Larry and Marides

How would one satisfy the I 864?

Same subject? Really? Oh, I didn’t realize retirement status and taxable income strategies were interchangeable now. I must’ve missed the memo where cash in an IRA became the same as rental income. Maybe I’ll also submit a letter to the consulate asking them to treat apples like oranges while we’re at it. The two statements present different situations. Post 1: Focus: Primarily on the consular officer's refusal to consider the applicant's assets, specifically cash in a bank account, brokerage account, and IRA. Income: Mentions being retired and having income exceeding 125% of the poverty level. Sponsorship: Emphasizes that the applicant doesn't need a joint sponsor due to their financial resources. Timeline: States the applicant submitted 12 months of bank statements. Post 2: Focus: More on the applicant's 2024 income, particularly dividends and rental income, exceeding the poverty level. Income: Highlights the applicant's 2023 taxable income and the expectation of a higher 2024 income. Sponsorship: Explicitly mentions the 221g requesting a joint sponsor despite the applicant's assets. Timeline: States the applicant submitted 2024 bank statements and a letter explaining their financial situation. Uncertainty: Expresses confusion about whether to submit bank statements or tax transcripts in response to the 221g. Key Differences: Income Focus: Statement 1 emphasizes general income exceeding the poverty level, while Statement 2 focuses on specific income sources (dividends, rental income) and their increase in 2024. Timeline: Statement 1 mentions 12 months of bank statements, while Statement 2 focuses on 2024 bank statements. Specificity: Statement 2 provides more details about the applicant's financial situation, including the amount of assets and specific income figures. Uncertainty: Statement 2 specifically addresses the question of whether to submit bank statements or tax transcripts. In Summary: Both statements describe situations where the consular officer appears to have overlooked the applicant's financial resources. However, Statement 2 provides more specific information about the applicant's income, assets, and the timeline of events.

Different subject. The new question is: "Since my 2024 taxable income is now higher do I respond to the 221g with my bank statements showing higher dividend income again for proof of income or do I need to wait for my official 2024 tax transcripts and submit those in response of the 221g?"

My wife received a 221g due to low taxable income for 2023. The 221g letter is requesting a joint sponsor because the CO didn't bother looking at my assets. These liquid assets are 30++ times over the, poverty level. I have reviewed all my dividends that my assets have generated in 2024 and they are significantly higher than the $25,550 poverty level due to the record high stock market levels. I submitted bank statements from 2024, Is it possible that the CO didn't read the complicated brokerage statements or my higher rent collection from a rental home I own for the year 2024? Do they even look at the bank statements in CEAC? All was documented. I even included a letter with a simplified letter explaining my assets and dividends. I also included my increased rental income. The CO didn't ask any financial questions. I have read other people's stories. They state the CO says will ask about assets. This CO didn't. Since my 2024 taxable income is now higher do I respond to the 221g with my bank statements showing higher dividend income again for proof of income or do I need to wait for my official 2024 tax transcripts and submit those in response of the 221g?

All documents were uploaded to CEAC. If these documents were never uploaded DQ would be impossible and an interview wouldn't have been scheduled.

Hello thank you for your reply. AOS was submitted in September 2024 on CEAC. Interview was Jan 2025. Assets were documented as follows. 12 month of IRA, bank account and brokerage accounts statements. Official letter from the bank and brokerage accounts stating average balances for the past 10 years, proving the history of my balances. Official appraisal of my house and title and deed showing the house is owned clear with no mortgage. He stated I'm below the poverty level based on taxable income reported on 1040. 221g immediately issues without asking financial follow up questions.

My wife got a 221g for my low income stated on the tax form. My liquid assets are significantly higher than the poverty. I don't understand why the Filipino Consular officer at window 60 at the Manila Embassy absolutely refused to look at the financial documents. He didn't even ask about assets. His attitude really changed when he asked the question "where is your husband" and my wife told him that I am here, temporarily living in the Philippines for the long visa process. He immediately issues a 221g claiming I'm under the poverty level. My wife tried to show him all my asset financial documents, but he put his hands up and cut her off. Why does the issue of a 221g depend on the mood and personality of the Consular officer. The Manila embassy isn't private. My wife said you can overhear the other interview conversations. She reported that the person at the adjacent window had the same situation, assets only. The Consular officer asked all the financial question at the next window and got approved.

