Chinese foreign assets (I-864)

[Shark777 25]

Hey guys 

 

I have a question regarding the green card process. I am a US citizen and my wife is a Chinese national. We have both been living and working here in China for the past few years. All of our income has been saved in my wife's bank account in China. 

 

I don't meet the income requirements on form I-864, as I don't make US dollars. We would have to show assets instead. I've read online that it might look suspicious if the applicant sends money to the sponsor, as it may look like the applicant is trying to "buy" their green card. 

 

We have a baby 👶 on the way and have been together for six years. I am trying to avoid going back to America alone to show USD income.

 

My question is, will funds transferred from my wife's account in China to my US bank account cause any problems and risk our application being denied? 

 

Thank you so much for your help in advance. Your advice is greatly appreciated! 😁

[aaron2020 11,651]

Have you been reporting your Chinese income on your US tax returns?

[Shark777 25]

6 minutes ago, aaron2020 said:

Have you been reporting your Chinese income on your US tax returns?

Yes, I have been reporting the income. Most of the money in her bank is from her income and assets though

Edited October 20, 2021 by MarctheShark

[pushbrk 12,898]

11 minutes ago, MarctheShark said:

Yes, I have been reporting the income. Most of the money in her bank is from her income and assets though

If the assets are enough, it's fine if they are mostly from her.  You can use any liquid assets anywhere.  They do not need to be in the USA.  You've been together six years and are having a child together, so no worries about "suspicious".  Think "totality of circumstances".

[Shark777 25]

2 minutes ago, pushbrk said:

If the assets are enough, it's fine if they are mostly from her.  You can use any liquid assets anywhere.  They do not need to be in the USA.  You've been together six years and are having a child together, so no worries about "suspicious".  Think "totality of circumstances".

Thank you so much. I was hoping you would reply to my post, it seems you are very insightful on these forums. 

[Redro 4,611]

56 minutes ago, MarctheShark said:

Hey guys 

 

I have a question regarding the green card process. I am a US citizen and my wife is a Chinese national. We have both been living and working here in China for the past few years. All of our income has been saved in my wife's bank account in China. 

 

I don't meet the income requirements on form I-864, as I don't make US dollars. We would have to show assets instead. I've read online that it might look suspicious if the applicant sends money to the sponsor, as it may look like the applicant is trying to "buy" their green card. 

 

We have a baby 👶 on the way and have been together for six years. I am trying to avoid going back to America alone to show USD income.

 

My question is, will funds transferred from my wife's account in China to my US bank account cause any problems and risk our application being denied? 

 

Thank you so much for your help in advance. Your advice is greatly appreciated! 😁

I'm currently transferring funds into my USC husband's account back in the States. Didn't even consider it would be a problem, as we've been together for 10 years... 

 

[Shark777 25]

6 minutes ago, Kor2USA said:

I'm currently transferring funds into my USC husband's account back in the States. Didn't even consider it would be a problem, as we've been together for 10 years... 

 

I know what you mean. It's probably just my OCD, but the good part about that is I won't be getting any RFEs! 😂

[Redro 4,611]

4 hours ago, MarctheShark said:

I know what you mean. It's probably just my OCD, but the good part about that is I won't be getting any RFEs! 😂

You might run into an issue if you transfer one lump sum (the CO might want you to show proof of where the money came from). 

I've seen suggestions to show at least 6 months to a year of bank statements. 

Regular transfers will also help you with proof of intent to re-establish domicile (as you live in China right now). 

[JeanneAdil 6,514]

Quote

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months.
   
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
   
• The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations.

From  USCIS 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos16

[pushbrk 12,898]

5 hours ago, JeanneAdil said:

From  USCIS 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos16

The quoted section is not in the proper context.  For a immigrating spouse, no I-864a is needed and the multiplication factor is 3, not 5.