i130 minimum income requirement issue and out of US cash (South African Rand) to meet 5x assets to sponsor the intending immigrant & 'DQ

[LOVELETTER 0]

 

I've petitioned my mom to live in the United States (I-130). As the petitioner,  I don't meet the minimum financial requirements according to the update as my income was 31k last year but my adjusted gross income was 18k after by business costs.

 

These were the notes after our case was reviewed: 

 

'Please SDSDSsubmit every 2022 W-2/1099 form for Petitioner.' & 

'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.' & 

'DOCUMENTARILY QUALIFIED.' 

 

Will my moms assets be considered and meet the requirements to be enough even though they are all currently in South Africa she has a home worth 120k and 60k in stocks cash and bonds but will that be valid if not in a US account at the time of interview is her home considered a liquid asset? She owns the home free and clear with no lien or mortgage. Her finances are over 5x the requirements. Will that get her approved without the help of an additional Affidavit of Support Form I-864 from a joint sponsor? 

 

Looking forward to hearing any advice you may have for us! 

 

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You need a joint sponsor, USC or LPR, resident in the US.

[LOVELETTER 0]

I was under the impression you qualify if over 24k in income or have assets over the amount?

 

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It is also specified on the I 864

[LOVELETTER 0]

can you specify where it says you can't use the immigrants assets to qualify?

 

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2 minutes ago, LOVELETTER said:

can you specify where it says you can't use the immigrants assets to qualify?

 

 

 

Who can be a Financial Sponsor? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#:~:text=the United States.-,Who can be a Financial Sponsor%3F,residence) in the United States.

[LOVELETTER 0]

Thank you for the support this means a lot to have people that care enough to share feedback. 

 

Sorry I am not wording things well.  I am referring to the immigrants assets overcoming the deficit in income see below:

 

The assets must be able to move to the United States. The assets' total value must equal five times the difference between the sponsor's income and poverty guidelines. So, for example, if the difference is $10,000, then the total value of the assets must be a minimum of $50,000.

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On 5/9/2023 at 11:13 PM, LOVELETTER said:

 

I've petitioned my mom to live in the United States (I-130). As the petitioner,  I don't meet the minimum financial requirements according to the update as my income was 31k last year but my adjusted gross income was 18k after by business costs.

 

These were the notes after our case was reviewed: 

 

'Please SDSDSsubmit every 2022 W-2/1099 form for Petitioner.' & 

'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.' & 

'DOCUMENTARILY QUALIFIED.' 

 

Will my moms assets be considered and meet the requirements to be enough even though they are all currently in South Africa she has a home worth 120k and 60k in stocks cash and bonds but will that be valid if not in a US account at the time of interview is her home considered a liquid asset? She owns the home free and clear with no lien or mortgage. Her finances are over 5x the requirements. Will that get her approved without the help of an additional Affidavit of Support Form I-864 from a joint sponsor? 

 

Looking forward to hearing any advice you may have for us! 

 

Can you clarify… have you received the DOCUMENTARILY QUALIFIED message or not? 
Your OP is not clear. 

Edited May 12, 2023 by Redro

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10 minutes ago, LOVELETTER said:

Thank you for the support this means a lot to have people that care enough to share feedback. 

 

Sorry I am not wording things well.  I am referring to the immigrants assets overcoming the deficit in income see below:

 

The assets must be able to move to the United States. The assets' total value must equal five times the difference between the sponsor's income and poverty guidelines. So, for example, if the difference is $10,000, then the total value of the assets must be a minimum of $50,000.

Your assets

[LOVELETTER 0]

It shows we are documentarily qualified but there appears to be an automated message saying we may need a sponsor but my w2 and 1099's weren't uploaded at that time only my tax return showing 31k gross and 19k adjusted gross income with 30k in savings on my side as a citizen my mother has 180k in assets but they are in South African rand house, bank accounts etc. 

 

Can my mothers assets qualify her for the difference and why would it say I don't qualify without a joint sponsor if I made over 24500 for 2 in the household in gross income and have close to 30k in savings in us bank and she has 180k in S African assets we would transfer over.

 

[LOVELETTER 0]

 

So looking to understand this section: 

 

 

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.

 

[LOVELETTER 0]

Also wouldn't my 30k in savings overcome the deficit if they use AGI rather than Gross Income based on the below item:

 

How can a sponsor use assets to meet the minimum Federal Poverty Guidelines?

