Can I claim assets on income for I-864

[tadisaus2 2]

Thank you very much, guys!

I am very clear now.

This forum is great.

Again, thanks!

[tadisaus2 2]

I talked to one attorney via phone yesterday and found out some different things about filing petition for Fiance/spouse while living abroad.

-He said Domicile in US must be established before the interview. He said I could file petition for Fiance/spouse while living abroad but I should come back to the US when she is about to get the interview to complete I-864.

-He also said I must Meet Two-Year Meeting Requirement Prior to Filing Fiancé(e) Visa Application. He recommended me to file marriage petition for form I-130 so I have more chance to get approved from USCIS, since I have met her only 8 months from now.

 

Thanks very much!

[Villanelle 4,122]

On 2/20/2022 at 10:20 AM, iwannaplay54 said:

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

I'm not as convinced. Perhaps he won't have problems with using cash in bank as assets on the 864 but I can see other issues. 

 

If you read between the lines in what hes posting you can see he didnt present the full picture initially. 

 

Unless I am misunderstanding-The home he seems to be claiming as an asset is jointly owned by him and his ex wife. (A bit odd as most would separate all assets in the divorce). Because he is not the sole owner it's unlikely they will allow the house as an asset. The same home is the address he uses as his residence and intends to use for the process.  I've never seen USCIS look fondly on such. Bringing a new wife to the home shared with ex wife? An ex wife who is paid 1500/month in alimony when he doesn't even earn that much?

 

I think the hefty bank balance of 300k is enough to qualify but is going to need to have solid proof of ownership and an explanation of where it came from/proof any taxes were paid on it.

 

 

 

 

[aaron2020 11,651]

4 hours ago, tadisaus2 said:

I talked to one attorney via phone yesterday and found out some different things about filing petition for Fiance/spouse while living abroad.

-He said Domicile in US must be established before the interview. He said I could file petition for Fiance/spouse while living abroad but I should come back to the US when she is about to get the interview to complete I-864.

-He also said I must Meet Two-Year Meeting Requirement Prior to Filing Fiancé(e) Visa Application. He recommended me to file marriage petition for form I-130 so I have more chance to get approved from USCIS, since I have met her only 8 months from now.

 

Thanks very much!

You are all over the place.

 

Fiancee or spouse - you used both terms.  NOT A GOOD IDEA WITH US IMMIGRATION.  

 

Then you said fiancee and mentioned filing an I-130 after living abroad for 5 months.

 

Living with your ex-wife is a problem pointing to the legitimacy of your relationship.

 

Have you been back to Viet Nam in the last two years to see your fiancee?  How did you two meet?

 

If you are going to Viet Nam, then have you considered getting marry and filing for a spousal visa?

[tadisaus2 2]

35 minutes ago, Villanelle said:

I'm not as convinced. Perhaps he won't have problems with using cash in bank as assets on the 864 but I can see other issues. 

 

If you read between the lines in what hes posting you can see he didnt present the full picture initially. 

 

Unless I am misunderstanding-The home he seems to be claiming as an asset is jointly owned by him and his ex wife. (A bit odd as most would separate all assets in the divorce). Because he is not the sole owner it's unlikely they will allow the house as an asset. The same home is the address he uses as his residence and intends to use for the process.  I've never seen USCIS look fondly on such. Bringing a new wife to the home shared with ex wife? An ex wife who is paid 1500/month in alimony when he doesn't even earn that much?

 

I think the hefty bank balance of 300k is enough to qualify but is going to need to have solid proof of ownership and an explanation of where it came from/proof any taxes were paid on it.

 

 

 

 

Currently, I am still living at the same house with my ex wife and children but planning to move out soon. A lot of Asian people live in the same house after divorce to raise children and save money. Based on what you said, I think I'll move everything to my sister's address when I start the process. I'd been working two jobs and quit one primary job last year. Currently, I work on my online job only which generate $10k a year. $300k is my bank balance under my name only. Thanks.

[tadisaus2 2]

24 minutes ago, aaron2020 said:

You are all over the place.

 

Fiancee or spouse - you used both terms.  NOT A GOOD IDEA WITH US IMMIGRATION.  

