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US Immigration from Australia





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RFE - immigrating spouse using their assets which Form? I-864 or I-864A???
11:03 am December 1, 2022

ElliLam

ElliLam

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12 Replies



We received the dreaded RFE - This case does not meet the minimum income requirement to sponsor the intending immigrants at NVC stage.

After researching, it seems the intending immigrant spouse can use their assets to make up the financial shortfall. Which form is the way to do this, do we have to resubmit the I-864 with the additional information at or does the intending immigrant who is the spouse of the petitioner able to be added as a household member therefore file a I-864A????

I don't know which way to go so I thought i'd ask here. The NVC portal does not have the option to re-submit a new updated I-864, it only has options for add a joint sponsor or add a household member. The Travel state website says you can

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.

but the I-864A instructions say

Item Numbers 3.a. - 3.d. Assets. Complete this item only if the sponsor is using the value of your assets to help meet the requirements of the affidavit of support. If you are using only your income to help the sponsor meet the requirements, do not complete this item.

If you are the intending immigrant and have no accompanying dependents, then do not list your assets on this contract. Instead, you must list your assets in Part 7., Item Numbers 6. - 10. of the Form I-864 and do not need to complete this form.

Confused, would appreciate any suggestions :)



 
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Change in petitioner employment; income from rental property
4:04 am November 21, 2022

Mel&matt



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3 Replies



My fiance had two part time jobs when he filed our I-129f in January this year. He also listed his third source of income, which is leasing out properties he owns.

Since then, one of his jobs let him go and he quit the other last month. His income from the rental properties is more than we require for 125% of the poverty line - but only slightly over.

When he fills out the next form, his change of employment will obviously have to be addressed, and his bank statements will show his rental income.

He put his rental income on I-129f as an employer, as he manages them himself through an LLC. Does he need to write himself a letter of employment as he obtains income through this or does he just rely on bank statements and tax?

When it comes to his assets, should he list his properties he leases or is it best not to count them because they are where his income comes from?

We will not be living in a property that he owns when I move over there. We will continue to live on his family's property.



 
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Poverty Level and Family number - 3 petitions
2:13 pm November 12, 2022

Sukie



Read 378 Times
4 Replies



Helping a friend here...

US Citizen is petitioning for her husband, her mother and her father. US Citizen lives with husband (do not know his exact status, but he may be on a business visa...) and their 1-year old daughter here in the US. Mom and Dad will be immigrating from another country.

She needs to prove 125% of Poverty Level for a family of five, correct? She wasn't sure if she needed income for five once, or, since she is sponsoring three people, she needs income for five 3 times. Pretty sure it's just once, but wanted to make sure before I replied to her. She's dealing with an RFE, and I am trying to guide her as to her response.

Sorry if it seems a stupid question, but it isn't something that came up during our own journey...

Sukie in NY



 
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Changing Consulate to London for CR-1/IR-1
4:00 am October 25, 2022

JedMills



Read 1135 Times
6 Replies



Just wondering if anyone has recently changed their originally designated consulate to London recently for CR-1/IR-1 processing?

I'm a British citizen, but currently reside in Australia. The projected DQ to interview timeframe at the Sydney Consulate is 8-10 months, so if there's an opportunity to shorten this timeframe I'd be interested in reducing it.



 
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problem trying to certify for IDR again
3:59 am October 6, 2022

quinnscribe

Quinnscribe

Read 578 Times
2 Replies



I ran into a problem today when I was trying to certify my income for IDR again... because I marked down I was married (since I'm married now, even though I wasn't in 2021), it told me it needed spousal info. Specifically it said :

Quote

Your electronic Income-Driven Repayment Plan Request is awaiting completion by your spouse.

To complete this request, your spouse must log in to StudentAid.gov using their FSA ID.

Your spouse will need:

The reference number listed below and
YOUR social security number (SSN) to access and cosign the request.
The reference number will also be included in an email we will send to you.

Your spouse must enter the requested information, sign and submit to complete this request. Your spouse is not obligated to repay your loan by cosigning the IDR application.

But he can't make an FSA ID because there's no way to do it without an SSN, and he doesn't have an SSN yet because we'd checked the "Get us an SSN with this filing" when doing the 485/etc.

Has anyone run into this before and do they have suggestions? I will try directly calling my servicer MOHELA about this, but the problem is that MOHELA seems to want the info direct from the studentaid.gov DOE site and that's the one blocking it.



 
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