221g with substantial assets

[Larry and Marides 10]

Hello, my spouse received a 221 g for my low income. I'm retired and have well over the minimum amount of 125% of the poverty level. They are cash assets in the bank. It's as if the consular officer in Manila didn't look at any of my bank account statement. I submitted 12 months. I have a brokerage account and an IRA. 

I'm retired and I don't have any joint sponsers. I don't need any because I qualify to use assets based on the policy.

The consular absolutely refused to look at the financial docs that my spouse brought.

Edited yesterday at 06:51 AM by Larry and Marides
Typo

[Boiler 45,993]

Well it seems you do need a joint sponsor

[Larry and Marides 10]

Why?  Your answer isn't very productive. The policy states 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 
18 years of age or older, the total value of your assets must only be equal to at least three times the difference. 

My liquid cash assets qualify. Cash assets are actually better than a job with income because one can just quit or get laid off

Edited 18 hours ago by Larry and Marides

[Boiler 45,993]

How do you intend to respond to the 221g?

 

they have the keys to the kingdom.

[Larry and Marides 10]

2 hours ago, Boiler said:

Well it seems you do need a joint sponsor

 

1 minute ago, Boiler said:

How do you intend to respond to the 221g?

 

they have the keys to the kingdom.

 

2 minutes ago, Boiler said:

How do you intend to respond to the 221g?

 

they have the keys to the kingdom.

I'm going to take huge withdrawals from my IRA so it appears as income on my tax return 

[Emat 1]

In your i864, are the last three years incomes in your tax transcripts above 125% of poverty guideline for each of the three years?

[Larry and Marides 10]

1 minute ago, Emat said:

In your i864, are the last three years incomes in your tax transcripts above 125% of poverty guideline for each of the three years?

No, but my assets qualify as per policy. Unfortunately they don't follow policy.

[WoodlandsFamily 14]

Pardon me for asking, but perhaps they worry that you will have to support yourself and her on your retirement pension? Is there an age gap? Will she be working or retired too? Just thinking perhaps there was more to the reason for the 221g especially as you say they didn't look at the financial paperwork at all. Not meaning to offend just wondering.

[Family 4,174]

2 minutes ago, Larry and Marides said:

No, but my assets qualify as per policy. Unfortunately they don't follow policy.

Contact your congressman and ask for help. The Consulate must accept assets as you have described. 
 

Under no circumstances withdraw from retirement to simulate income, it won’t help . 
Stick to your guns, you will win this…and take over communication/follow up from you wife..YOU email /call consulate 

[carmel34 3,654]

7 hours ago, Larry and Marides said:

I qualify to use assets based on the policy.

The I-864 and financial documents attached are used by the CO to make a judgment based on the unique circumstances of the case.  There is no requirement or policy that they absolutely have to accept assets in lieu of regular income, they are merely guidelines.  The final decision rests with the CO.  The path forward most likely to succeed is to get a qualified joint sponsor.

[SalishSea 18,117]

4 hours ago, Larry and Marides said:

No, but my assets qualify as per policy. Unfortunately they don't follow policy.

I think you misunderstand this process.  It is discretionary to the consulate, and based on the totality of circumstances, not just on numbers on paper.  Apparently they think your beneficiary is likely to become a public charge.  Your options are: joint sponsor or qualifying income.

[SteveInBostonI130 3,483]

5 hours ago, Larry and Marides said:

Why?  Your answer isn't very productive. The policy states 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 
18 years of age or older, the total value of your assets must only be equal to at least three times the difference. 

My liquid cash assets qualify. Cash assets are actually better than a job with income because one can just quit or get laid off

 

Those are not qualification absolutes. The consular officer has the discretion to determine if you qualify or not.  Also, as this is the Philippines, they have experience with situations like yours (retired petitioner) and have their own guidelines.

 

In the end, it is your case and up to you on how to handle it.  You can contact your congressman, get an attorney, make significant financial decisions, etc.  Or follow the directions on the 221g, which is typically to get a joint sponsor.  One of these paths is faster and cheaper. 

[pushbrk 13,087]

6 hours ago, Larry and Marides said:

No, but my assets qualify as per policy. Unfortunately they don't follow policy.

You have a brokerage account and an IRA.  How old are you?  How many times the income requirement do you have in liquid assets?  Enough means well over three times the assets, as the income shortfall.  Please provide more details before concluding your assets are being ignored, or that the Consular Officer is not following policy.  If you DO have well over the income shortfall in liquid assets, you can explain and appeal.  If you don't, you need a joint sponsor.  Details matter.  If you are under the age to make tax free withdrawals from your IRA or 401k accounts, those cannot be considered at full value, do to early withdrawal penalties.

 

Sure, the easy solution is a joint sponsor, but details matter.

[Larry and Marides 10]

2 hours ago, SalishSea said:

I think you misunderstand this process.  It is discretionary to the consulate, and based on the totality of circumstances, not just on numbers on paper.  Apparently they think your beneficiary is likely to become a public charge.  Your options are: joint sponsor or qualifying income.

Hello. I definitely have enough liquid assets to last me over 20 years if they never earned another penny in interest. This particular consular did not even look at the assets. All assets are joint accounts, so she will never be a public charge.

[Larry and Marides 10]

42 minutes ago, pushbrk said:

You have a brokerage account and an IRA.  How old are you?  How many times the income requirement do you have in liquid assets?  Enough means well over three times the assets, as the income shortfall.  Please provide more details before concluding your assets are being ignored, or that the Consular Officer is not following policy.  If you DO have well over the income shortfall in liquid assets, you can explain and appeal.  If you don't, you need a joint sponsor.  Details matter.  If you are under the age to make tax free withdrawals from your IRA or 401k accounts, those cannot be considered at full value, do to early withdrawal penalties.

 

Sure, the easy solution is a joint sponsor, but details matter.

Hello, I have over 30 times the difference total in liquid assets and all accounts are are joint. All liquid assets are earnings dividends.