RFE - immigrating spouse using their assets which Form? I-864 or I-864A???

[ElliLam 1]

We received the dreaded RFE - This case does not meet the minimum income requirement to sponsor the intending immigrants at NVC stage.  

After researching, it seems the intending immigrant spouse can use their assets to make up the financial shortfall.  Which form is the way to do this, do we have to resubmit the I-864 with the additional information at or does the intending immigrant who is the spouse of the petitioner able to be added as a household member therefore file a I-864A????

I don't know which way to go so I thought i'd ask here.  The NVC portal does not have the option to re-submit a new updated I-864, it only has options for add a joint sponsor or add a household member.  The Travel state website says you can

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.

 

but the I-864A instructions say 

 

Item Numbers 3.a. - 3.d. Assets. Complete this item only if the sponsor is using the value of your assets to help meet the requirements of the affidavit of support. If you are using only your income to help the sponsor meet the requirements, do not complete this item.

If you are the intending immigrant and have no accompanying dependents, then do not list your assets on this contract. Instead, you must list your assets in Part 7., Item Numbers 6. - 10. of the Form I-864 and do not need to complete this form.

Confused, would appreciate any suggestions

[Dashinka 24,479]

After reading the instructions for the I864, it appears you only need to update your I864 with the assets section assuming they meet the requirements.  No need for an I864A.

 

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

[Chancy 6,241]

3 hours ago, ElliLam said:

We received the dreaded RFE - This case does not meet the minimum income requirement to sponsor the intending immigrants at NVC stage.  

 

Is your case DQ?  That is, did you get the NVC email and CEAC inbox message saying "Documentarily Qualified"?

 

[ElliLam 1]

6 hours ago, Dashinka said:

After reading the instructions for the I864, it appears you only need to update your I864 with the assets section assuming they meet the requirements.  No need for an I864A.

 

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

thank you for the clarification, appreciate your help 

[ElliLam 1]

4 hours ago, Chancy said:

 

Is your case DQ?  That is, did you get the NVC email and CEAC inbox message saying "Documentarily Qualified"?

 

No not yet, waiting waiting.

 

[pushbrk 12,868]

2 hours ago, ElliLam said:

No not yet, waiting waiting.

 

Yes, you add the intending immigrant spouse's assets to your I-864.  You may need to delete and replace to do that.

 

What is the full wording of your notice?  (the part directly relevant to this discussion)

[ElliLam 1]

14 hours ago, pushbrk said:

Yes, you add the intending immigrant spouse's assets to your I-864.  You may need to delete and replace to do that.

 

What is the full wording of your notice?  (the part directly relevant to this discussion)

This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p.

[pushbrk 12,868]

28 minutes ago, ElliLam said:

This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p.

I see.  We see this message once or twice a week.  If you are confident you qualify, just ignore it.  If you feel more comfortable deleting and uploading a new one with the immigrant spouse's assets, wait to do it until you have your interview date.  This message will not delay your DQ and interview.

 

[ElliLam 1]

9 hours ago, pushbrk said:

I see.  We see this message once or twice a week.  If you are confident you qualify, just ignore it.  If you feel more comfortable deleting and uploading a new one with the immigrant spouse's assets, wait to do it until you have your interview date.  This message will not delay your DQ and interview.

 

Thank you for your reply! Based on 2021 tax file the sponsor misses by only a couple of grand, mainly due to covid business downturns over winter. I don't know how confident we are lol, I mean together we satisfy the requirements but its still worrying as we didn't mention the immigrating spouses assets, didn't think it was required/necessary but maybe it is..  Is the DQ based on the beneficiaries documents only? Should we expect an interview date still, based on Sydney consulate the wait for interview times is loooooong like 6 months? Also there was no time line to submit the  joint sponsor/household member documents so wait 6 months for maybe an interview then provide evidence?.   Idk, it's a little overwhelmingly mysterious tbh.  I like that you said this message will not delay DQ and interview tho , a glimmer of hope, thank you for you knowledgable support, I appreciate your reply and all your inputs I have read on other topics, very helpful.

[pushbrk 12,868]

16 minutes ago, ElliLam said:

Thank you for your reply! Based on 2021 tax file the sponsor misses by only a couple of grand, mainly due to covid business downturns over winter. I don't know how confident we are lol, I mean together we satisfy the requirements but its still worrying as we didn't mention the immigrating spouses assets, didn't think it was required/necessary but maybe it is..  Is the DQ based on the beneficiaries documents only? Should we expect an interview date still, based on Sydney consulate the wait for interview times is loooooong like 6 months? Also there was no time line to submit the  joint sponsor/household member documents so wait 6 months for maybe an interview then provide evidence?.   Idk, it's a little overwhelmingly mysterious tbh.  I like that you said this message will not delay DQ and interview tho , a glimmer of hope, thank you for you knowledgable support, I appreciate your reply and all your inputs I have read on other topics, very helpful.

That particular notice will not delay DQ.  What do you mean when you say "together we satisfy...."?  YOU are the sponsor.  Sounds like you are talking about a "joint sponsor".  You do not combine income with a joint sponsor.

[Chancy 6,241]

18 minutes ago, ElliLam said:

Based on 2021 tax file the sponsor misses by only a couple of grand, mainly due to covid business downturns over winter. I don't know how confident we are lol, I mean together we satisfy the requirements but its still worrying as we didn't mention the immigrating spouses assets, didn't think it was required/necessary but maybe it is

 

If you have only one sponsor and they don't qualify based on current income and/or assets, even "by only a couple of grand", then the case won't get DQ-ed.  Assets don't count if they are not listed on the I-864.  How would NVC know about the assets if you don't list them?  The immigrating spouse doesn't need to fill out an I-864A.  Their assets can be listed in the petitioning sponsor's I-864 as conjugal assets.

 

[pushbrk 12,868]

2 hours ago, Chancy said:

 

If you have only one sponsor and they don't qualify based on current income and/or assets, even "by only a couple of grand", then the case won't get DQ-ed.  Assets don't count if they are not listed on the I-864.  How would NVC know about the assets if you don't list them?  The immigrating spouse doesn't need to fill out an I-864A.  Their assets can be listed in the petitioning sponsor's I-864 as conjugal assets.

 

I agree in general but think we are missing some information.  The notice received is the one that will NOT delay DQ.  It's the one that says the Consular Officer will decide.