Income/Assets and AOS

[CaMic 0]

okay so we're not at the AOS stage but preparing for the I134/I864s and need advice on what we can do to meet the criteria

OUR STATUS:

My fiance (the USC) has not earned enough to file federal tax returns for several years and is currently not working at all. A lot of the work he has done this year has been 'cash in hand' and as such is very difficult to account for. To further complicate things, although they have not been a couple in over 10 years, my fiance shared a bank account with the mother of his children until earlier on this year ( I know, I know - WHY???).

I (the intending immigrant) have savings/assets equal to 3 x 125% poverty line for our household based on the current UK housing market and exchange rate and will have this formally documented in time for filing.

The ONLY person we know willing to be a joint sponsor is retired and receives a pension which is below the poverty line for the household size. He owns his home but I don't think this could be counted as an asset as it would likely cause "considerable hardship" if it were sold. His other assets (excluding his home) would not be enough to meet the criteria. (I don't want to ask this person to risk anything for me anyway unless there is absolutely no other way.)

OUR INTENTIONS:

My fiance (the USC) is trying to get a job before I-134/I-864 filing but is unlikely to get one that will be above 125% of the poverty line for the household size.

WHAT CAN WE DO? Has anyone on VJ had a similarly bleak outlook for the affidavits of support and gotten approved?

[jkminney 30]

okay so we're not at the AOS stage but preparing for the I134/I864s and need advice on what we can do to meet the criteria

OUR STATUS:

My fiance (the USC) has not earned enough to file federal tax returns for several years and is currently not working at all. A lot of the work he has done this year has been 'cash in hand' and as such is very difficult to account for. To further complicate things, although they have not been a couple in over 10 years, my fiance shared a bank account with the mother of his children until earlier on this year ( I know, I know - WHY???).

I (the intending immigrant) have savings/assets equal to 3 x 125% poverty line for our household based on the current UK housing market and exchange rate and will have this formally documented in time for filing.

The ONLY person we know willing to be a joint sponsor is retired and receives a pension which is below the poverty line for the household size. He owns his home but I don't think this could be counted as an asset as it would likely cause "considerable hardship" if it were sold. His other assets (excluding his home) would not be enough to meet the criteria. (I don't want to ask this person to risk anything for me anyway unless there is absolutely no other way.)

OUR INTENTIONS:

My fiance (the USC) is trying to get a job before I-134/I-864 filing but is unlikely to get one that will be above 125% of the poverty line for the household size.

WHAT CAN WE DO? Has anyone on VJ had a similarly bleak outlook for the affidavits of support and gotten approved?

Why is it that people feel like because they don't make a certain amount they don't need to file taxes???? EVERYONE has to file taxes...or an exception but you still have to FILE. You may not owe anything at all but you still have to file!

[CaMic 0]

okay so we're not at the AOS stage but preparing for the I134/I864s and need advice on what we can do to meet the criteria

OUR STATUS:

My fiance (the USC) has not earned enough to file federal tax returns for several years and is currently not working at all. A lot of the work he has done this year has been 'cash in hand' and as such is very difficult to account for. To further complicate things, although they have not been a couple in over 10 years, my fiance shared a bank account with the mother of his children until earlier on this year ( I know, I know - WHY???).

I (the intending immigrant) have savings/assets equal to 3 x 125% poverty line for our household based on the current UK housing market and exchange rate and will have this formally documented in time for filing.

The ONLY person we know willing to be a joint sponsor is retired and receives a pension which is below the poverty line for the household size. He owns his home but I don't think this could be counted as an asset as it would likely cause "considerable hardship" if it were sold. His other assets (excluding his home) would not be enough to meet the criteria. (I don't want to ask this person to risk anything for me anyway unless there is absolutely no other way.)

OUR INTENTIONS:

My fiance (the USC) is trying to get a job before I-134/I-864 filing but is unlikely to get one that will be above 125% of the poverty line for the household size.

WHAT CAN WE DO? Has anyone on VJ had a similarly bleak outlook for the affidavits of support and gotten approved?

Why is it that people feel like because they don't make a certain amount they don't need to file taxes???? EVERYONE has to file taxes...or an exception but you still have to FILE. You may not owe anything at all but you still have to file!

Well that is my feeling too and my fiance knows that I disapprove, however I was asking for help/advice and that didn't didn't help at all.

[Aubrey 10]

okay so we're not at the AOS stage but preparing for the I134/I864s and need advice on what we can do to meet the criteria

OUR STATUS:

My fiance (the USC) has not earned enough to file federal tax returns for several years and is currently not working at all. A lot of the work he has done this year has been 'cash in hand' and as such is very difficult to account for. To further complicate things, although they have not been a couple in over 10 years, my fiance shared a bank account with the mother of his children until earlier on this year ( I know, I know - WHY???).

