I-864 Using petitioner's foreign assets + can I use my roth IRA?

[roof 6]

Hello!

 

I'm a US citizen, my husband is British and we live in the UK. I petitioned his I-130 through the DCF route in March 2020 before it closed. When we received a case number in September 2020, I was pregnant so therefore not in a position to move. In February 2021, we filed the DS-260. Now that some time has passed since our child was born, we're ready to complete the application and move to the US in the next six months. We have a straightforward application -- no divorces and have been married five years. 

 

His interview is next Tuesday and I'm completing the I-864 for it. I lost my job last month and do not have any employment lined up in the states right now. My husband will keep his job and transfer to the US office. I just want to check that I'm correct about the following:

 

• We can use his employment to cover the $27,450 (which is 125% of the HHS poverty guidelines) requirement.
• If we do, he will need a formal letter stating that he is continuing his job and will be transferred to the US. Is there anything specific this needs to say?
• He will also need to show pay stubs, but not quite sure how many months?
• Any other financial proof or documents we need to bring?

 

Thank you!

[Just Paul 4,595]

I would have a backup sponsor lined up.

9 hours ago, roof said:

• We can use his employment to cover the $27,450 (which is 125% of the HHS poverty guidelines) requirement.
• If we do, he will need a formal letter stating that he is continuing his job and will be transferred to the US. Is there anything specific this needs to say?

Yes get the employer a letter indicating his job will transfer. ( which might trigger the question "Why didn't your employer do an L Visa?")

9 hours ago, roof said:

He will also need to show pay stubs, but not quite sure how many months?

Not really required but take 6 months and a copy of last years taxes

9 hours ago, roof said:

Any other financial proof or documents we need to bring?

Bring any documents that show the petitioner is re-establishing domicile.  Take petitioners and child's US Passport.

[roof 6]

15 hours ago, Paul & Mary said:

I would have a backup sponsor lined up.

Yes get the employer a letter indicating his job will transfer. ( which might trigger the question "Why didn't your employer do an L Visa?")

Not really required but take 6 months and a copy of last years taxes

Bring any documents that show the petitioner is re-establishing domicile.  Take petitioners and child's US Passport.

thanks so much!!

[roof 6]

15 hours ago, Paul & Mary said:

I would have a backup sponsor lined up.

Yes get the employer a letter indicating his job will transfer. ( which might trigger the question "Why didn't your employer do an L Visa?")

Not really required but take 6 months and a copy of last years taxes

Bring any documents that show the petitioner is re-establishing domicile.  Take petitioners and child's US Passport.

actually one question. i have enough to cover the assets for 3 x 125% of HH poverty line, but it's in a mix of accounts that are in the US and the UK. would my assets in the UK count? Do I just need to evidence that with my most recent statements?

[roof 6]

Hello, I am the USC petitioner for my British husband. I will not have a job in the US when we move, so need to prove I have enough in assets for our family of three. I have the amount in US dollars, but would like to also show assets over and above that amount that I have in British accounts just to be totally in the clear. I have three questions:

 

• In the US, can I just my Roth IRA as assets?
• Can I use assets in foreign bank accounts?
• For the evidence, will printing out 12 months worth of statements suffice, or do I need additional information from the financial institutions?

 

Many thanks!

[pushbrk 12,876]

On 8/27/2021 at 5:31 PM, roof said:

Hello, I am the USC petitioner for my British husband. I will not have a job in the US when we move, so need to prove I have enough in assets for our family of three. I have the amount in US dollars, but would like to also show assets over and above that amount that I have in British accounts just to be totally in the clear. I have three questions:

 

• In the US, can I just my Roth IRA as assets?
• Can I use assets in foreign bank accounts?
• For the evidence, will printing out 12 months worth of statements suffice, or do I need additional information from the financial institutions?

 

Many thanks!

"The amount" is 3 times the income requirement.  Yes, you can use all those assets.  You don't need 12 statements.  One from 12 months ago, another from 9, 6, 3 and current will do nicely.  If "just" a Roth IRA, note that any early withdrawal penalties will be factored in by the Consular Officer.

 

No matter how many assets you have, you'll get a generic note from NVC suggesting a joint sponsor.  If you are well over the needed liquid assets, just ignore it and let the Consular Officer make the judgment call in your favor.

[roof 6]

11 hours ago, pushbrk said:

"The amount" is 3 times the income requirement.  Yes, you can use all those assets.  You don't need 12 statements.  One from 12 months ago, another from 9, 6, 3 and current will do nicely.  If "just" a Roth IRA, note that any early withdrawal penalties will be factored in by the Consular Officer.

 

No matter how many assets you have, you'll get a generic note from NVC suggesting a joint sponsor.  If you are well over the needed liquid assets, just ignore it and let the Consular Officer make the judgment call in your favor.

thanks very much!

[Penguin_ie 5,993]

**** two related topics merged.  Please only start one thread on the same/ related issues, so all the information is together and experienced members can advise better *****

[roof 6]

I just wanted to thank the community for your help with my husband's application. We went to the embassy today and it was approved, so good news! I just wanted to share our experience.

