[sirgarvey]

Hi all -- I just got this from the Tokyo Embassy after rescheduling our (her) interview.

"We are missing the following documents for your wife’s immigrant visa. Pleaes bring it at the day of her immigrant visa interview.
Even if the sponsor’s current income overseas exceeds the 125 percent minimum income level, this income cannot be considered sufficient if the petitioner must leave that income source (job) in order to return to the U.S. The income source or employment must continue in the U.S. while the beneficiary is immigrating to the U.S. Please submit the total value of your assets equal at least three times of the current poverty guidelines (I-864P) for your household size."

This is the first time I've heard of 3 TIMES the poverty guidelines. The current guideline for a family of two is $18000, meaning I need to show income of $54000? Or assets of $54000? Meaning, $54000 in the bank?? I have graduate stipend of $30,000k/year waiting for me in the states, shouldn't that be enough?

Thanks for all your help.

[Penguin_ie]

Yes that is all normal and outlined in the instructions for the I-864.
Income limit may be $19'000, but if you use assets (savings, property, shares etc), you need x3 that amount, or x5 if you use a co-sponsor.

A job/ income/ stipend waiting for you is not enough because you do not have that yet. Yes you may have a contract, but something could happen that you end up not getting the stipend. It's only current and sustained income that counts (or assets).

[canadian_wife]

Read the I864 instructions, it is all in there. If your income won't carry over in the US then it won't count

If you cannot use income, then asessts can be used at 3 times the amount.

Again, read the instructions, it's all in there

Good luck

[luvwtrNamy]

I am certainly no expert but sometimes other pairs of eyes can read the same thing and understand something different. I understood this to say that since your salary is overeas income earned and this is what you are using to ensure that your wife will not become a public burden, that you would need to provide someother source such as property or savings. Since it is assumed that once your wife immigrates that you both would be moving to the US (are you living out of the US), that the income you used for the AOS would actually not be relevant any more since you would no longer have that job, thus needing to provide some other means to prove support. Savings and property is always allowed, as I understand it, for proof but does not count dollar for dollar. That's where the 3x comes into play. If you will have the same job even if you both move to the US when she gets her visa approved, I would assume that a letter to that effect from your employer would asnswer their question about continued salary at a rate that is 125% of poverty level. That's how I intepreted the quote you put in your posting.

[sirgarvey]

So the actual I-864 instructions say 3x the difference between the poverty guidelines and my current income. Since they're saying my income counts for nothing now, I'll need to show assets of 3x the total poverty guidelines? It seems insane that I need to have a $22,000 / year job in America, or $60,000 in cash/property.

[sirgarvey]

I just re-read the instruction for the I-864 and as I can tell there is no requirement that the peitioners income must continue uninterrupted through the immigration process. Only the applicants income, if I am counting that as part of the total assets. Surely I'm missing something?

[luvwtrNamy]

The petitioner and the applicant are the same, I believe. They typically refer to the person receiving the visa as the beneficiary. No offense, but it makes sense that they would want to know that you will have an income or assets once the visa is generated because they aren't worried that she will become a public burden until she is actually here. They don't know if you will easily find a job once you move back to the states with your wife, especially with the economy the way it is. I
'm sure it's causing you a lot of stress thinking how you will make this happen and I empathize with you but the rules about this seem pretty fair to me. It's been hard from my own personal experience for my husband to find a job. Thank goodness I have a good income and Secure job. There is at least a safety net for both you and the gov't if you know you have some security in the way of means to put a roof over your head and food on your table before your SO comes to live with you. You seem like a smart person. I'm sure you will figure a way. Do you have someone who can joint sponser?

[Gowon]

So the actual I-864 instructions say 3x the difference between the poverty guidelines and my current income. Since they're saying my income counts for nothing now, I'll need to show assets of 3x the total poverty guidelines? It seems insane that I need to have a $22,000 / year job in America, or $60,000 in cash/property.

If, I haven't checked, the requirements according to published poverty levels is that, why is it insane?

Just curious.

[Penguin_ie]

Yes you'd need $60'000+ in assets.

[kikid]

Hello, have you solved this problem yet? I just received the same email from the embassy, I have $35,000 and ¥790,000 in assets and it might not be enough. I'm very angry because our interview is this Monday and the emailed is today (Friday) telling us we need these assets, so even if we could transfer more money, we can't because it's the weekend and the banks are closed. Did it work out for you?

[Nola123]

Hello, have you solved this problem yet? I just received the same email from the embassy, I have $35,000 and ¥790,000 in assets and it might not be enough. I'm very angry because our interview is this Monday and the emailed is today (Friday) telling us we need these assets, so even if we could transfer more money, we can't because it's the weekend and the banks are closed. Did it work out for you?

