Why are people getting rejected on assets only?

[Larry and Marides 10]

II heard that many people are getting rejected on assets. I know "Heard "is a very popular person. I'm still waiting for my visa interview. I'm trying to find out why "Heard" is scaring so many people. I also read on other forums like Reddit and Facebook that some people are getting rejected on liquid assets, even though they are qualified. Are there details that are being left out? I'm retired and have a very low reported income because I'm temporarily living in the Philippines where the cost of living is very low. So low that my reported income from IRA withdrawals is lower than the poverty level. I have significant liquid assets that make me well qualified to meet the requirements of assets. The policy states that assets can be used. I heard that many are being rejected using assets. I'm trying to figure out why the consul would reject these people?

[Boiler 45,737]

You would have to ask them, I know from my personal experience they do not seem keen.

 

when you say liquid assets do you mean cash in the bank.

[Larry and Marides 10]

1 minute ago, Boiler said:

You would have to ask them, I know from my personal experience they do not seem keen.

 

when you say liquid assets do you mean cash in the bank.

Are you kidding, they won't answer why. I've heard of people questioning them and immediately getting escorted out. So again, does anyone know why the consuls refused to follow policy. Liquid assets are cash.

[Boiler 45,737]

Cash in a US account is likely to be looked at more favourably.

 

Joint sponsor is the safe bet

[Larry and Marides 10]

8 minutes ago, Boiler said:

Cash in a US account is likely to be looked at more favourably.

 

Joint sponsor is the safe bet

I'm looking for the answer. Someone must know why some people get rejected, even if they are 10 times the poverty level. No sponsors are available anyway. I don't blame them. If you read the contract I too would never be a sponsor. Learned my lesson long ago co signing for a car loan. I ended up paying it.

I don't want to make huge withdrawals from my IRA account for income that's not needed while temporarily living in the Philippines.

Edited November 18 by Larry207

[JeanneAdil 6,583]

https://hackinglawpractice.com/uscis-sponsor-income

 

Watch video by attorney Hacking

 

Actually I 864 instructions do say on page 8

 

For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.   

 

In my thinking (and only mine from family history) assets can easily be wiped out for serious illnesses or accident(s).  personally we have a genetic alpha 1 antitrypson deficency and my brother had lung transplant in Pittsburgh and sister just had a liver transplant in Cleveland Clinic.   Savings and IRS's????   Needed them to live on 

 

the CO will look at assets if provided  but they want yearly income especially when the USC lives in an area of high living costs like Miami,  NYC,  CT,  etc,  125% of poverty guidelines is same for all 48 contiguous but we all know some areas of the US are much higher than others and CO's also know this when looking at the petition and I 864.   

 

As a retiree,  your income will have to support the immigrant's health care insurance so u should be checking the cost in your area and provide proof with the documents that you can afford it.

 

Basically i think immigration should be able to see credit reports too as money is a big issue in marriage. and the immigrant should not have to absorb bad credit upon arrival

[PGA 251]

1 hour ago, Larry207 said:

I'm looking for the answer. Someone must know why some people get rejected, even if they are 10 times the poverty level. No sponsors are available anyway. I don't blame them. If you read the contract I too would never be a sponsor. Learned my lesson long ago co signing for a car loan. I ended up paying it.

I don't want to make huge withdrawals from my IRA account for income that's not needed while temporarily living in the Philippines.

Well, somebody from the consulate will probably never tell you the reason so all you're left with is "heard." I just have guesses. First, I guess the COs are given a stack of visa applications every morning to process through. Then, I guess that said CO doesn't really want to or have time to go through a stack of asset documents such as bank account statements, stock holdings, etc (in addition to all of the paperwork already inherent in the visa process). Finally, I guess that a CO who may have negative consequences for making a "wrong decision," may feel a bit more confident knowing that another 3rd party (a joint sponsor) is also willing to put their neck out for said visa applicant. 

 

These are just a few guesses and I doubt they even come close to encompassing all the possible guesses out there but, in my mind, these seem most logical. My recommendation is, if you are using assets only, to try it and see but also understand that they may require a joint sponsor so it's better to have one lined up and it will add more time to the visa process. 

Edited November 18 by PGA

[mam521 2,113]

I will add here that if President Trump reinstates the changes he'd made to the Public Charge Inadmissibility rules, it's going to get that much more challenging for the reasons @JeanneAdil mentioned including being able to provide healthcare, etc all while proving the intending immigrant will not become a burden to the public.  

[Verrou 1,962]

that dreaded i-944 most likely make a comeback @mam521

Edited November 18 by Verrou

[pushbrk 12,998]

14 hours ago, Larry207 said:

II heard that many people are getting rejected on assets. I know "Heard "is a very popular person. I'm still waiting for my visa interview. I'm trying to find out why "Heard" is scaring so many people. I also read on other forums like Reddit and Facebook that some people are getting rejected on liquid assets, even though they are qualified. Are there details that are being left out? I'm retired and have a very low reported income because I'm temporarily living in the Philippines where the cost of living is very low. So low that my reported income from IRA withdrawals is lower than the poverty level. I have significant liquid assets that make me well qualified to meet the requirements of assets. The policy states that assets can be used. I heard that many are being rejected using assets. I'm trying to figure out why the consul would reject these people?

