Can I claim assets on income for I-864

[tadisaus2 2]

Hello, my name is Tran. I like to sponsor my Fiancee to US (Virginia state). She doesn't have any kid. I don't have any under 18 years old kid. I have a spousal support of $1,500 a month for my ex-wife.
I have a question about Affidavit of Support of I-864. My annual income is about $10,000. I own one house about $300,000 in value. I have 401K and stocks about $200,000.
Do you think I am qualified to sponsor my Fiancee to the US?
Thanks.

[Mike E 11,742]

1 hour ago, tadisaus2 said:

I have a question about Affidavit of Support of I-864. My annual income is about $10,000. I own one house about $300,000 in value. I have 401K and stocks about $200,000.
Do you think I am qualified to sponsor my Fiancee to the US?

Since she is your fiancée you would be using I-134 for a K-1 visa. Once she is in the USA you would be using I-864 for her I-485 petition.  
 

I don’t think consular or immigration officers will count your house as an asset because it would likely be considered too much of a hardship for you to sell the house, especially on $10,000 income.  Similarly, liquidating your 401k to support your new wife is also going to be looked upon with skepticism.  
 

Also how are you able to survive when your income is $10,000 and your ex-wife gets alimony of $18,000? 
 

I think you need a joint sponsor. 

[tadisaus2 2]

I forgot to mention that I have about $300,000 in my bank. In this case, can I use it? Thanks.

[Mike E 11,742]

31 minutes ago, tadisaus2 said:

I forgot to mention that I have about $300,000 in my bank. In this case, can I use it? Thanks.

That of course changes everything. 

 

I don’t think you need a joint sponsor.  
 

Your assets alone are enough. Your income + assets combination actually produces a strong case.  

Edited February 19, 2022 by Mike E

[tadisaus2 2]

Hi Mike,

I have one more question. can a u.s. citizen living abroad petition for a green card for a spouse

Can I live abroad petition for a green card for a spouse? In other words, If I live outside of US for 3 months or until my spouse passes the interview and/or get a Fiance's visa, then is it fine? In this case, does my spouse get a Green card from her country or wait until she comes to the US after we have a marriage certificate?

Thanks very much.

[Mike E 11,742]

27 minutes ago, tadisaus2 said:

Hi Mike,

I have one more question. can a u.s. citizen living abroad petition for a green card for a spouse

Before the visa is approved the citizen has to provide convincing evidence of domicile.  
 

Where are your cash assets and where is your home asset? With each comment you add profound new information.  
 

Quote

Can I live abroad petition for a green card for a spouse?

you can file I-130 while living abroad. 
 

Quote

 

In other words, If I live outside of US for 3 months or until my spouse passes the interview and/or get a Fiance's visa, then is it fine?

Domicile in USA must be established before the interview. 
 

And you need to physically be in the USA before your wife enters the USA on an immigration visa. Or you can travel with her. 

Quote

 

In this case, does my spouse get a Green card from her country or wait until she comes to the US after we have a marriage certificate?

Thanks very much.

Whether k-1 or immigration visa the actual green card comes after she is in the USA.  

Edited February 19, 2022 by Mike E

[Boiler 45,932]

You can not petition a spouse for a K1

[tadisaus2 2]

Oh Boiler, I mean Fiancee, not spouse.

Mike, based on what you said, I think I'll stay abroad with my fiancee for a few months, may be about 5 months to file I-130 form online. Then, when she is about to get the interview appointment, I'll go back to the US to provide convincing evidence of domicile to USCIS.

Even though my US bank statements and house are not good convincing evidence of domicile, I'll go back to the US.

I am planning to stay abroad until she passes the interview and get a visa so we can travel to the us together, but it seems this plan is not possible.

Thanks.

 

[iwannaplay54 985]

22 hours ago, tadisaus2 said:

I forgot to mention that I have about $300,000 in my bank. In this case, can I use it? Thanks.

I don’t know about a fiance case but I did successfully sponsor spouse on assets (I864) in 2011 and again on assets (I134) in 2018 - from overseas. My foreign earned income was imputed to (zero) and could not be used at all and I did file a petition to return with spouse to the US.