If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. When looking at income levels, the consular officer will look at the sponsor's employment income first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. If the sponsor is using assets to meet the minimum Federal Poverty Guidelines, they must upload a scanned copy of documentation of those assets into CEAC.

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8 minutes ago, LOVELETTER said:

It shows we are documentarily qualified but there appears to be an automated message saying we may need a sponsor but my w2 and 1099's weren't uploaded at that time only my tax return showing 31k gross and 19k adjusted gross income with 30k in savings on my side as a citizen my mother has 180k in assets but they are in South African rand house, bank accounts etc. 

 

Can my mothers assets qualify her for the difference and why would it say I don't qualify without a joint sponsor if I made over 24500 for 2 in the household in gross income and have close to 30k in savings in us bank and she has 180k in S African assets we would transfer over.

 

On one hand, this is great you've been DQ'ed because this means the CO interviewing your mom will make the decision and you don't have to complete another I-864 for NVC review. 

But, you'll only find out at the interview.

You will have to complete a new I-864 with wet ink signature and include your mother's assets. Then you need to show the value of her assets in US dollars and paperwork showing she owns the house, how much the house is worth, and proof you'll be able to move the money to the US within a year. (Moving money out of SA can be extremely difficult sometimes though & you will want to research how to move that money to the US). 

All that being said, the CO might decide they don't want to accept your mom's assets towards the affidavit of support so I would line up a joint sponsor as your Plan B. 

I would also schedule your mom's medical now (before her interview date) as that is another factor that slows done the process for SA beneficiaries (There are only 2 doctors and they get booked up quickly). 

 

ETA: Don't transfer the money over until after the interview. You can show proof of assets in the SA bank account, you just have to convert the amount into USD. 

Edited May 12, 2023 by Redro

[LOVELETTER 0]

You are a blessing thank you for sharing this info. We submitted all of her proof of income and accounted for this on the first form. The proof we can transfer we never looked into so this will be good to be aware of. 

 

So they can decide to not accept my moms assets even though it more than qualifies? Also can they still reject if I have 30k in savings with only 5,500 short if they use AGI? In this case I am trying not to use my fiancé income but he can in a worst case scenario to qualify us which sounds like it helps given his income is low six figures, but will they have to qualify if my savings are in excess of the shortage or is there high level of discretion and they can still reject?

 

If they reject will they give us another opportunity if we moved forward with no joint sponsor or do we have to do a joint sponsor prior without causing severe delays

 

lastly once we are DQ'ed which we are on the current status how long until interview would take place? 

 

This should cover the rest of the questions

 

 

 

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5 minutes ago, LOVELETTER said:

You are a blessing thank you for sharing this info. We submitted all of her proof of income and accounted for this on the first form. The proof we can transfer we never looked into so this will be good to be aware of. Please clarify- you included your mother's assets on the first I-864 and you included all the proof required (value of house minus mortgage etc)

 

So they can decide to not accept my moms assets even though it more than qualifies? Also can they still reject if I have 30k in savings with only 5,500 short if they use AGI? In this case I am trying not to use my fiancé income but he can in a worst case scenario to qualify us which sounds like it helps given his income is low six figures, but will they have to qualify if my savings are in excess of the shortage or is there high level of discretion and they can still reject? - Correct, CO might decide they don't like your mother making up the short fall and they request a joint sponsor. 

Question: does your fiance live with you? would you use him as a joint sponsor or a household member? 

TBH: I would ask your fiance to prepare his own I-864 and use that as a back up when your mother goes to interview. You would still be the primary sponsor AND if you are planning on getting married you'll be combining your assets anyway... 

 

If they reject will they give us another opportunity if we moved forward with no joint sponsor or do we have to do a joint sponsor prior without causing severe delays - NVC is giving you the option right now to prepare a joint sponsor to avoid future delays if the CO decides to not accept the current I-864. They will give your mother a 221G and request a joint sponsor. US Consulate in SA can be extremely slow after an RFE. One member had to wait months for his fiance to receive her visa after she did not bring her PCC to the interview. Others have reported delays because the embassy was waiting on medicals. 

 

lastly once we are DQ'ed which we are on the current status how long until interview would take place? - I'm not sure maybe 2-4 months? I didn't keep up with interviews out of SA because I interviewed in another country. But, there is no real backlog to my knowledge. 

 

This should cover the rest of the questions