You are correct that Ms Heard is a popular source of misinformation.  If you are old enough to withdraw from an IRA without penalty, then it is certainly considered liquid.  If the total is well over (Double or more) the three dollars to replace one dollar of income shortfall, I would ignore Ms Heard altogether.  You live in the Philippines, so you are already used to hearing vague information.  Retired people living of retirement savings are almost always successful in sponsoring their spouse using significant liquid assets.

[top_secret 2,458]

Anecdotally, US Embassy Manilla has been taking a hard line on domicile recently.  There are multiple recent examples of persons who lived with spouses in the Philippines during the immigration process running up against very serious issues attempting to prove domicile when the time comes.  It is perhaps far less of an issue of assets or income, and more an issue of proving one is actually currently supporting themselves IN THE US.  Assets may be fine if you have conclusive evidence you are using them to support yourself in the US.  If you have been living on assets in the Philippines it may be problematic and require a really detailed plan of how you would support yourself in the US.

[Lemonslice 4,922]

18 hours ago, Larry207 said:

II heard that many people are getting rejected on assets. I know "Heard "is a very popular person. I'm still waiting for my visa interview. I'm trying to find out why "Heard" is scaring so many people. I also read on other forums like Reddit and Facebook that some people are getting rejected on liquid assets, even though they are qualified. Are there details that are being left out? I'm retired and have a very low reported income because I'm temporarily living in the Philippines where the cost of living is very low. So low that my reported income from IRA withdrawals is lower than the poverty level. I have significant liquid assets that make me well qualified to meet the requirements of assets. The policy states that assets can be used. I heard that many are being rejected using assets. I'm trying to figure out why the consul would reject these people?

Has your spouse been denied?  Or is it an hypothetical question?  Many people qualify on assets; assets have to be liquid, and presented clearly.  Denials I have seen were from non U.S. assets, crypto, non-liquid assets, insufficient assets/documentation of assets... 

[gamer2000 4]

3 hours ago, pushbrk said:

You are correct that Ms Heard is a popular source of misinformation.  If you are old enough to withdraw from an IRA without penalty, then it is certainly considered liquid.  If the total is well over (Double or more) the three dollars to replace one dollar of income shortfall, I would ignore Ms Heard altogether.  You live in the Philippines, so you are already used to hearing vague information.  Retired people living of retirement savings are almost always successful in sponsoring their spouse using significant liquid assets.

If you are only using assets to make up for a short fall from w2 income let's say $2,000 and your assets are 20x that amount with retirement account being over the required age will you have an issue ?  Also if the joint sponsor is married and can show there own income and personal account will they be required to still do a I-864a from the other spouse ? 

 

[Larry and Marides 10]

On 11/21/2023 at 6:20 AM, pushbrk said:

I know this "Heard" person very well.  They are usually misinformed.  This is another example.  What....IS....true is that when income is clearly sufficient, there is no need to complete the asset section or document your assets.  However, when income is marginal as yours is, then it definitely DOES help to state and document liquid assets, like savings or investment accounts.  Consular Officers are trained to consider "the totality of circumstances" in making the public charge decision.

 

As an example, millionaires with no income have sponsored immigrants.  Sure, they get a notice suggesting they.....MAY....want to get a joint sponsor, BUT when they clearly qualify, I advise them to ignore that message.  It happens every time the last year's tax return doesn't show qualifying income, NO MATTER how many assets, or how much CURRENT INCOME from a NEW JOB is stated.  

 

You won't get such a notice as your income is more than the minimum.  State and document your liquid assets.

 

8 hours ago, JeanneAdil said:

https://hackinglawpractice.com/uscis-sponsor-income

 

Watch video by attorney Hacking

 

Actually I 864 instructions do say on page 8

 

For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.   

 

In my thinking (and only mine from family history) assets can easily be wiped out for serious illnesses or accident(s).  personally we have a genetic alpha 1 antitrypson deficency and my brother had lung transplant in Pittsburgh and sister just had a liver transplant in Cleveland Clinic.   Savings and IRS's????   Needed them to live on 

 

the CO will look at assets if provided  but they want yearly income especially when the USC lives in an area of high living costs like Miami,  NYC,  CT,  etc,  125% of poverty guidelines is same for all 48 contiguous but we all know some areas of the US are much higher than others and CO's also know this when looking at the petition and I 864.   

 

As a retiree,  your income will have to support the immigrant's health care insurance so u should be checking the cost in your area and provide proof with the documents that you can afford it.

 

Basically i think immigration should be able to see credit reports too as money is a big issue in marriage. and the immigrant should not have to absorb bad credit upon arrival

My assets are generating income. The policy states that assets can be used. Let me restate my question. Why are some people getting approved on assets, but others aren't. It seems to depend on the mood of the consul.
You have to keep reading the instructions. They state starting on page 9:
If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement. Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset

Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.

What if I Cannot Meet the Income Requirements?  The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrants; or 4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. 

You may use assets to supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included.

[Larry and Marides 10]

7 hours ago, mam521 said:

I will add here that if President Trump reinstates the changes he'd made to the Public Charge Inadmissibility rules, it's going to get that much more challenging for the reasons @JeanneAdil mentioned including being able to provide healthcare, etc all while proving the intending immigrant will not become a burden to the public.  

I have health insurance, and my assets are generating income. The problem is they are generating non taxable income. My spouse also is an registered nurse with a bachelor's degree and will be able to find a job at a hospital.