I (the intending immigrant) have savings/assets equal to 3 x 125% poverty line for our household based on the current UK housing market and exchange rate and will have this formally documented in time for filing.

The ONLY person we know willing to be a joint sponsor is retired and receives a pension which is below the poverty line for the household size. He owns his home but I don't think this could be counted as an asset as it would likely cause "considerable hardship" if it were sold. His other assets (excluding his home) would not be enough to meet the criteria. (I don't want to ask this person to risk anything for me anyway unless there is absolutely no other way.)

OUR INTENTIONS:

My fiance (the USC) is trying to get a job before I-134/I-864 filing but is unlikely to get one that will be above 125% of the poverty line for the household size.

WHAT CAN WE DO? Has anyone on VJ had a similarly bleak outlook for the affidavits of support and gotten approved?

Why is it that people feel like because they don't make a certain amount they don't need to file taxes???? EVERYONE has to file taxes...or an exception but you still have to FILE. You may not owe anything at all but you still have to file!

Actually, that isn't true... if you make below a certain amount (it changes each year, but in the range of a few thousand dollars) you don't have to file. I had several years when I was in school that it was the case.

If your fiance did not file taxes and he was supposed to, I suggest he see a tax accountant (CPA) and file them late and take what ever penalties. If he was not required to file, you must provide evidence to USCIS that you were not required to file and a letter explaining why your transcripts aren't available for that tax year.

[CaMic 0]

okay so we're not at the AOS stage but preparing for the I134/I864s and need advice on what we can do to meet the criteria

OUR STATUS:

My fiance (the USC) has not earned enough to file federal tax returns for several years and is currently not working at all. A lot of the work he has done this year has been 'cash in hand' and as such is very difficult to account for. To further complicate things, although they have not been a couple in over 10 years, my fiance shared a bank account with the mother of his children until earlier on this year ( I know, I know - WHY???).

I (the intending immigrant) have savings/assets equal to 3 x 125% poverty line for our household based on the current UK housing market and exchange rate and will have this formally documented in time for filing.

The ONLY person we know willing to be a joint sponsor is retired and receives a pension which is below the poverty line for the household size. He owns his home but I don't think this could be counted as an asset as it would likely cause "considerable hardship" if it were sold. His other assets (excluding his home) would not be enough to meet the criteria. (I don't want to ask this person to risk anything for me anyway unless there is absolutely no other way.)

OUR INTENTIONS:

My fiance (the USC) is trying to get a job before I-134/I-864 filing but is unlikely to get one that will be above 125% of the poverty line for the household size.

WHAT CAN WE DO? Has anyone on VJ had a similarly bleak outlook for the affidavits of support and gotten approved?

Why is it that people feel like because they don't make a certain amount they don't need to file taxes???? EVERYONE has to file taxes...or an exception but you still have to FILE. You may not owe anything at all but you still have to file!

Actually, that isn't true... if you make below a certain amount (it changes each year, but in the range of a few thousand dollars) you don't have to file. I had several years when I was in school that it was the case.

If your fiance did not file taxes and he was supposed to, I suggest he see a tax accountant (CPA) and file them late and take what ever penalties. If he was not required to file, you must provide evidence to USCIS that you were not required to file and a letter explaining why your transcripts aren't available for that tax year.

My fiance's youngest son has been seriously ill for the last 4 years and has been up an down to Cincinnatti children's hospital several times for months on end, his other two children are disabled and that's why he hasn't been able to hold a steady job or think about tax returns. He's pretty sure he will be able to get a waiver letter based on that but it really doesn't help towards our current finances with regards to the affidavit of support.

[philabride 0]

I hope you two will find a way to resolve this, because one missing evidence shouldnt have you guys apart. I had one missing evidence but I honestly wrote that I lost it. I havent received RFE yet. I went to H&R block for my part time job and I was told I did not have to file tax for the low income. Isnt there any family member that can sign the paper ? good luck

[SunDrop 59]

They are unlikely to consider an occupied home as an asset, since they would really struggle to recover any costs because they can't realistically expect the sponsoring owner to liquidate the asset if it's their only home!

There is a member whose name totally fails me but starts with a C, the bene is from Italy and has a pic of her and hubby in a chopper, I think! lol... she was made to transfer all the cash from their joint foreign accounts to the USC's sole named account in the states before they could use those.

What are you intending to do with your property when you immigrate?

[CaMic 0]

They are unlikely to consider an occupied home as an asset, since they would really struggle to recover any costs because they can't realistically expect the sponsoring owner to liquidate the asset if it's their only home!

There is a member whose name totally fails me but starts with a C, the bene is from Italy and has a pic of her and hubby in a chopper, I think! lol... she was made to transfer all the cash from their joint foreign accounts to the USC's sole named account in the states before they could use those.

