Using Assets to Meet IR1 Sponsorship Requirements

[John&Jojo 1]

Hello all,

 

I have been working my way through the immigration process with my wife, and we are quickly approaching her interview date at the Guangzhou consulate in China. I am confident in all aspects of our case, except for the financial sponsorship area. Specifically, I am wondering about the breadth of discretion given to interview officers at the consulate regarding consideration of assets.

 

I am well aware of the calculation, 3x the minimum income requirement when using assets. For us, that comes to about $61,000. I have only $1,200 in income over the last year, due to being a full time law student. I do however have cash assets of roughly $75,000. These assets are fully liquid and sitting in a pair of savings account that can be accessed at any time. Per the i864 requirements, this amount meets and exceeds the asked for amount. I unfortunately am not able to obtain a joint sponsor. I am wondering what sort of discretion the consulate officer has in determining if the assets are adequate? I have seen many posts about the consulate "wanting for applicants to be 'well over' the guidelines." However, the USCIS specifies the set amount that I currently exceed. Just because the officers desire applicants to be further over... does this give them valid grounds to deny the application?

 

Basically I am asking: Can the officer reject our case even though we exceed the financial requirement by about $14,000? What sort of discretion do they have on this number?

 

If so, what are my options? I may have to contact my congressperson preemptively about this if I anticipate that it could raise a major problem. Thank you in advance for your insight and guidance in this.

 

[truelove29 218]

This is what I see on USCIS website on how to use assets:

 

"You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over)."

 

 

[truelove29 218]

If I'm reading it correctly, and let me know if I'm wrong, then you would subtract your $1200 from $20,025 (if it's just two in your household), then times that number by 5, which would be $94,125. 

 

 

[mallafri76 1,012]

47 minutes ago, truelove29 said:

If I'm reading it correctly, and let me know if I'm wrong, then you would subtract your $1200 from $20,025 (if it's just two in your household), then times that number by 5, which would be $94,125. 

 

 

It's only three times for a spouse.

 

OP, we used assets alone to meet the I-864 requirements. The CO usually wants to see a little over the threshold, at least a couple of thousand more so if you have $75,000, you're good there.

 

You also need to prove that the assets have been in your possession for at least a year. We did bank statements, stock portfolio analysis and a letter from my bank manager to prove this. 

[truelove29 218]

10 minutes ago, mallafri76 said:

It's only three times for a spouse.

 

OP, we used assets alone to meet the I-864 requirements. The CO usually wants to see a little over the threshold, at least a couple of thousand more so if you have $75,000, you're good there.

 

You also need to prove that the assets have been in your possession for at least a year. We did bank statements, stock portfolio analysis and a letter from my bank manager to prove this. 

Ok, thank you for correcting me. Then I agree that the OP should be good. It's tough knowing that it's up to the discretion of the CO if it's enough...but I would think having $14,000 over should be sufficient...if you have proof that it was in your possession for at least a year.

[NikLR 13,220]

Generally speaking, provide bank statements for the period of time you have been over in cash assets.  

[John&Jojo 1]

3 hours ago, truelove29 said:

Ok, thank you for correcting me. Then I agree that the OP should be good. It's tough knowing that it's up to the discretion of the CO if it's enough...but I would think having $14,000 over should be sufficient...if you have proof that it was in your possession for at least a year.

 

Where does the USCIS say that it must be in your possession for over 1 year? I have not had all of it for over 1 year, but I have seen nothing on the USCIS requirements that state it must be over 1 year.  The NVC/USCIS does not have this as a requirement on any of their documents, just that the flat number is in possession at the time that the i864 is processed as far as I can see. If someone could find where they are getting this one year possession of assets too... please link me or explain.

 

Thanks for the responses, but I don't really think my question has been answered yet. What sort of discretion does the CO have? I certainly meet the USCIS requirement of having assets over the line I need... but do they have discretion on this? I would prefer some sort of link to evidence or anecdotal response if possible. What other people have experienced when using assets. I can't find anything about what sort of discretion the CO has about this number. I really don't care what they "want to see".... just what they can do about it. 

 

Thanks again for the help. 

 

 

[pushbrk 12,111]

6 hours ago, truelove29 said:

This is what I see on USCIS website on how to use assets:

 

"You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over)."

 

 

USCIS doesn't issue visas.  Consular Officers have broad latitude in deciding the public charge issue.  They can and usually do consider the totality of circumstances, so simply meeting the requirements is never a guarantee of a decision in your favor.

[pushbrk 12,111]

6 hours ago, truelove29 said:

If I'm reading it correctly, and let me know if I'm wrong, then you would subtract your $1200 from $20,025 (if it's just two in your household), then times that number by 5, which would be $94,125. 

