Why are people getting rejected on assets only?

[Larry and Marides 10]

4 minutes ago, pushbrk said:

Noted.  You....WILL.... get a case note suggesting you might want to add a joint sponsor. Ignore that message.  You don't need one.  It's boilerplate even millionaires with insufficient taxable income get. 

Yes I did get that notice. Thanks to you, I have ignored that part. I have seen you mentioning that on other people's posts.

[Larry and Marides 10]

On 11/18/2024 at 11:22 PM, 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

I am fully insured by Blue Cross and Blue Shield so your logic is flawed by saying assets can easily be wiped out. ANother flaw in your logic is if people have a serious illness they won't be able to work anyway.

 

[pushbrk 13,085]

4 hours ago, Larry and Marides said:

I am fully insured by Blue Cross and Blue Shield so your logic is flawed by saying assets can easily be wiped out. ANother flaw in your logic is if people have a serious illness they won't be able to work anyway.

 

Some folks employ scare tactics to lure in scary cats.  

[Larry and Marides 10]

On 11/19/2024 at 8:00 AM, Lemonslice said:

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... 

Hello, thanks for your reply. Yes it is hypothetical. My assets are cash, stocks and bonds that are liquid and exceed the minimum requirements. My income appears low because I have been withdrawing money from my cash account. Withdrawals from personal accounts that are not an IRA or retirement accounts are not reported as income. 

[spicynujac 38]

On 11/20/2024 at 7:15 PM, Larry and Marides said:

I won't be eligible for social security until July 2025. I retired early.

 

 

Are you retiring through Social Security in July?  If so can you provide the amount of your monthly payout?

If not, you must qualify based on assets alone.  It's not as straightforward or simple, but it's done all the time.

 

As a former loan officer, assets never meant nearly as much to us as income--assets can come and go, be spent, garnished, levied, wasted, invested poorly, gambled, depleted, or even stolen, but an income stream is a stable prediction of future ability to pay.  One can have $80,000 in an account today, and go out and buy an $80,000 car tomorrow and have no money.  The US Treasury generally doesn't even tax or track assets, only income.  

 

But that is merely to say that income is the *preferred* and most secure method of proving ability to pay.  Proving ability to live off assets is not a terribly hard barrier to overcome, particularly for retirees.  In fact, that's typically the only way many retirees have of proving wealth, and it's a common element of many retirement visas in foreign countries, and is done every day.  Based on what you have posted, it seems you are financially qualified based on assets.  The only issue is providing the documentation requested (cash account, proof of account ownership, etc. based on the immigration rules).  

 

Rejections could be for a number of reasons.  I had a tax return rejected because it was missing ONE schedule from the dozens of pages of the return.  The contents of the schedule didn't affect my income threshold at all.  My income alone was well above the qualifying limit, but because I didn't include some obscure schedule (I dont remember--like a $25 stock dividend payment or something silly--which I didn't even need to prove minimum income--the form was rejected.  I finally uploaded all the schedules (twice--it was rejected the second time!!) and was accepted in the end.  I could have freaked out and said "WHY are they REJECTING me in proving my INCOME! I have PLENTY of INCOME" but that wasn't the issue at all... they just required ALL schedules and unless I had all schedules the fact that my salary alone qualified me easily didn't matter.  So it's likely those who were rejected didn't follow the rules.  Just follow the rules fully and make sure you are proving the ability to support based on assets as they have described in the instructions, not just showing a number in a bank account balance.

[Larry and Marides 10]

My wife received a 221g because of my low income. I have substantial assets that are way above the poverty level requirements. All liquid and in brokerage accounts and an IRA.

It's as if the consular didn't even look at the financial documents. My spouse wanted to show them all the financial documents that we brought on paper but he just put his hands up and refuse it even look at him period he didn't even ask any questions as soon as she got to the window she got handed a 221 g

[Larry and Marides 10]

On 1/17/2025 at 1:43 AM, spicynujac said:

 

 

Are you retiring through Social Security in July?  If so can you provide the amount of your monthly payout?

If not, you must qualify based on assets alone.  It's not as straightforward or simple, but it's done all the time.

 

As a former loan officer, assets never meant nearly as much to us as income--assets can come and go, be spent, garnished, levied, wasted, invested poorly, gambled, depleted, or even stolen, but an income stream is a stable prediction of future ability to pay.  One can have $80,000 in an account today, and go out and buy an $80,000 car tomorrow and have no money.  The US Treasury generally doesn't even tax or track assets, only income.  

 

But that is merely to say that income is the *preferred* and most secure method of proving ability to pay.  Proving ability to live off assets is not a terribly hard barrier to overcome, particularly for retirees.  In fact, that's typically the only way many retirees have of proving wealth, and it's a common element of many retirement visas in foreign countries, and is done every day.  Based on what you have posted, it seems you are financially qualified based on assets.  The only issue is providing the documentation requested (cash account, proof of account ownership, etc. based on the immigration rules).  

