Why are people getting rejected on assets only?

[pushbrk 12,876]

14 minutes ago, Myko87 said:

By "always heard" I mean members and admins from FB groups that have direct experience or have spoken to people who had to get co-sponsors because of it. There are also threads on VJ from people who have completed the process and also say that assets are generally not accepted. I have never read a story where assets were accepted at the Manila embassy but I've read countless that have said they aren't .. emphasis on Manila and not other countries.

The reasons were more specific than just "using assets".  Often, we can determine the reason but sometimes we never have enough information to know.  Drawing the conclusion that assets won't work, is not justified, because the DO work, and I expect they WILL work for this petitioner.

 

Note that the term "always" is absolute, and does not apply.  I think you mean you "often" not "always".

 

[top_secret 2,414]

2 hours ago, Myko87 said:

By "always heard" I mean members and admins from FB groups that have direct experience or have spoken to people who had to get co-sponsors because of it. There are also threads on VJ from people who have completed the process and also say that assets are generally not accepted. I have never read a story where assets were accepted at the Manila embassy but I've read countless that have said they aren't .. emphasis on Manila and not other countries.

 

 

I probably follow some of the same FB groups and I have seen several very real recent cases where people weren't outright rejected, but did get 221g's that they struggled to answer in very similar circumstances.  Enough cases to say it is a pattern and a problem at US Embassy Manila.  But in my opinion, the underlying common thread to all of those cases is that they had been supporting themselves with assets while living with their spouses in the Philippines for protracted periods of time.  It seems US Embassy Manila definitely does not like that particular profile.  But for those who overcame the 221g it seemed the way forward was to provide extremely detailed plans of the minutia about how they intend to resume life and fully support themselves in the US.  I feel the best proactive approach would be to go in strong in the first place with a case that they are fully maintaining a life and are already easily supporting themselves in the US.  The assets should be seen as actively providing their means of their support in the US rather than just a balance in a bank.

[pushbrk 12,876]

1 hour ago, top_secret said:

 

 

I probably follow some of the same FB groups and I have seen several very real recent cases where people weren't outright rejected, but did get 221g's that they struggled to answer in very similar circumstances.  Enough cases to say it is a pattern and a problem at US Embassy Manila.  But in my opinion, the underlying common thread to all of those cases is that they had been supporting themselves with assets while living with their spouses in the Philippines for protracted periods of time.  It seems US Embassy Manila definitely does not like that particular profile.  But for those who overcame the 221g it seemed the way forward was to provide extremely detailed plans of the minutia about how they intend to resume life and fully support themselves in the US.  I feel the best proactive approach would be to go in strong in the first place with a case that they are fully maintaining a life and are already easily supporting themselves in the US.  The assets should be seen as actively providing their means of their support in the US rather than just a balance in a bank.

And in the OP's case, that should be no problem at all.  I still think it's not accurate to say the IV unit in Manila doesn't like the profile of living off assets in the Philippines.  They want to understand how how the couple or family is going to support themselves in the USA.  An IRA with a balance that is still increasing more each year than projected living expenses, is easy to illustrate.

Information posted on Facebook groups and discussed by folks who are blind leading blind, is not a reliable indicator of anything, really.  Without actual details, it's just speculation.  The OP has provided enough details to give me confidence they'll have no issue.

 

[SalishSea 17,818]

"Assets" is vague enough to create confusion in anecdotes.  

 

A house that you plan to live in with the intending immigrant is an asset, but differently so than investments that generate an income akin to a salary.

[pushbrk 12,876]

5 hours ago, SalishSea said:

"Assets" is vague enough to create confusion in anecdotes.  

 

A house that you plan to live in with the intending immigrant is an asset, but differently so than investments that generate an income akin to a salary.

Those who are confused about the difference have not become A-Students of the I-864 instructions, OR instead of interpreting literally, they interpret "hopefully" or "conveniently".  This is where I see most problems beginning, whether it be assets or income.  Also the confusion between business revenue, and "income".  The OP has it covered quite well.

[JeanneAdil 6,491]

On 11/18/2024 at 7:11 PM, Larry207 said:

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.

most of us have health care but u need to  show u can add the bene or provide a policy for her

[JeanneAdil 6,491]

you ask why and all we know is its a determination of the interviewing CO

others will ask "why is my spouse visa denied when we have been married several years?"

"why is my joint sponsor not accepted when they own a properous business ?"

"why is my AP so long?"

"Why do i have to make so many trips and prove all this 'quality' face time when others meet only 1 time for a 2 week visit OR like on a popular program the man spent only for 8 hours to file?"

