per the AOS forms), or is that an outright rejection of the AOS?

 

2. I have just found out (and been negotiating like mad afterwards) that my employer is willing to let me keep my job when I move to be with my husband. My income will more than make up for the deficit. I can get a copy of a letter from my employer guaranteeing my job and my income. Because of this, should we just file a revised AOS or a brand new AOS which will include my proof of income, and if so, do we have to pay another fee to process this AOS? I believe that would be better proof that I am not intending to be a burden on the social systems of the country. 

 

3. I will also be selling my house, but because of COVID I can't really afford to get a proper appraisal done for the house at this time. Do they need a formal appraisal or will my tax valuation from my municipality for my property suffice (along with a copy of my mortgage renewal showing how much I still owe)? And if I do need to add this, same question - do we file an amended AOS or do we have to pay to file a brand new AOS? 

 

Note that when I say "AOS", I mean a standard I-864 form, the form we initially used for the process.

 

Thanks everyone in advance for your help. 

 

 

 

 

Are you sure this is a rejection OR just a message telling you that CO will have to have a look at this at the interview and make a decision then? Did you get a DQ notification or a rejection message?

Edited December 30, 2020 by darth vader

[CGs_Mother 114]

5 minutes ago, darth vader said:

Are you sure this is a rejection OR just a message telling you that CO will have to have a look at this at the interview and make a decision then? Did you get a DQ notification or a rejection message?

We definitely got a DQ. It was a message that the CO would determine our situation at the interview. Both my son and I got DQs and we've been in a holding pattern since, waiting for the case to be scheduled for an interview.