Please help!! My parents' GC interview was scheduled, but I'm really worried about the Affidavit of Support

[Familiar-truck 0]

Hi everyone, I am a US citizen, and I have applied for a green card for my parents. They have just been scheduled for their interview in the country they are from for January 2025. On the I-864A form we used US "Assets" because my husband and I were unemployed in 2023, so we filled zero income in our 2023 tax return, so we used the cash equality of our home (assessed value minus mortgage debt) which is higher than the minimum required for this case. But we got a response from the NVC saying that my parents were "DOCUMENTARILY QUALIFIED" but the income reported on I-864 form "is insufficient to overcome the public charge grounds of inadmissibility for visa issuance" and they said that "an additional Affidavit of support, Form I-864 from a joint sponsor may be submitted". We have absolutely no one to ask for this favor so I am very worried if they will accept our house Assets? or if my parents GC will be rejected? What can we do? My husband got a remote job and gets paid in another country abroad, so we could submit his 2024 pay stubs but they are from the US, they are from another country. My parents have money in an American bank but is not enough to gather the minimum required cash amount for a family of 4 which I was told is 130K USD. Could we submit my parents' assets in their home country? they are wealthy, have several properties, businesses, money in the bank and they will never really need any financial support. Please tell me what can I do. would really appreciate your help.

 

 

[OldUser 6,714]

20 hours ago, Familiar-truck said:

Hi everyone, I am a US citizen, and I have applied for a green card for my parents. They have just been scheduled for their interview in the country they are from for January 2025. On the I-864A form we used US "Assets" because my husband and I were unemployed in 2023, so we filled zero income in our 2023 tax return, so we used the cash equality of our home (assessed value minus mortgage debt) which is higher than the minimum required for this case. But we got a response from the NVC saying that my parents were "DOCUMENTARILY QUALIFIED" but the income reported on I-864 form "is insufficient to overcome the public charge grounds of inadmissibility for visa issuance" and they said that "an additional Affidavit of support, Form I-864 from a joint sponsor may be submitted". We have absolutely no one to ask for this favor so I am very worried if they will accept our house Assets? or if my parents GC will be rejected? What can we do? My husband got a remote job and gets paid in another country abroad, so we could submit his 2024 pay stubs but they are from the US, they are from another country. My parents have money in an American bank but is not enough to gather the minimum required cash amount for a family of 4 which I was told is 130K USD. Could we submit my parents' assets in their home country? they are wealthy, have several properties, businesses, money in the bank and they will never really need any financial support. Please tell me what can I do. would really appreciate your help.

 

 

Seems like the only way forward is either joint sponsor or wait until you qualify. 

[MSSF 7]

Yes, principal applicant can use their assets. Why you didn’t write them when u filled i864? 

[OldUser 6,714]

2 hours ago, MSSF said:

Yes, principal applicant can use their assets. Why you didn’t write them when u filled i864? 

But OPs principal applicant is not the one with assets, it's their parents. Assets are hit or miss and it depends whether they're liquid and there's enough.

[MSSF 7]

3 hours ago, OldUser said:

But OPs principal applicant is not the one with assets, it's their parents. Assets are hit or miss and it depends whether they're liquid and there's enough.

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#:~:text=actual household income.-,What can be used as assets%3F,%2C stocks%2C bonds and property.

[MSSF 7]

I believe parents r the principal applicant

[OldUser 6,714]

3 minutes ago, MSSF said:

I believe parents r the principal applicant

How so? It's not the parents but US citizen spouse petitioning a foreigner.

US citizen spouse will always be the principal applicant on I-864 and their parents can be joint sponsors.

 

[MSSF 7]

9 hours ago, OldUser said:

How so? It's not the parents but US citizen spouse petitioning a foreigner.

US citizen spouse will always be the principal applicant on I-864 and their parents can be joint sponsors.

 

Principal applicant is the intending immigrant who is suppose to come, above post shows they applied for parents greencard. Means they r principal applicant n can use their assets on i864

[MSSF 7]

Us citizen petitioning is the petitioner

[SalishSea 17,839]

Problematic to use equity in your primary residence, as you can't both house immigrants and use the value of that house to support them.   I wouldn't be surprised if the consulate asks for another joint sponsor. @pushbrk

[pushbrk 12,898]

First, let's clear up what is meant by "Principal Applicant".  US Citizens are "Petitioners", never applicant's or principal applicants.  Each parent is a "principal applicant".  Second, equity in the primary residence is not considered to liquid.  This is made very clear in the I-864 instructions.  

 

Third, really should be first.  The petitioner is not applying for anything (said that already) and his parents are not applying for green cards.  They are applying for immigrant visas.  Yes, their wealth can be documented and stated.  The I-864 instructions describe how to do this.  Become an A-Student of those instructions.  Not having done so already is why you are in this pickle.  Just meeting the minimum for assets will never work, no matter how liquid they are.  If you're not well over that amount using the immigrant's assets, you'll need a joint sponsor.

 

[Familiar-truck 0]

On 11/20/2024 at 9:49 AM, OldUser said:

Seems like the only way forward is either joint sponsor or wait until you qualify. 

Hello, thank you so much for your reply! What do you mean by "wait until you qualify" could they put on hold my parent's case until I get a job and qualify? or If at the interview we don't meet the requirements they will reject our case and, in the future, when I qualify, will we have to do everything again? 

[OldUser 6,714]

3 minutes ago, Familiar-truck said:

Hello, thank you so much for your reply! What do you mean by "wait until you qualify" could they put on hold my parent's case until I get a job and qualify? or If at the interview we don't meet the requirements they will reject our case and, in the future, when I qualify, will we have to do everything again? 

You can delay the case:

 

 

 

 

[Familiar-truck 0]

On 11/21/2024 at 2:10 PM, MSSF said:

Yes, principal applicant can use their assets. Why didn’t you write them when u filled i864? 

Hi, thank you so much for your answer! That is a good question! the thing is, we hired an immigration lawyer and his paralegal, and I asked them to use my parents assets, and my husband pay stubs from other country, and they told me we cannot use my parents' assets (properties, investments, money in the bank, their company profits, etc.) or my husband's salary because all of them are in a foreign country, and only assets in the US are accepted. So, in the I864 they only used my house because that is the only asset we have here in the US.

 

[Familiar-truck 0]

13 minutes ago, OldUser said:

You can delay the case:

 

 

it is too late in our case!! I read the attached and it says: "After your case goes to the embassy, this no longer applies". My parent's case is at the embassy. They have already been given an appointment for their interview at the beginning of January.