 

its a CO decision and just that /  its from their training and what they look for 

what the petitioner thinks of as assets may not be as liquid as the person believes / we use to not be able to use main home 

it may be that the relationship itself is not strong 

and it may be that the bene can not explain "these assets "  showing poor communications between petition and bene

it may be because the interest on savings is not going up as fast as cost of living and  although our annunitys and IRA's looked good when we bought them,  they are not keeping up with changes in economy

[pushbrk 12,876]

My advice to the OP, is to update the I-864 before the interview.  Maybe not necessary, but it's near the end of the year.  Make a big enough withdrawal before the end of the year to show income over the threshold for 2024.  Put a letter of explanation as part of your evidence. It can be in the same PDF as the most recent account statement.  Explain your assets are more than sufficient to support your intended lifestyle in the USA.  They can see a man over the age to make non-penalized withdrawals from an IRA, can live well on the amount shown on the statement.  Consular Officers are not stupid.  They know simple arithmetic.

[Larry207 9]

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.

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

[Larry207 9]

21 hours ago, pushbrk said:

And in the OP's case, that should be no problem at all.  I still think it's not accurate to say the IV unit in Manila doesn't like the profile of living off assets in the Philippines.  They want to understand how how the couple or family is going to support themselves in the USA.  An IRA with a balance that is still increasing more each year than projected living expenses, is easy to illustrate.

Information posted on Facebook groups and discussed by folks who are blind leading blind, is not a reliable indicator of anything, really.  Without actual details, it's just speculation.  The OP has provided enough details to give me confidence they'll have no issue.

 

I'm not withdrawing from my IRA yet. I have an individual brokerage account that deposits a certain amount of cash into my checking account. Since I'm spending less than the tax threshold, my form 1040 income appears low. That's how inexpensive it is to live in the Philippines.

[Larry207 9]

10 hours ago, JeanneAdil said:

most of us have health care but u need to  show u can add the bene or provide a policy for her

It's easy to add a spouse to my health insurance once I enter the United States. I just go to the "life changes" section and add the spouse.

[pushbrk 12,876]

3 minutes ago, Larry207 said:

I'm not withdrawing from my IRA yet. I have an individual brokerage account that deposits a certain amount of cash into my checking account. Since I'm spending less than the tax threshold, my form 1040 income appears low. That's how inexpensive it is to live in the Philippines.

So, explain things the way they are, when the time comes.  You can also upload the SS statement that says what your benefit will be when you become eligible. It's all part of the picture.  (Totality of Circumstances)

[Larry207 9]

10 hours ago, JeanneAdil said:

you ask why and all we know is its a determination of the interviewing CO

others will ask "why is my spouse visa denied when we have been married several years?"

"why is my joint sponsor not accepted when they own a properous business ?"

"why is my AP so long?"

"Why do i have to make so many trips and prove all this 'quality' face time when others meet only 1 time for a 2 week visit OR like on a popular program the man spent only for 8 hours to file?"

 

its a CO decision and just that /  its from their training and what they look for 

what the petitioner thinks of as assets may not be as liquid as the person believes / we use to not be able to use main home 

it may be that the relationship itself is not strong 

and it may be that the bene can not explain "these assets "  showing poor communications between petition and bene

it may be because the interest on savings is not going up as fast as cost of living and  although our annunitys and IRA's looked good when we bought them,  they are not keeping up with changes in economy

My assets are cash and are very liquid. So liquid that I can withdrawal them from the ATM. Your right, interest only will not go up as fast as the cost of living. That's why people use a managed brokerage account with a diverse portfolio.

[Larry207 9]

4 hours ago, pushbrk said:

My advice to the OP, is to update the I-864 before the interview.  Maybe not necessary, but it's near the end of the year.  Make a big enough withdrawal before the end of the year to show income over the threshold for 2024.  Put a letter of explanation as part of your evidence. It can be in the same PDF as the most recent account statement.  Explain your assets are more than sufficient to support your intended lifestyle in the USA.  They can see a man over the age to make non-penalized withdrawals from an IRA, can live well on the amount shown on the statement.  Consular Officers are not stupid.  They know simple arithmetic.

That's a good alternative if it comes to that. My IRA is a conventional pre tax IRA, not a Roth. I only hesitate to make a large withdrawal due to taxes. Thanks for the suggestion. 

[pushbrk 12,876]

6 minutes ago, Larry207 said:

That's a good alternative if it comes to that. My IRA is a conventional pre tax IRA, not a Roth. I only hesitate to make a large withdrawal due to taxes. Thanks for the suggestion. 

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.