 

Rejections could be for a number of reasons.  I had a tax return rejected because it was missing ONE schedule from the dozens of pages of the return.  The contents of the schedule didn't affect my income threshold at all.  My income alone was well above the qualifying limit, but because I didn't include some obscure schedule (I dont remember--like a $25 stock dividend payment or something silly--which I didn't even need to prove minimum income--the form was rejected.  I finally uploaded all the schedules (twice--it was rejected the second time!!) and was accepted in the end.  I could have freaked out and said "WHY are they REJECTING me in proving my INCOME! I have PLENTY of INCOME" but that wasn't the issue at all... they just required ALL schedules and unless I had all schedules the fact that my salary alone qualified me easily didn't matter.  So it's likely those who were rejected didn't follow the rules.  Just follow the rules fully and make sure you are proving the ability to support based on assets as they have described in the instructions, not just showing a number in a bank account balance.

My wife received a 221g despite following all the rules as you have stated. I have substantial assets that are way above the poverty level requirements. All liquid and in brokerage accounts and an IRA. Over 30 times the difference between reported income and poverty level. I also own a house that's paid for with a deed. I have been using these assets to support us.

 

It's as if the consular didn't even look at the financial documents. My spouse wanted to show them all the financial documents that we brought on paper but he just put his hands up and refuse it even look at him period he didn't even ask any questions as soon as she got to the window she got handed a 221 g. This consular officer was a Filipino man who didn't speak English and didn't know what liquid assets were. He kept repeating my income shows I'm below poverty level. Everything was uploaded and also printed. He refused to look at the assets. He was focused on income. I'm also temporarily living in the Philippines for 2 years.while awaiting my wife to be approved.

[Larry and Marides 10]

On 11/19/2024 at 9:22 AM, pushbrk said:

The answer to your actual question cannot be offered as a general answer.  I assure you that each person who tries to use assets and fails, is an individual case with it's own unique reason.  Only another case with the same circumstances would be denied for the same reason.  Instead of focusing on possible failure, I suggest you focus on why you will succeed.

 

If you are retired, have Social Security income, and have a large enough IRA to support yourself in the USA, then the person making the public charge decision can see that.  It doesn't have to be this way, but if you can show your IRA is growing, even though you are making withdrawals to support yourself, that's another positive.  But really, a Consular Officer is trained to understand whether the assets are enough to support you and the immigrant or not.  That's what IRA's are for, to support retired people through their retirement years.  It's no rocket science.  If you know you IRA is sufficient, they'll be able to see that too.

That said, the people I've seen having issues with assets only, are those whose asset totals are either marginally qualifying or/and they are trying to use assets not considered "liquid".  An IRA for a retired person, is definitely liquid.  The question is whether it's enough.  You already know if it is or isn't.

Thank you so much for trying to help me. I followed all your advice which is very good and is logical Unfortunately my wife received a 221g which is totally illogical. I have substantial assets that are way above the poverty level requirements. I retired early and have been supporting us on my assets while temporarily living in the Philippines .All assets are liquid and in brokerage accounts and an IRA. Over 30 times the difference between reported income and poverty level. I also own a house that's paid for with a deed. I have been using these assets to support us.

It's as if the consular didn't even look at the financial documents. My spouse wanted to show them all the financial documents that we brought on paper but he just put his hands up and refuse it even look at him period he didn't even ask any questions as soon as she got to the window she got handed a 221 g. This consular officer was a Filipino man who didn't speak English and didn't know what liquid assets were. He kept repeating my income shows I'm below poverty level. Everything was uploaded and also printed. He refused to look at the assets. He was focused on income. I'm also temporarily living in the Philippines for 2 years.while awaiting my wife to be approved.

Sir, I really appreciate all your advice and efforts to help me  Thank you very much.

I have absolutely no joint sponsors. They are afraid to get involved with government paper work and don't want the responsibility, plus they are like me. Retired with low reported income. Its very depressing and a loss of hope. I don't know what to do next?

 

Edited 3 hours ago by Larry and Marides

[Family 4,170]

1 hour ago, Larry and Marides said:

Thank you so much for trying to help me. I followed all your advice which is very good and is logical Unfortunately my wife received a 221g which is totally illogical. I have substantial assets that are way above the poverty level requirements. I retired early and have been supporting us on my assets while temporarily living in the Philippines .All assets are liquid and in brokerage accounts and an IRA. Over 30 times the difference between reported income and poverty level. I also own a house that's paid for with a deed. I have been using these assets to support us.

It's as if the consular didn't even look at the financial documents. My spouse wanted to show them all the financial documents that we brought on paper but he just put his hands up and refuse it even look at him period he didn't even ask any questions as soon as she got to the window she got handed a 221 g. This consular officer was a Filipino man who didn't speak English and didn't know what liquid assets were. He kept repeating my income shows I'm below poverty level. Everything was uploaded and also printed. He refused to look at the assets. He was focused on income. I'm also temporarily living in the Philippines for 2 years.while awaiting my wife to be approved.

Sir, I really appreciate all your advice and efforts to help me  Thank you very much.

I have absolutely no joint sponsors. They are afraid to get involved with government paper work and don't want the responsibility, plus they are like me. Retired with low reported income. Its very depressing and a loss of hope. I don't know what to do next?

 

You just need to submit your I-864 , taxes and assets along and feel free to tell them they issued refusal in error as poverty guidelines are met and exceeded.

‘Just because they did not spell it out for you , using assets is NOT foreclosed and you do NOT need a joint sponsor.

 

It is very very common for CO to flippantly dismiss applicants and often err .  

Just send in what you prepared , it will be accepted.