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Visa denied because proof of assets missing

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6 minutes ago, Atac said:

The trouble is they didn't ask for any documents. The officer only said he wants to see proof of assets, without qualifying what he doesn't count as proof or why.

 

 

Again. Does the proof you showed dovetail with what is listed as required in the i864 instructions?  The officer does not need to “qualify” what they require unless it is different from what is listed in the instructions. 
 

 

Edited by SusieQQQ
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Filed: Citizen (apr) Country: Germany
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1 hour ago, SusieQQQ said:

Again. Does the proof you showed dovetail with what is listed as required in the i864 instructions?  The officer does not need to “qualify” what they require unless it is different from what is listed in the instructions. 
 

 

I think they dovetail. But in retrospect, maybe we were a bit naive about what counts as a proof around the home value. Do you know what the i864 instructions are around investment accounts and stocks?

 

Also thank you for taking your time and answering!

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10 hours ago, Atac said:

I think they dovetail. But in retrospect, maybe we were a bit naive about what counts as a proof around the home value. Do you know what the i864 instructions are around investment accounts and stocks?

 

Also thank you for taking your time and answering!

You still haven’t been specific in answering the question…did you submit an appraisal by a licensed appraiser for the home value, as well as evidence of all the mortgage documents outstanding? That is what is required. The only thing you mentioned was the county assessments?

 

For assets in general they note 

The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value..”


So they are not specific but I would think for investments, that a statement/s in your name as account holder (preferably original and with a stamp from the institution with custody of the assets - not sure how practical that is and an Internet copy might be all you can get) showing the exact nature of the assets and the latest market value should be sufficient. It may be more problematic to value investments that are not listed and/or not liquid, and these probably would not be accepted for use under the i864 rules anyway.

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  • 3 weeks later...
Filed: Citizen (apr) Country: Germany
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Update: Our attorney sent an e-mail to the consulate on Sept 8th detailing how the existing evidence in CEAC shows that I have substantially more assets than what is set as requirement, and asked what extra evidence documents they need. To this day, we still don't have any reply from the consulate.

 

On Sept 21, we sent an e-mail to the CO provided address and submitted updated versions of the documents, including some more evidence like: Deed of Trust for the home, account balance from 2 extra conventional US banks (originally didn't include them thinking that it was not necessary) + all other evidences already submitted to CEAC updated with the recent versions.

 

Our case still shows as "Refused" in CEAC site, and the last update date is Sept 14... This is very frustrating. 

 

 

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1 minute ago, Atac said:

Update: Our attorney sent an e-mail to the consulate on Sept 8th detailing how the existing evidence in CEAC shows that I have substantially more assets than what is set as requirement, and asked what extra evidence documents they need. To this day, we still don't have any reply from the consulate.

 

On Sept 21, we sent an e-mail to the CO provided address and submitted updated versions of the documents, including some more evidence like: Deed of Trust for the home, account balance from 2 extra conventional US banks (originally didn't include them thinking that it was not necessary) + all other evidences already submitted to CEAC updated with the recent versions.

 

Our case still shows as "Refused" in CEAC site, and the last update date is Sept 14... This is very frustrating. 

 

 

Did your updated documents include an appraisal by a licensed appraiser for the home value, as well as evidence of all the mortgage documents outstanding?

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8 minutes ago, SusieQQQ said:

Did your updated documents include an appraisal by a licensed appraiser for the home value, as well as evidence of all the mortgage documents outstanding?

I didn't go into details but my county appraises home values professionally and collects property taxes based on this. We included this document originally and later updated it. Also I have updated mortgage statement, which shows the latest account balance.

 

thanks,

Edited by Atac
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1 hour ago, Atac said:

I didn't go into details but my county appraises home values professionally and collects property taxes based on this. We included this document originally and later updated it. Also I have updated mortgage statement, which shows the latest account balance.

 

thanks,

The i864 instructions (as noted beforehand) specifically ask for a recent appraisal by a licensed appraiser. It seems to me your reluctance to get this done is going to keep delaying your case. 

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2 hours ago, Atac said:

I didn't go into details but my county appraises home values professionally and collects property taxes based on this.