• I printed out an insane amount of paperwork for the interview, particularly to satisfy the financial requirements for the I-864. This is everything I prepared:
  • i-864 + 1 copy, plus the following supporting evidence:
    • 2020 tax return + 1 copy
    • 2019 tax return + 1 copy
    • 2018 tax return + 1 copy
    • 12 months of bank statements from two banks in the US and UK with hard cash +1 copy
    • 12 months of statements from three financial institutions in the US and UK with a mix of stocks, shares and Roth IRA + 1 copy
    • an annual statement from a financial institution in the UK I have a cash ISA with + 1 copy
    • Letter from my husband's employer stating her will continue to work for the company after relocating to the US +1 copy
    • 12 months of pay stubs from my husband's company + 1 copy
    • My husband's 2020/2021 P60 + 1 copy

The only things they took were the actual I-864 form and the copy of my 2020 tax return! It was very much a rubber stamping exercise.

 

Thanks again for everyone's help and I hope someone else finds this information useful. 

[pushbrk 12,876]

1 hour ago, roof said:

I just wanted to thank the community for your help with my husband's application. We went to the embassy today and it was approved, so good news! I just wanted to share our experience.

• I printed out an insane amount of paperwork for the interview, particularly to satisfy the financial requirements for the I-864. This is everything I prepared:
  • i-864 + 1 copy, plus the following supporting evidence:
    • 2020 tax return + 1 copy
    • 2019 tax return + 1 copy
    • 2018 tax return + 1 copy
    • 12 months of bank statements from two banks in the US and UK with hard cash +1 copy
    • 12 months of statements from three financial institutions in the US and UK with a mix of stocks, shares and Roth IRA + 1 copy
    • an annual statement from a financial institution in the UK I have a cash ISA with + 1 copy
    • Letter from my husband's employer stating her will continue to work for the company after relocating to the US +1 copy
    • 12 months of pay stubs from my husband's company + 1 copy
    • My husband's 2020/2021 P60 + 1 copy

The only things they took were the actual I-864 form and the copy of my 2020 tax return! It was very much a rubber stamping exercise.

 

Thanks again for everyone's help and I hope someone else finds this information useful. 

Thank you for your report, but it would be more meaningful if you mention the country where you interviewed.  If the UK, makes sense, but you would have already documented those assets when you submitted the I-864 online months ago.  Right?

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to DCF Discussion -- OP went through the DCF process ***

 

[roof 6]

10 hours ago, pushbrk said:

Thank you for your report, but it would be more meaningful if you mention the country where you interviewed.  If the UK, makes sense, but you would have already documented those assets when you submitted the I-864 online months ago.  Right?

Hi there, yes, submitted through London DCF, but I never did anything online with the I-864. I submitted the I-130 right before the field office closed in March 2020, submitted the DS-260 this February, and then this was the first time submitting the I-864 or any evidence. I just looked back at the I-130 checklist London provided (https://uk.usembassy.gov/wp-content/uploads/sites/16/20200227-I-130-Checklist-for-Spouse.pdf) and there weren't any financial documents required that I would've sent. Nice and easy!

[pushbrk 12,876]

13 hours ago, roof said:

Hi there, yes, submitted through London DCF, but I never did anything online with the I-864. I submitted the I-130 right before the field office closed in March 2020, submitted the DS-260 this February, and then this was the first time submitting the I-864 or any evidence. I just looked back at the I-130 checklist London provided (https://uk.usembassy.gov/wp-content/uploads/sites/16/20200227-I-130-Checklist-for-Spouse.pdf) and there weren't any financial documents required that I would've sent. Nice and easy!

DCF is very rare now, so my mind didn't go there and your haven't completed your profile.  The instructions for what to include with your I-864 are in a PDF called I-864 instructions.  Its careful study will be critical to your ultimate success.

[Danmuji 14]

On 9/2/2021 at 5:35 PM, roof said:

Hi there, yes, submitted through London DCF, but I never did anything online with the I-864. I submitted the I-130 right before the field office closed in March 2020, submitted the DS-260 this February, and then this was the first time submitting the I-864 or any evidence. I just looked back at the I-130 checklist London provided (https://uk.usembassy.gov/wp-content/uploads/sites/16/20200227-I-130-Checklist-for-Spouse.pdf) and there weren't any financial documents required that I would've sent. Nice and easy!

Hi, 

 

we are about to have an interview in Korea, Seoul. 
 

we are presenting mix of stock, Roth and 401k accounts amounting to about 400k

 

If she/he didn’t take any, did the officer actually review any of your financial evidence?

 

Thank you for documenting your case in such detail

 

 

[roof 6]

13 hours ago, pushbrk said:

DCF is very rare now, so my mind didn't go there and your haven't completed your profile.  The instructions for what to include with your I-864 are in a PDF called I-864 instructions.  Its careful study will be critical to your ultimate success.

Yeah, I did go through the I-864 instructions and provided all the documentation I could. I just found it odd that they literally only looked at my 2020 tax return and the form itself and none of the corresponding evidence. I just meant that when I submitted my i-130, I didn't provide any financial evidence either.

 

44 minutes ago, Danmuji said:

Hi, 

 

we are about to have an interview in Korea, Seoul. 
 

we are presenting mix of stock, Roth and 401k accounts amounting to about 400k

 

If she/he didn’t take any, did the officer actually review any of your financial evidence?

 

Thank you for documenting your case in such detail

 

 

 

Hi there, good luck with your interview! The officer didn't review anything except the i-864 form itself and the 2020 tax return. I guess they just took what was on the affidavit at face value.