i864 Joint Sponsor versus gifted assets?

[scorbynw 0]

Someone who had offered to be a joint sponsor is now looking into the route of simply gifting me enough assets to cover my spouse. This is a brand new idea to me, but from my general poking around, as well as the i-864 request for 12 months of bank records, I imagine this is probably exactly the kind of thing they're on the lookout for as potential fraud.

 

Does anyone have experience with providing proof that that money was gifted to me as an early chunk of inheritance, with no expectation of it being returned? Yes, we know it's right before this process, but no it is not fraudulent? Or is it just a matter of dollars and cents?

 

FWIW we are consulting a lawyer; I just value the collective experience on here, too. 

 

[SalishSea 18,189]

@pushbrk may be able to help with this.

 

You may get more responses if this thread is moved to a different forum.

[aaron2020 11,651]

The US Embassy/Consulate will look at it with a suspicious eye.  Too many people have had loans or money temporarily deposited into their accounts right before reporting assets.  The US Embassy could suspect the money would be returned after the visa is granted.  They could disregard the gift and still ask for a Joint Sponsor.  

[TBoneTX 46,240]

Thread is moved from the NVC forum to the CR-1 Process forum.

[pushbrk 13,158]

The real answer would depend on the totality of circumstances but I would generally advise against this.  I can understand that the contract the joint sponsor signs is daunting if considered in the worst case.  However, if the joint sponsor is confident the couple can and will support themselves, there's little risk.

 

Anytime assets are used, Consular Officers are definitely trained to sniff out this kind of avoidance and require a joint sponsor anyway.

 

Any "evidence" you would submit to show it's an advance on an inheritance will work against you, as it shows even your potential joint sponsor has reasons to avoid signing the contract.

Edited December 6, 2020 by pushbrk