 

 

You are not.  One does not qualify as sponsor based on year to date or any past year's income or year to date income.  For the spouse of a US citizen, the multiple is 3, not 5.

[John&Jojo 1]

4 minutes ago, pushbrk said:

USCIS doesn't issue visas.  Consular Officers have broad latitude in deciding the public charge issue.  They can and usually do consider the totality of circumstances, so simply meeting the requirements is never a guarantee of a decision in your favor.

What can I do to make a positive decision more likely? Unfortunately getting a joint sponsor is not an option for me at this point?

Would it do any good to preemptively contact my congressperson?

[pushbrk 12,111]

15 hours ago, John&Jojo said:

Hello all,

 

I have been working my way through the immigration process with my wife, and we are quickly approaching her interview date at the Guangzhou consulate in China. I am confident in all aspects of our case, except for the financial sponsorship area. Specifically, I am wondering about the breadth of discretion given to interview officers at the consulate regarding consideration of assets.

 

I am well aware of the calculation, 3x the minimum income requirement when using assets. For us, that comes to about $61,000. I have only $1,200 in income over the last year, due to being a full time law student. I do however have cash assets of roughly $75,000. These assets are fully liquid and sitting in a pair of savings account that can be accessed at any time. Per the i864 requirements, this amount meets and exceeds the asked for amount. I unfortunately am not able to obtain a joint sponsor. I am wondering what sort of discretion the consulate officer has in determining if the assets are adequate? I have seen many posts about the consulate "wanting for applicants to be 'well over' the guidelines." However, the USCIS specifies the set amount that I currently exceed. Just because the officers desire applicants to be further over... does this give them valid grounds to deny the application?

 

Basically I am asking: Can the officer reject our case even though we exceed the financial requirement by about $14,000? What sort of discretion do they have on this number?

 

If so, what are my options? I may have to contact my congressperson preemptively about this if I anticipate that it could raise a major problem. Thank you in advance for your insight and guidance in this.

 

They have broad discretion and consider the totality of circumstances, not just the numbers on a form.  Your only option, if denied on public charge grounds is to provide an affidavit of support from a qualified joint sponsor.  Having graduated from college and being in law school is a positive in your favor in regards to "totality of circumstances".

 

Make certain you provide enough statements to show this money has been in your account(s) for at least six months.  The longer, the better.

[pushbrk 12,111]

1 minute ago, John&Jojo said:

What can I do to make a positive decision more likely? Unfortunately getting a joint sponsor is not an option for me at this point?

Would it do any good to preemptively contact my congressperson?

Provide statements showing how long you've had the assets in your name.

No, contacting a congressperson is likely to hurt rather than help on this issue, particularly if you do so preemptively.

 

[John&Jojo 1]

Just now, pushbrk said:

Provide statements showing how long you've had the assets in your name.

No, contacting a congressperson is likely to hurt rather than help on this issue, particularly if you do so preemptively.

 

What outcomes have you seen in past situations similar to mine? I have not been able to find many on this site that were very close to this. Relying on assets is clearly not the majority approach to this... understandably so. 

[pushbrk 12,111]

Just now, John&Jojo said:

What outcomes have you seen in past situations similar to mine? I have not been able to find many on this site that were very close to this. Relying on assets is clearly not the majority approach to this... understandably so. 

I don't have direct knowledge of any successful cases where assets were not well over the required minimums but my personal opinion is that you'll probably be OK.  Understanding more about the totality of circumstances would be more helpful than the minimal information provided in your post.  If your case is otherwise strong, then the financial issue will carry less weight.  If there are other issues of concern, the officer could use the financial issue as a major factor in the visa decision.  (straw/camel etc.)

[John&Jojo 1]

Just now, pushbrk said:

I don't have direct knowledge of any successful cases where assets were not well over the required minimums but my personal opinion is that you'll probably be OK.  Understanding more about the totality of circumstances would be more helpful than the minimal information provided in your post.  If your case is otherwise strong, then the financial issue will carry less weight.  If there are other issues of concern, the officer could use the financial issue as a major factor in the visa decision.  (straw/camel etc.)

Okay, thank you that is helpful. I believe my case is strong otherwise--I worked with my wife before marrying her in china last year. I have spent time with her family and have visited her in china several times since we have been married. We are close in age and she speaks English quite well. I am not worried about the bona fide marriage aspect or any of her documentation. The financial area is the only large question that I have. 

 

Of course this is my first experience in this process so I don't quite know what to expect. But thank you for your help, I will make sure to send a large number of bank statements as well as a letter of explanation with her to the interview.