Thanks again for your positive thoughtful answers. I will provide a letter with an explanation of my assets. All evidence is in CEAC. Here is a rough draft. In your opinion is this what they would look for? All this information is already in CEAC. I am the petitioning sponsor and husband of visa applicant xxxxx. I am writing to provide additional information regarding my financial situation as stated on the NVC Form I-864. As you may have noticed, my tax return income falls short of the required minimum level of $25,550. However, my assets can comfortably support my spouse and I. These assets were obtained from employment IRA, 401K and a 403b pension accounts and the sale of my second home. The combined value of my assets totals $x,xxx,xxx which is more than the required minimum amount of assets required. While I anticipate receiving additional income of $1986 per month from Social Security starting in August 2025, my assets provide the primary financial support for my spouse and I until I start receiving Social Security in July 2025. A Brokerage IRA account# : Balance B Brokerage account# Balance C Managed Brokerage account# Balance D Money Market account# Balance E Checking account # x Balance E Bank Checking account #x Balance Real Estate: Located at xxxxxxx, with a appraisal tax value of xxx,xxx. This house is paid for with no mortgages and the Deed is available on CEAC. My assets are highly liquid and can be withdrawn at any time. All this information is available on CEAC Thank you for your time and consideration.

The poster was referring to my case. You provided a lot of information and I followed all your excellent advice. Yet the consular officer ignored all my assets and didn't even look at them. All documents were loaded into CEAC. I have over 50 times the required shortfall in liquid brokerage accounts and in an IRA. My income looks low because I'm supporting my self with a cash account. Withdrawals of cash from a bank account don't show up as income. I don't want to touch my IRA or stock accounts yet I have provided 12 months of statements from all accounts. I provided average balance statements from the accounts for the past 10 years. Also provided was the funding sources and history over the years. In addition to my assets I also own my house free and clear with deed and title. A professional appraisal was provided. I absolutely believe he ignored my assets. I-864 Part 7. Use of Assets to Supplement Income. Has a statement for USCIS USE ONLY. It indicates "The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the poverty guidelines and the sponsor's household income, line 10 At no time did the consular office discuss assets, and when my wife tried to present the paper copies, he absolutely refused to look at them. His screen was at an angle. My wife stated he only looked at the tax transcript and nothing else. He stated that I'm below poverty level because my tax statement show taxable income of $14,955. Here is the screenshot with that statement. He clearly ignored line 10

Please don't suggest joint sponsors. I don't have anyone who is interested in being a joint sponsor. They don't want the responsibility and they don't want the government involved with their assets. I don't blame them because I would never be a joint sponsor either. I learned my lesson years ago when I cosign on a loan. Never be a joint or cosigner for anything because I ended up having to pay off that loan.

I don't have a any joint sponsors available. I retired a little early. People don't want the responsibility of a joint sponsor. Plus they don't want the government involvement with their assets.

Thank you very much for your reply

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

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.

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

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

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

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.

I've been reading your posts. Why can't they all follow the policy. They should replace all the consuls with Artificial Intelligence. Even ChatGPT and Google Gemini know the answer.

You are your best qualified person for the job. It all can be completed online and since your personally involved, it gets done quicker. Easy step by step instructions are here. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

How many months have you been waiting? Mine I-130 petition took 14 months. The celebration ended quickly when I found out that the visa interview wait iat the U.S. Embassy in Manila will take an additional 12 months. So now I am 17 months into the overall process.

