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Urgent! Should I go back home?? Got RFIE: Public Charge

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Hi Guys,

 

Today I received the letter from USCIS requesting initial evidence. I have done some research and all the existing cases are slightly different from ours. Please let me know any thoughts as we are really desperate and do not know what to do. It's a bit long, thank you for your patience!!!

 

According to the letter, I need to submit

 

  1. All supporting documentation submitted to IRS for the most recent tax year.
  2. Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance. The assets must equal the three times the difference for a spouse of a US citizen. (Because the poverty line is 16,240 for two people, so three times that is $48,720.)

 

Our response to the two requests are:

  1. Both of us were living overseas (together). My US citizen spouse did not have income and therefore did not have to file a tax return. We have provided a signed statement explaining this as the I-864 instruction requires. What else should we do not satisfy item 1? That was exactly stated in the instruction.
  2. My US spouse has a bank account with little savings, but the account was active while we were overseas. Right before we moved to the US, I transferred about US$80,000 to my spouse's bank account in the US (we are still in the process of adding my name to the bank account so that it is a joint account. It has been almost a month and yet still in progress, maybe because it is an online checking account). When we filed AOS, we submitted the most recent bank statement to USCIS with about $80,000. But they are not happy enough about this. They want 12 months average of the account's balance. That would become (0+0+0+0+0+0+0+0+0+0+0+80000)/12=$6,666! So what should we do??? (Many of you can find joint sponsors. But that is not our case. We have been doing this all by ourselves hoping that by following the rule, we would not have any problems.) I was thinking about using my foreign bank account overseas for the past 11 months. But the RFE specifically states that it needs to be the bank account of the sponsor, and this contradicts the instruction I-864 about the use of intending immigrant's assets. Please any thoughts let us know!

We just moved here and do not want to go back yet!!!

 

The consular officer said he was not worried we would become a public charge after seeing my foreign bank statement, but now USCIS is.

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I don’t know what visa you came to the US on but when it comes to assets, USCIS wants to see that the money has been in your ownership for about a year. This is to stop people from borrowing money to meet the financial requirements.

 

Submit bank statements from the account where you had the money previously plus the receipt for the wire transfer.

 

 


Met online October 2010


Engaged December 31st 2011


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USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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4 minutes ago, mallafri76 said:

I don’t know what visa you came to the US on but when it comes to assets, USCIS wants to see that the money has been in your ownership for about a year. This is to stop people from borrowing money to meet the financial requirements.

 

Submit bank statements from the account where you had the money previously plus the receipt for the wire transfer.

 

 

Thanks for your prompt reply! I came here on K-1.

 

Knowing the intention of USCIS feels so much better. Literally reading their letter made me felt it was impossible.

 

So, technically, do you mean we can do this?

 

For September 2017 Bank Statement, I use my US Spouse's bank with US$80,000. (It is without my name yet.)

For October 2016 -- August 2017, I use my foreign bank statements?

  • Note that this is not with my US citizen sponsor's name. This is completely under my name only.
  • Also, just checked that my main foreign bank has one statement for every two months. So the time is still continuous, but I only have 6 statements with all transactions without any gaps for the last 12 months.
  • I also have a checking account with a different foreign bank (with quarterly statements) and some certificates of deposits (no statements for CDs). Before moving here, I pooled all the money in my main account for simplicity. As a result, there is a jump in my main bank balance. Would it help if I provided this checking account or it would confuse USCIS?
  • Would it help if I show them my foreign tax information so that they know I had stable income and did not borrow money from someone?

 

Thanks again. Really appreciated it!!!

 

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Thats a very specific situation. I'd be desperate. I'd try to provide them with everything you have and more. 

 

What I understand from what you post is that you tao were living together abroad, he didnt have to file a tax return. You transfere your money to his account só you'd have money when you arrive and your spouse would have the necessary funds to apply for your AOS

 

What the USCIS understands of this is: this guy didn't work last year, lived abroad without working and has 80k on his bank account? Suspicious. Even more if his tax returns from the previous years did not show him make so much money to have that much cash in the bank.

 

What I would try to do is (I don't know of its possible or acceptable). Try to add yourself as a co-sponsor, you can fill an I864A. That would explain that the money came from you. And you could add the bank statements from your bank, your foreign taxes, everything. Or try to find a co-sponsor. 

 

I hope that helps. Also try to expedite having your name on the bank account. 

I'm sure the USCIS just wants to make sure that the money is truly yours.

 

Good luck!!! How long do you have until you have to send the evidence back?

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21 minutes ago, Clara Monteiro said:

Thats a very specific situation. I'd be desperate. I'd try to provide them with everything you have and more. 

 

What I understand from what you post is that you tao were living together abroad, he didnt have to file a tax return. You transfere your money to his account só you'd have money when you arrive and your spouse would have the necessary funds to apply for your AOS

 

What the USCIS understands of this is: this guy didn't work last year, lived abroad without working and has 80k on his bank account? Suspicious. Even more if his tax returns from the previous years did not show him make so much money to have that much cash in the bank.