List them along with your income and provide a clear history of where they came from.

You can list (the net equity) in your home but I never tried that, just used liquid assets.

A home, bank account(s), and investments in the US are plenty of evidence of intent to re-establish domicile, I do not believe you have an issue there.

Edited February 20, 2022 by iwannaplay54

[iwannaplay54 985]

21 hours ago, tadisaus2 said:

Hi Mike,

I have one more question. can a u.s. citizen living abroad petition for a green card for a spouse

Can I live abroad petition for a green card for a spouse? In other words, If I live outside of US for 3 months or until my spouse passes the interview and/or get a Fiance's visa, then is it fine? In this case, does my spouse get a Green card from her country or wait until she comes to the US after we have a marriage certificate?

Thanks very much.

You can petition a spouse from the US or from overseas, green card arrives after you relocate back to the US with your spouse.

[tadisaus2 2]

42 minutes ago, iwannaplay54 said:

You can petition a spouse from the US or from overseas, green card arrives after you relocate back to the US with your spouse.

This is excellent news for me. I have an online job (like hobby job) that I can work anywhere on the world, which generate about $10,000 net income every year. And, another good news you mentioned is that I can use a home, bank accounts and investment accounts which prove my assets as well as us domicile. Of course, I still have a valid driver license.

 

I have one more question: my driver license, bank and investment accounts are still using one home address where my ex-wife currently live (we're join owners of this house). By the time I travel abroad and file I-134 application to petition my fiancee, is it caused any conflict / issue from uscis? Should I use different address for my driver license, bank and investment accounts before I travel abroad and file I-134?

 

Thank you very much!

[iwannaplay54 985]

44 minutes ago, tadisaus2 said:

This is excellent news for me. I have an online job (like hobby job) that I can work anywhere on the world, which generate about $10,000 net income every year. And, another good news you mentioned is that I can use a home, bank accounts and investment accounts which prove my assets as well as us domicile. Of course, I still have a valid driver license.

 

I have one more question: my driver license, bank and investment accounts are still using one home address where my ex-wife currently live (we're join owners of this house). By the time I travel abroad and file I-134 application to petition my fiancee, is it caused any conflict / issue from uscis? Should I use different address for my driver license, bank and investment accounts before I travel abroad and file I-134?

 

Thank you very much!

In our case we (once) transferred drivers licenses, vehicle registration, insurance, banks/credit cards, and mobile accounts to my parents address before we left and (second time) to my brother’s.  We sold our home on the way out so essentially cashed in the house and banked it before leaving.

Household goods we did not take went to storage and we kept the payment receipts.

We maintained DL, auto insurance, registration, mobile accounts, and of course bank/credit cards the entire time we were out of the country.  
It seems you are in a similar situation and this preparation worked out very well for us (it’s expensive but makes a very neat package of “intent to (re) establish residency”
For coming back - the first thing we did overseas was ensure we kept enough “highly liquid assets” to come home on.  I used exactly what you are using - cash/investments/401k and nothing else.  You have income I could not claim which puts you in a little bit better situation.

Edited February 20, 2022 by iwannaplay54

[iwannaplay54 985]

23 hours ago, Mike E said:

That of course changes everything. 

 

I don’t think you need a joint sponsor.  
 

Your assets alone are enough. Your income + assets combination actually produces a strong case.  

I agree and I doubt OP will have any problems with what he is planning to do.

[Mike E 11,742]

Wow. Domicile apparently not needed.  I’m out.  

[iwannaplay54 985]

14 minutes ago, Mike E said:

Wow. Domicile apparently not needed.  I’m out.  

It is not possible to domicile in the US while living or working overseas and intent to eatablish domicile has its own list of evidence that must be provided.  In our case we studied it very carefully and set it all up before we left the US.  Our absence was in years not months so this was how we chose to show that (my, USC) absence was temporary.

Since I got “interviewed” on both occasions the CO was aware of exactly what our situation was and was even made aware that though we could we did not intend to stay at the address provided.  This is not something that is uncommon for expats.  We do not sign or prepare to sign a lease until visa is in hand however by POE it’s all ready to go.

Edited February 20, 2022 by iwannaplay54