This isn't a professional appraisal. Tax authority appraisals rarely take into consideration the market value at any point in time.  You need to have a licensed appraisal (just like what you would have if financing a house) show the mortgage statement then that is your asset value.  I'm guessing the consulate didn't understand your other 1.5m is "assets" otherwise they wouldn't be dwelling on the house.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: IR-1/CR-1 Visa Country: India
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6 hours ago, Atac said:

I didn't go into details but my county appraises home values professionally and collects property taxes based on this. We included this document originally and later updated it. Also I have updated mortgage statement, which shows the latest account balance.

 

thanks,

Is this home in US or outside the US?

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Filed: Citizen (apr) Country: Germany
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22 hours ago, Paul & Mary said:

This isn't a professional appraisal. Tax authority appraisals rarely take into consideration the market value at any point in time.  You need to have a licensed appraisal (just like what you would have if financing a house) show the mortgage statement then that is your asset value.  I'm guessing the consulate didn't understand your other 1.5m is "assets" otherwise they wouldn't be dwelling on the house.

Thanks, but to clarify again, the consulate didn't specify which evidence for asset was insufficient or confusing. It is people in this board who dwell on the house :). This would have been so less stressful for us if the consulate said specifically which asset groups evidence they found lacking and for what reason. But instead they just put on the 221g "proof of assets" and they have ignored our inquires 😕

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24 minutes ago, Atac said:

Thanks, but to clarify again, the consulate didn't specify which evidence for asset was insufficient or confusing. It is people in this board who dwell on the house :). This would have been so less stressful for us if the consulate said specifically which asset groups evidence they found lacking and for what reason. But instead they just put on the 221g "proof of assets" and they have ignored our inquires 😕

You ahve to be your own best advocate. Best to be  over prepared.  Now you are stuck in this middle place because, in part, you relied on the tax appraisal and not a market appraisal.  

 

Get them what they need - and everything else like has been suggested before they return the case to the NVC and then you have to ask the USCIS to re affirm the petition.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Citizen (apr) Country: Germany
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12 hours ago, SusieQQQ said:

You seem to keep ignoring the fact that the acceptable proof of various things is detailed in the i864 instructions and want to wait for the consulate to detail stuff, yet at the same time you acknowledge you have not followed the instructions. The “people on this board who dwell on the house” have been trying to help you but it’s clearly not appreciated,  not sure what else we can do if you insist on waiting for the consulate to give you detail that by your own account is not forthcoming, almost certainly because the proof they require is already detailed in the instructions…  anyway good luck with your case.

TBH, I didn't fill the I-864 or submitted any evidence. It was done by my lawyer, I just proof read it. Although one would think that an immigration attorney would know these things better, I heard from you, and maybe some others, a different point of view and I really appreciate it.

 

As far as "what else goes", it would be great to hear a personal experience from a board member who actually got himself/herself a 221g notice which asked "proof of assets" :)

 

Again thanks for the all contributions!

 

Edited by Atac
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10 minutes ago, Atac said:

TBH, I didn't fill the I-864 or submitted any evidence. It was done by my lawyer, I just proof read it. Although one would think that an immigration attorney would know these things better, I heard from you, and maybe some others, a different point of view and I really appreciate it.

 

As far as "what else goes", it would be great to hear a personal experience from a board member who actually got himself/herself a 221g notice which asked "proof of assets" :)

 

Again thanks for the all contributions!

 

From my reading in various forums, when a beneficiary does not have sufficient income or assets they're told to get a joint sponsor. I've not seen a 221g notice for "proof of assets".

People who qualify with proof of assets show official statements from a U.S bank showing an up to date balance and statements for the past few months (sometimes up to a year).

A member from Australia recently qualified for the visa with assets but each consulate is different so, what works at one consulate might not work in another. 

Generally, when qualifying with savings in a U.S bank account you should show at least a year of bank statements to indicate the money is actually yours and you didn't borrow the money to qualify for AOS. If you have sufficient savings in your U.S accounts and you can show proof you've had the money for at least a year, I would not include the house as an asset. If you do not have sufficient savings maybe look to obtaining a joint sponsor. 

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