 

What I would try to do is (I don't know of its possible or acceptable). Try to add yourself as a co-sponsor, you can fill an I864A. That would explain that the money came from you. And you could add the bank statements from your bank, your foreign taxes, everything. Or try to find a co-sponsor. 

 

I hope that helps. Also try to expedite having your name on the bank account. 

I'm sure the USCIS just wants to make sure that the money is truly yours.

 

Good luck!!! How long do you have until you have to send the evidence back?

Thanks for your advice! Your understanding of our situation is exactly right. I know that intending immigrant's assets can be used as well according to the instruction. I will quote that in my cover letter to them.

 

Now I am feeling better. I will  write a cover letter to explain our financial situations and calculate all the monthly numbers in an Excel table so that USCIS only needs to verify the numbers, especially because it involves multiple bank accounts with different frequencies of the statements and exchange rate...

 

I have 89 days to send the evidence back. I think I have everything ready as they are all on-line. So as soon as I finish my financial calculations and summary, and print the bank statements and tax information, I am good to go :)

 

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12 hours ago, JoJoJoJo said:

Thanks for your advice! Your understanding of our situation is exactly right. I know that intending immigrant's assets can be used as well according to the instruction. I will quote that in my cover letter to them.

 

Now I am feeling better. I will  write a cover letter to explain our financial situations and calculate all the monthly numbers in an Excel table so that USCIS only needs to verify the numbers, especially because it involves multiple bank accounts with different frequencies of the statements and exchange rate...

 

I have 89 days to send the evidence back. I think I have everything ready as they are all on-line. So as soon as I finish my financial calculations and summary, and print the bank statements and tax information, I am good to go :)

 

Just to be on the safe side. Why don't you contact a lawyer? For sure they know how to get around without any other RFE. Most of them will give you a free consultation over the phone. Or you could try Avvo. 

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Any way the USC can even get a retail job or something?  That would alleviate the need to worry about bank account issues.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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13 hours ago, Clara Monteiro said:

Thats a very specific situation. I'd be desperate. I'd try to provide them with everything you have and more. 

 

What I understand from what you post is that you tao were living together abroad, he didnt have to file a tax return. You transfere your money to his account só you'd have money when you arrive and your spouse would have the necessary funds to apply for your AOS

 

What the USCIS understands of this is: this guy didn't work last year, lived abroad without working and has 80k on his bank account? Suspicious. Even more if his tax returns from the previous years did not show him make so much money to have that much cash in the bank.

 

What I would try to do is (I don't know of its possible or acceptable). Try to add yourself as a co-sponsor, you can fill an I864A. That would explain that the money came from you. And you could add the bank statements from your bank, your foreign taxes, everything. Or try to find a co-sponsor. 

 

I hope that helps. Also try to expedite having your name on the bank account. 

I'm sure the USCIS just wants to make sure that the money is truly yours.

 

Good luck!!! How long do you have until you have to send the evidence back?

Agree with Clara. You can have million dollars in your account but what uscis wants to see is what was the source of that money, whether it was earned income or something else. If you filed taxes in your country when your spouse lived with you, you can submit those returns showing both of yours name on it showing married. I dont think your rfe is complicated they just want to see that you both are really married and working together to save money gradually. Add your name to us bank acct asap otherwise its red flag that US citizen spouse suddenly recieved huge amount of money from spouse but that spiuse is not listed as a joint owner of that account. I think that is what IO is looking at and providing you an opportunity to prove it with rfe. Good luck.

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you can use the assets of the intending immigrant, this includes your accounts abroad, and even stocks or a house with appraisal.

Both assets of the sponsor and the immigrant should be taken together. I would contact a lawyer or a immigration consultant to do the paperwork for you so that things are sure. Maybe use: http://www.visacoach.com or  https://rapidvisa.com  as cheaper solution to a lawyer.  You don`t need to add yourself as a co-sponsor the form allows to list the assets of the immigrant as well.

Edited by Michael2017

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4 hours ago, Clara Monteiro said:

Just to be on the safe side. Why don't you contact a lawyer? For sure they know how to get around without any other RFE. Most of them will give you a free consultation over the phone. Or you could try Avvo. 

Thanks! We will consider calling for a consultation.

 

3 hours ago, N-o-l-a said:

Any way the USC can even get a retail job or something?  That would alleviate the need to worry about bank account issues.

Thanks! We will use this as our last resort.

 

3 hours ago, cd37 said:

Agree with Clara. You can have million dollars in your account but what uscis wants to see is what was the source of that money, whether it was earned income or something else. If you filed taxes in your country when your spouse lived with you, you can submit those returns showing both of yours name on it showing married. I dont think your rfe is complicated they just want to see that you both are really married and working together to save money gradually. Add your name to us bank acct asap otherwise its red flag that US citizen spouse suddenly recieved huge amount of money from spouse but that spiuse is not listed as a joint owner of that account. I think that is what IO is looking at and providing you an opportunity to prove it with rfe. Good luck.