I thought it stated it pretty clearly in the instructions that if the petitioner's source of income will not continue in the US, then they can not use it. Otherwise, where is your intent to re-establish domicile in the US, if you intend to continue your salary in Japan? You'll need the 3x the 125% poverty limit in assets or a job in America (or that will continue upon you returning to America) at 125% poverty line.

It isn't the embassy's fault that you didn't read the directions.

We aren't even at the NVC stage and I have more assets than you and know I need a co-sponsor.

[kikid]

I thought it stated it pretty clearly in the instructions that if the petitioner's source of income will not continue in the US, then they can not use it. Otherwise, where is your intent to re-establish domicile in the US, if you intend to continue your salary in Japan? You'll need the 3x the 125% poverty limit in assets or a job in America (or that will continue upon you returning to America) at 125% poverty line.

It isn't the embassy's fault that you didn't read the directions.

We aren't even at the NVC stage and I have more assets than you and know I need a co-sponsor.

I did read the directions! and I wouldn't consider the amount of assets I have to be small either, adding the Japanese income it comes to about $45000, but we just found out we need $56000

I called the immigrant services hotline months ago the clarify what I needed becuase the amount they were asking for seemed rediculous. All they said I needed was a salary or 125% of the poverty guidelines. I told them I was working for a foreign company and I would need to find new employment in the u.s. and they stil said all I needed was the 125%, so maybe you should try to understand the situation before you make comments. And it's not that I didn't think I needed a co-sponsor, it's that I don't have one and can't possibly get one, so get off your high horse, because when you get as far along in the process as I have it will shock you the things that come up.

Edited by clmiyazaki, 16 November 2012 - 11:18 AM.

[KDH]

I did read the directions! and I wouldn't consider the amount of assets I have to be small either, adding the Japanese income it comes to about $45000, but we just found out we need $56000

I called the immigrant services hotline months ago the clarify what I needed becuase the amount they were asking for seemed rediculous. All they said I needed was a salary or 125% of the poverty guidelines. I told them I was working for a foreign company and I would need to find new employment in the u.s. and they stil said all I needed was the 125%, so maybe you should try to understand the situation before you make comments. And it's not that I didn't think I needed a co-sponsor, it's that I don't have one and can't possibly get one, so get off your high horse, because when you get as far along in the process as I have it will shock you the things that come up.

I'm sorry but it is in the directions so I'm sorry you were given misinformation, but if what I've seen other people say is correct, then the people you called aren't the people approving your visa. They are contracted workers that read over the instructions just like you did and misinterpreted them. There's no reason to get belligerent about it all.

I don't agree with your parents sending you money, and I don't PERSONALLY feel that you're going to get approved even if you do get it transferred in time. I think you need a cosponsor or the USC will need to return to the US and get a job so he can start establishing some current income. And EVEN THEN they can say you need a cosponsor because you don't have previous year taxes.
I'm sorry that your parents don't want to take on that commitment and it sucks that you're in this situation but there's, once again, no reason to take out your hostility on those telling you it's in the instructions. Because it is.

Edited by KDubovik, 16 November 2012 - 11:29 AM.

[dreamwarrior]

The only requirement is that you meet 125% of the poverty guidelines, depending on which state you plan to reside in. If your taxes reflect that amount, then you are good to go. If you did not file taxes but only gave them proof of current overseas employment, that's likely why they want more evidence. All property that you own is going to be considered liquidated in order to meet the minimum requirements. That means that if there's an emergency you would have to immediately liquidate all of your assets at 30% of the value. Say you own a home and you desperately need money. You're not likely to be able to sell it at market value within a few days, so you must liquidate it at 30%.

If you did file taxes and make enough money, it is still at the discretion of the consular officer to decide whether or not you're fit to sponsor your wife

[KDH]

The only requirement is that you meet 125% of the poverty guidelines, depending on which state you plan to reside in. If your taxes reflect that amount, then you are good to go. If you did not file taxes but only gave them proof of current overseas employment, that's likely why they want more evidence. All property that you own is going to be considered liquidated in order to meet the minimum requirements. That means that if there's an emergency you would have to immediately liquidate all of your assets at 30% of the value. Say you own a home and you desperately need money. You're not likely to be able to sell it at market value within a few days, so you must liquidate it at 30%.

If you did file taxes and make enough money, it is still at the discretion of the consular officer to decide whether or not you're fit to sponsor your wife

The 125% current must be unending. IE if you leave Japan, that income must continue to be earned in the US.
If you leave japan, and you have to quit your job, then you have no current income and therefor would not meet the requirements.