 

Then you said fiancee and mentioned filing an I-130 after living abroad for 5 months.

 

Living with your ex-wife is a problem pointing to the legitimacy of your relationship.

 

Have you been back to Viet Nam in the last two years to see your fiancee?  How did you two meet?

 

If you are going to Viet Nam, then have you considered getting marry and filing for a spousal visa?

Please read my answer below Villanelle.

 

I have been to Viet Nam in 2019. We met a few times. I don't know the best way to file now, either Fiance or spousal visa. I am planing to go back there in the next few months. Thanks.

[Boiler 45,932]

Might as well go spousal.

[aaron2020 11,651]

Go to VN.  Get marry.  File an I-130 to start the CR-1 spousal visa process.

[iwannaplay54 985]

7 hours ago, tadisaus2 said:

I talked to one attorney via phone yesterday and found out some different things about filing petition for Fiance/spouse while living abroad.

-He said Domicile in US must be established before the interview. He said I could file petition for Fiance/spouse while living abroad but I should come back to the US when she is about to get the interview to complete I-864.

-He also said I must Meet Two-Year Meeting Requirement Prior to Filing Fiancé(e) Visa Application. He recommended me to file marriage petition for form I-130 so I have more chance to get approved from USCIS, since I have met her only 8 months from now.

 

Thanks very much!

That lawyer’s a moron then.  I ran a petition through from overseas / out of the country for three years, never stepped foot in the US for the last two of those and we entered the US together.

USC expats do it all the time.

[aaron2020 11,651]

2 minutes ago, iwannaplay54 said:

That lawyer’s a moron then.  I ran a petition through from overseas / out of the country for three years, never stepped foot in the US for the last two of those and we entered the US together.

USC expats do it all the time.

OP is very confused.  

He's mixing up a lot of things.  May be misinterpreting the lawyer like he did posts on the first page of this thread. 

[iwannaplay54 985]

3 hours ago, Villanelle said:

I'm not as convinced. Perhaps he won't have problems with using cash in bank as assets on the 864 but I can see other issues. 

 

If you read between the lines in what hes posting you can see he didnt present the full picture initially. 

 

Unless I am misunderstanding-The home he seems to be claiming as an asset is jointly owned by him and his ex wife. (A bit odd as most would separate all assets in the divorce). Because he is not the sole owner it's unlikely they will allow the house as an asset. The same home is the address he uses as his residence and intends to use for the process.  I've never seen USCIS look fondly on such. Bringing a new wife to the home shared with ex wife? An ex wife who is paid 1500/month in alimony when he doesn't even earn that much?

 

I think the hefty bank balance of 300k is enough to qualify but is going to need to have solid proof of ownership and an explanation of where it came from/proof any taxes were paid on it.

 

 

 

 

I would not and have never recommended using fixed property as an asset.  Gray area (at least for us) that I’ve always dismissed.

They’ve never dug into our bank account but I usually went back a year to show the balance was long-term.  Other than previous year(s) taxes they don’t ask about whether your bank balance is taxed or untaxed and for sure they know 401k’s are untaxed.

Edited February 23, 2022 by iwannaplay54

[aaron2020 11,651]

1 minute ago, iwannaplay54 said:

I would not and have never recommended using fixed property as an asset.  Gray area (at least for us) that I’ve always dismissed.

Using a primary residence is a bad idea for the I-864. 

OP can use the $300,000 bank account that is in his name.  He's gonna have to show how he got the money.  Doesn't compute with his wages.  

[iwannaplay54 985]

1 minute ago, aaron2020 said:

Using a primary residence is a bad idea for the I-864. 

OP can use the $300,000 bank account that is in his name.  He's gonna have to show how he got the money.  Doesn't compute with his wages.  

Concur 

[tadisaus2 2]

I got some more different ideas. I think I'll file petition for spousal visa in stead of Fiance visa while living abroad in the next few months. I'll use $300,000 cash in my bank account, plus $10k yearly income on I-864 without adding 401k and stocks, which I think I'll meet the Poverty Guidelines of about $22,000 for 2 people.

Thanks so much guys.

God bless you all.