We were not married before coming to the US. I came here on K-1 and just got married a month ago. So we never filed taxes together or shared any accounts.

I have made a table showing all our accounts balances (four of mine in my country and one of my spouse's in the US) by month. It shows clearly how the savings accumulated together with my monthly tax information from my government. Also it shows how the money was transferred to the US.

 

(Now we have shared health insurance and apartment lease. )

 

2 hours ago, Michael2017 said:

you can use the assets of the intending immigrant, this includes your accounts abroad, and even stocks or a house with appraisal.

Both assets of the sponsor and the immigrant should be taken together. I would contact a lawyer or a immigration consultant to do the paperwork for you so that things are sure. Maybe use: http://www.visacoach.com or  https://rapidvisa.com  as cheaper solution to a lawyer.  You don`t need to add yourself as a co-sponsor the form allows to list the assets of the immigrant as well.

Thanks for your reply! That is why we think we qualify on this I-864 form. We only have cash in the checking account. I have done all the preparation last night and now the monthly average is about $70,000, still more than three times the poverty guide line. I plan to call for some consultation,  but hopefully I have done 90%+ of the job :)

 

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6 hours ago, JoJoJoJo said:

Thanks! We will consider calling for a consultation.

 

Thanks! We will use this as our last resort.

 

We were not married before coming to the US. I came here on K-1 and just got married a month ago. So we never filed taxes together or shared any accounts.

I have made a table showing all our accounts balances (four of mine in my country and one of my spouse's in the US) by month. It shows clearly how the savings accumulated together with my monthly tax information from my government. Also it shows how the money was transferred to the US.

 

(Now we have shared health insurance and apartment lease. )

 

Thanks for your reply! That is why we think we qualify on this I-864 form. We only have cash in the checking account. I have done all the preparation last night and now the monthly average is about $70,000, still more than three times the poverty guide line. I plan to call for some consultation,  but hopefully I have done 90%+ of the job :)

 

 

6 hours ago, JoJoJoJo said:

Thanks! We will consider calling for a consultation.

 

Thanks! We will use this as our last resort.

 

We were not married before coming to the US. I came here on K-1 and just got married a month ago. So we never filed taxes together or shared any accounts.

I have made a table showing all our accounts balances (four of mine in my country and one of my spouse's in the US) by month. It shows clearly how the savings accumulated together with my monthly tax information from my government. Also it shows how the money was transferred to the US.

 

(Now we have shared health insurance and apartment lease. )

 

Thanks for your reply! That is why we think we qualify on this I-864 form. We only have cash in the checking account. I have done all the preparation last night and now the monthly average is about $70,000, still more than three times the poverty guide line. I plan to call for some consultation,  but hopefully I have done 90%+ of the job :)

 

I would suggest that don’t you don’t put 80$k in the bank account if you don’t want to get tax . That amount is subject for taxation and that give you guys very suspicious even know your marriage is Bona Fide 

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1 minute ago, Madmax said:

 

I would suggest that don’t you don’t put 80$k in the bank account if you don’t want to get tax . That amount is subject for taxation and that give you guys very suspicious even know your marriage is Bona Fide 

 

It is marital funds, not taxable when transferred between the parties to a marriage.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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I really recommend you asking for professional advice. I've been reading about couples that were denied because the USCIS did not accept what they sent for the RFE. Also, when you go to the interview they might ask why you transfered so much money and they might imply that it was a pay off and the marriage is not bona fide. And for that it would be good to have a professional help as well.

I'm not sure about the taxes, but I think if you were not married yet when the money was transfered it would be subject to gift tax charge. And I think USCIS shares info with the IRS. So you can get in trouble with them. But if you transfered the money this year you only have to file it with the IRS next year.

 

Wishing everything goes well!

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5 hours ago, Clara Monteiro said:

I really recommend you asking for professional advice. I've been reading about couples that were denied because the USCIS did not accept what they sent for the RFE. Also, when you go to the interview they might ask why you transfered so much money and they might imply that it was a pay off and the marriage is not bona fide. And for that it would be good to have a professional help as well.

I'm not sure about the taxes, but I think if you were not married yet when the money was transfered it would be subject to gift tax charge. And I think USCIS shares info with the IRS. So you can get in trouble with them. But if you transfered the money this year you only have to file it with the IRS next year.

 

Wishing everything goes well!

Dang, I am getting a little nervous. Will USCIS give us another chance if they were still not happy enough?

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8 minutes ago, JoJoJoJo said:

Dang, I am getting a little nervous. Will USCIS give us another chance if they were still not happy enough?

 

It was a little bit fear mongering on PP's part.  You'll likely be given another chance and if all else fails, you can file another adjustment of status petition with a joint sponsor or income on the part of the USC.   Don't worry, there are always other ways to get something done, especially in this type of situation.


3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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