I think I found out the reason why some people are rejected with assets. I found their manual online. I believe the officer didn't read the whole section of the manual. I have posted some excerpts below. I think the officer stops reading the manual when he comes to this section: (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant ***will require a joint sponsor*** The officer isn't reading the entire document in my opinion. The document section is long. I only posted excerpts. If the officer keeps reading he would come to this section regarding assets. (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), and/or the assets of any household members signing Form I-864A, as income to make up any shortfall toward meeting the Federal poverty guidelines. The assets (including bank accounts, stock, other personal property, and real estate) must be available in the United States for the applicant's support and must be readily convertible to cash within one year. In most cases, the sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, ownership and value of each asset listed, including liens and liabilities for each asset listed. The combined cash value of all the assets (i.e., the total value of the assets less any offsetting liabilities) must total at least five times the difference between the total household income and the minimum Federal poverty income requirement. (3) (U) Sponsors of immediate relative spouses and children of U.S. citizens, including Hague Convention adoptees who will not immediately acquire citizenship after admission to the United States, however, must only show combined cash value of assets in the amount of three times the difference between the actual household income and the minimum Federal poverty income requirement. In addition, sponsors of orphan applicants who will acquire citizenship after admission to the United States based upon either adoption in the United States after admission, or formal recognition of a foreign adoption under the law of the State of proposed residence, need only prove a combined cash value of assets in the amount of the difference between actual household income and the minimum Federal poverty income requirement. Here is an excerpt direct from the manual. Or read it all here https://fam.state.gov/fam/09FAM/09FAM030208.html#M302_8_2_B_29 FAM 601.14-5 SPONSORS (CT:VISA-1542; 05-12-2022) a. In General: 1) To qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) whos (a) Is a citizen, national, or LPR of the United States (including conditional residents); (b) Is at least 18 years of age; (c) Filed the petition which forms the basis for the visa application (or has a substantial interest in the entity which filed the petition); and (d) Is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States. See 9 FAM 601.14-7 below. (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint sponsor d. Additional Assets Evidence: (1) The Form I-864 does not require sponsors to submit evidence of assets, if income alone is sufficient to meet the minimum Federal poverty guidelines income requirement described in paragraph a(2) above. The mere fact that the petitioner and/or sponsor have met the minimum requirement, however, does not preclude a finding of ineligibility under INA 212(a)(4). You may request evidence of assets and liabilities, if such information is necessary to determine the applicant's eligibility. If a sponsor or joint sponsor uses assets to prove the ability to support the sponsored immigrant, they may not use the Form I-864EZ. (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), and/or the assets of any household members signing Form I-864A, as income to make up any shortfall toward meeting the Federal poverty guidelines. The assets (including bank accounts, stock, other personal property, and real estate) must be available in the United States for the applicant's support and must be readily convertible to cash within one year. In most cases, the sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, ownership and value of each asset listed, including liens and liabilities for each asset listed. The combined cash value of all the assets (i.e., the total value of the assets less any offsetting liabilities) must total at least five times the difference between the total household income and the minimum Federal poverty income requirement. (3) (U) Sponsors of immediate relative spouses and children of U.S. citizens, including Hague Convention adoptees who will not immediately acquire citizenship after admission to the United States, however, must only show combined cash value of assets in the amount of three times the difference between the actual household income and the minimum Federal poverty income requirement. In addition, sponsors of orphan applicants who will acquire citizenship after admission to the United States based upon either adoption in the United States after admission, or formal recognition of a foreign adoption under the law of the State of proposed residence, need only prove a combined cash value of assets in the amount of the difference between actual household income and the minimum Federal poverty income requirement. art 7 of Form I-864: Use of Assets to Supplement Sponsor’s Income: (1) If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, they may show evidence of assets owned by the sponsor and/or members of the sponsor’s household that are available to support the sponsored immigrant(s) and can be readily converted into cash within 1 year. (2) For assets of the intending immigrant and/or household member to be considered, the household member must complete and sign Form I-864A. (3) You should check to make sure that the Form I-864A is completed and signed by the sponsor and the household member. (4) Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. See 9 FAM 601.14-6 above.

If the rules are stated that assets can be used instead of income, why do they give people such a hard time? Why don't they just delete the asset requirements.

Your case didn't disappear. USCIS often goes website maintenance on the weekends.