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

[Familiar-truck 0]

On 11/21/2024 at 4:57 PM, 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.

the principal immigrant/principal applicant are my parents, and they do have assets but, in another country, not in the US.  

[Familiar-truck 0]

20 hours ago, MSSF said:

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.

thank you

20 hours ago, MSSF said:

I believe parents r the principal applicant

yes they are

[Familiar-truck 0]

20 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.

 

I am the US citizen, and I am a petitioner for my parents. 

[Familiar-truck 0]

11 hours ago, MSSF said:

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

thank you for your answer! I asked again to the immigration lawyer, and their answer was:  "We cannot provide a definitive answer because it will ultimately be up to the consular officer. They should bring documentation regarding their properties and investments, as well as your husband's recent pay stubs, and allow the consular officer to make a decision". I really don't know what to think! if this has to be on the I864 or if it is enough as they say to bring the supporting documentation the day of the interview without presenting anything beforehand.

11 hours ago, MSSF said:

Us citizen petitioning is the petitioner

yes, I am the us citizen and the petitioner

[Familiar-truck 0]

6 hours ago, SalishSea said:

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

 

That's the last thing we want. We really don't have anyone to ask for that. And I think even if we did, my parents wouldn't want to put anyone outside into the position of signing anything to take responsibility for them.

 

[Familiar-truck 0]

3 hours ago, pushbrk said:

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.

 

Thank you so much for your answer!! Understood who is who in process. About this: "equity in the primary residence is not considered to liquid.  This is made very clear in the I-864 instructions." I am following your advice, and now I am reading all those instructions. I had not read them before because we hired an immigration lawyer, so I didn't read anything and relied on them. Sorry for asking but where in the instruction does it say that the value of the primary residence is not considered to liquid? I can't find that part; and what do you mean by this: "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." Please excuse my ignorance, but aren't the immigrant visa and green card are the same process?

 

The attorney who filled out the forms didn't want to include my parents' assets or my husband salary and said we cannot use them because are in a foreign country, and only assets in the US are accepted. So, in the I864 they only used my house because it is the only asset we have here in the US. I asked again two days ago and the lastest answer I got from them is this: "We cannot provide a definitive answer because it will ultimately be up to the consular officer. They should bring documentation regarding their properties and investments, as well as your husband's recent pay stubs, and allow the consular officer to make a decision".

 

I really don't know what to do! They don't want to fill out a new I864 form now, and I don't know if waiting until the interview will be too late and my parents could get rejected and lose all the time and money they have spent on this process. 

 

Thank you so much again!!

[pushbrk 12,898]

24 minutes ago, Familiar-truck said:

Thank you so much for your answer!! Understood who is who in process. About this: "equity in the primary residence is not considered to liquid.  This is made very clear in the I-864 instructions." I am following your advice, and now I am reading all those instructions. I had not read them before because we hired an immigration lawyer, so I didn't read anything and relied on them. Sorry for asking but where in the instruction does it say that the value of the primary residence is not considered to liquid? I can't find that part; and what do you mean by this: "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." Please excuse my ignorance, but aren't the immigrant visa and green card are the same process?

 

The attorney who filled out the forms didn't want to include my parents' assets or my husband salary and said we cannot use them because are in a foreign country, and only assets in the US are accepted. So, in the I864 they only used my house because it is the only asset we have here in the US. I asked again two days ago and the lastest answer I got from them is this: "We cannot provide a definitive answer because it will ultimately be up to the consular officer. They should bring documentation regarding their properties and investments, as well as your husband's recent pay stubs, and allow the consular officer to make a decision".

 

I really don't know what to do! They don't want to fill out a new I864 form now, and I don't know if waiting until the interview will be too late and my parents could get rejected and lose all the time and money they have spent on this process. 

 

Thank you so much again!!

If applying for a green card and applying for an immigrant visa were the same thing, I wouldn't have mentioned it.  The I-864 instructions don't specifically say equity in the primary residence is not liquid.  They tell what IS considered liquid.  It's our collective knowledge that tells us equity in the primary residence is not accepted, because it isn't liquid.  Read the definition of what is considered liquid.  Read all of it and interpret it literally, and you'll understand that selling your home and using the equity to support an immigrant "harms the sponsor".  Sounds to me like you hired a lawyer not familiar with family based immigration.

You must become an A-Student of the entire I-864 instructions to understand context, but how to use assets of the intending immigrant are covered on page 10.

[Familiar-truck 0]

26 minutes ago, pushbrk said:

If applying for a green card and applying for an immigrant visa were the same thing, I wouldn't have mentioned it.  The I-864 instructions don't specifically say equity in the primary residence is not liquid.  They tell what IS considered liquid.  It's our collective knowledge that tells us equity in the primary residence is not accepted, because it isn't liquid.  Read the definition of what is considered liquid.  Read all of it and interpret it literally, and you'll understand that selling your home and using the equity to support an immigrant "harms the sponsor".  Sounds to me like you hired a lawyer not familiar with family based immigration.

You must become an A-Student of the entire I-864 instructions to understand context, but how to use assets of the intending immigrant are covered on page 10.

thank you so much again!! I will read the instructions and like you said become an A-student! To be honest I have a hard time understanding these legal issues, that is why we hired someone!  Many thanks

 

 

[pushbrk 12,898]

2 minutes ago, Familiar-truck said:

thank you so much again!! I will read the instructions and like you said become an A-student! To be honest I have a hard time understanding these legal issues, that is why we hired someone!  Many thanks

 

 

A Consular Officer must be convinced your parents will be supported by you or by themselves instead of the American taxpayer.  It seems they are fully able to support themselves, so concentrate on showing that they can, and how they will.

[MSSF 7]

On 11/22/2024 at 8:32 PM, Familiar-truck said:

thank you so much again!! I will read the instructions and like you said become an A-student! To be honest I have a hard time understanding these legal issues, that is why we hired someone!  Many thanks

 

 

As i shared the link earlier, here is the information from state department 

 

“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.”

 

Also….. from instruction of i864

 

 

 

Part 7. Use of Assets to Supplement Income (Optional)

Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annua Household Income (indicated in Part 6., Item Number 15. is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated in Part

5., Item Number 8.), you do not need to complete Part 7. 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.

Item Numbers 1. - 4. Assets. To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit coresponding eviden with this afide it. Supporting evidence must beatached to establish location, ownership, date of Item Numbers 5.a. - 5.b. Household Member's Assets. To use the assets of a relative (spouse, adult son or daughter, parent, or sibling), the relative must reside with you and have completed Form I-864A with accompanying evidence of assets. Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.

501-8041rucOn2022

Page 9 of 17

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit.

Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant's assets.

Item Number 10. 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.

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000.

In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

 

 

 

 

[Larry and Marides 10]

On 11/20/2024 at 11:49 PM, OldUser said:

 

 

Edited Monday at 01:23 AM by Larry207