What are you intending to do with your property when you immigrate?

Wow, I'm tending towards NOT selling my property here in the UK because the AOS would seem unlikely to be approved at this point. I don't have a problem transferring my savings to a US bank account but it would have to be at least in joint names. I would be reluctant to put it in an account in solely in my partner's name in case his ex tried to make any claims on it (I'm not sure of the child support laws over there and whether thay are allowed to arrest bank accounts or such but the deal between him and his ex is complicated and although he has paid more than his fair share of child support, it has never been done officially so I assume that she could sue him for it).

[Elghazi2008 4]

Actually...you don't have to file taxes if you don't make a certain amount of money..... In that case, if your fiance is that low in funds, I would sincerely suggest looking harder for a sponsor. Your assets in the UK will do you no good as far as I know. The government wants to know that you will be able to live here without government support and that he will be able to support you until you can legally work...

[christeen 966]

HI, I am the one who recently went through Naples consulate and we had to transfer the 3x 125% poverty level ($56,000) into my name in the US account to qualify. They did not accept my husbands income nor assets in Italy as they cannot be verified by the US because of foreign privacy acts. To use assets you would have to have the 3 x 125% poverty in the US in an account with the USCitizens name on it...

The catch 22 is that without a SSN or ITTN, you cannot open or be added to a US bank account... I am not sure how this would work for the ex and all as we did not have to worry about any of that, but in order to use assets, they need to be in the US... I also do not believe that they will accept housing since the current market values and ability to sell have been so drastically decreased...

However, an option that I am not sure of the possibility for you is, do you have someone trustworthy that you can put the money in their accounts and they be the co-sponsor? Just an idea???

I am so sorry that you have to deal with this... Best of luck

[CaMic 0]

HI, I am the one who recently went through Naples consulate and we had to transfer the 3x 125% poverty level ($56,000) into my name in the US account to qualify. They did not accept my husbands income nor assets in Italy as they cannot be verified by the US because of foreign privacy acts. To use assets you would have to have the 3 x 125% poverty in the US in an account with the USCitizens name on it...

The catch 22 is that without a SSN or ITTN, you cannot open or be added to a US bank account... I am not sure how this would work for the ex and all as we did not have to worry about any of that, but in order to use assets, they need to be in the US... I also do not believe that they will accept housing since the current market values and ability to sell have been so drastically decreased...

However, an option that I am not sure of the possibility for you is, do you have someone trustworthy that you can put the money in their accounts and they be the co-sponsor? Just an idea???

I am so sorry that you have to deal with this... Best of luck

Thanks to everyone for their advice. Hmmm I had assumed that since the I-864 notes said the beneficiary's assests could be taken into account they would be okay with it being in a foreign country, but clearly not. My fiance asked his very affluent brother to co-sponsor me but he refused and hasn't returned my fiance's calls in months. Christeen your suggestion seems feasible - I could put the money into my fiance's stepfather's account (but being cautious, he's old and not in the best of health so we'd have to have a contingency in case anything happened to him during the process, God forbid).

What is the ITTN? If I get the visa, get to the US then I apply immediately for an SSN, can I open an bank account/join an existing one at that point and transfer my funds between arriving in the US and applying for AOS?

On a brighter note, the housing market is okay where I live. The value of my property is still slightly down on what it was 15 months ago but only by around 2-3% and house sales are steady. I guess that still doesnt help using my home as an asset but at least I know it will sell and I can have the 3x125% at some point.

I am still working on the assumption that 3x125% alone would not be enough to ensure AOS and am encouraging my fiance to try harder to get a full-time job rather than the weather-dependant contract landscaping type work that he has been doing the last couple of years which in itself isn't steady work even without the complications of his children's health issues.

I know that everyone has their own issues/problems in this process and your time and advice on my situation is GREATLY appreciated. THANK YOU ALL.

[CaMic 0]

Wow, I'm tending towards NOT selling my property here in the UK because the AOS would seem unlikely to be approved at this point. I don't have a problem transferring my savings to a US bank account but it would have to be at least in joint names. I would be reluctant to put it in an account in solely in my partner's name in case his ex tried to make any claims on it (I'm not sure of the child support laws over there and whether thay are allowed to arrest bank accounts or such but the deal between him and his ex is complicated and although he has paid more than his fair share of child support, it has never been done officially so I assume that she could sue him for it).

In regards to what my fiance's ex will do to make his life he!! - I was on the phone to him just half an hour ago when two police officers came to the door and began quizzing him about when he had last been out of the house, where he had gone (I overheard all of this before my fiance asked me to give him a few minutes and call back). So I called back 10 minutes later and his ex has accused him of going into the store where she works and stealing. He doesn't go near the store BECAUSE she works there and was with his brother and his sister in law while he was out of the house today. The police were still there when I called back and he was going with them to assist in their enquiries. She has made other false allegations against both my fiance and myself in the past but has never gone as far as involving the police. Although they haven't been together in over 10/11 years, she still to this day talks as though they are a couple and still wants him back. Since finding out about me, she had already turned his kids against both of us (they used to tell us both daily that they loved us and begged me not to come home to the UK). Seems that our finances are going to be the least of our worries in getting the visa/AOS!!!

[CaMic 0]

Wow, I'm tending towards NOT selling my property here in the UK because the AOS would seem unlikely to be approved at this point. I don't have a problem transferring my savings to a US bank account but it would have to be at least in joint names. I would be reluctant to put it in an account in solely in my partner's name in case his ex tried to make any claims on it (I'm not sure of the child support laws over there and whether thay are allowed to arrest bank accounts or such but the deal between him and his ex is complicated and although he has paid more than his fair share of child support, it has never been done officially so I assume that she could sue him for it).

In regards to what my fiance's ex will do to make his life he!! - I was on the phone to him just half an hour ago when two police officers came to the door and began quizzing him about when he had last been out of the house, where he had gone (I overheard all of this before my fiance asked me to give him a few minutes and call back). So I called back 10 minutes later and his ex has accused him of going into the store where she works and stealing. He doesn't go near the store BECAUSE she works there and was with his brother and his sister in law while he was out of the house today. The police were still there when I called back and he was going with them to assist in their enquiries. She has made other false allegations against both my fiance and myself in the past but has never gone as far as involving the police. Although they haven't been together in over 10/11 years, she still to this day talks as though they are a couple and still wants him back. Since finding out about me, she had already turned his kids against both of us (they used to tell us both daily that they loved us and begged me not to come home to the UK). Seems that our finances are going to be the least of our worries in getting the visa/AOS!!!

Well, he was taken off in handcuffs then given a citation to appear in court early January. He's going to a lawyer this morning to get advice and try to get CCTV footage from the place he actually WAS when the crime was supposed to have taken place, fingers crossed their CCTV will show him clearly. He's going to show the lawyer all the past harassing text messages his ex has sent him and the ones where she said she was outside his stepdad's house and he'd BETTER come out and talk to her or else she was coming in - happened several times whilst I was there. Thing is, she has people convinced that HE is the one who won't leave her alone and he's the bad guy - I know for a fact she'd sent him 30 texts a days and called 12 times a day making demands as well as turning up outside the house at all hours (sometimes leaving her kids at home alone to do so). She's aslo blackmailed him with the threats of her false allegations in the past, swears blind that her children and neighbours told her my fiance beat me twice in public (no, he's never laid a finger on me and I have no fear that he ever would under any circumstances.) She threatened to go to the police with false allegations against me last time I was there and I told her "fine, I'll take a polygraph" but I was leaving the country the next day and nothing became of it, thoushe's so convincing she even had me doubting myself though.

I know that people get approved for visas/AOS even with past criminal convictions but how will a pending court appearance affect our petition? I assume if my fiance can't prove his innocence that he will have some form of current conviction, would that mean a flat out refusal? Sometimes I think we're never going to get to be together.

[CaMic 0]

Well, he was taken off in handcuffs then given a citation to appear in court early January. He's going to a lawyer this morning to get advice and try to get CCTV footage from the place he actually WAS when the crime was supposed to have taken place, fingers crossed their CCTV will show him clearly. He's going to show the lawyer all the past harassing text messages his ex has sent him and the ones where she said she was outside his stepdad's house and he'd BETTER come out and talk to her or else she was coming in - happened several times whilst I was there. Thing is, she has people convinced that HE is the one who won't leave her alone and he's the bad guy - I know for a fact she'd sent him 30 texts a days and called 12 times a day making demands as well as turning up outside the house at all hours (sometimes leaving her kids at home alone to do so). She's aslo blackmailed him with the threats of her false allegations in the past, swears blind that her children and neighbours told her my fiance beat me twice in public (no, he's never laid a finger on me and I have no fear that he ever would under any circumstances.) She threatened to go to the police with false allegations against me last time I was there and I told her "fine, I'll take a polygraph" but I was leaving the country the next day and nothing became of it, she's so convincing she even had me doubting myself though.

I know that people get approved for visas/AOS even with past criminal convictions but how will a pending court appearance affect our petition? I assume if my fiance can't prove his innocence that he will have some form of current conviction, would that mean a flat out refusal? Sometimes I think we're never going to get to be together.

Good news - there is CCTV footage that should clear my fiance and he's seeing the prosecutor tomorrow to let him know that and explain everything. Fingers crossed the whole thing will be thrown out there and then. Also, my fiance's brother has agreed to meet with us to talk about the possibility of becoming a sponsor if I can go over there before we need to file. So I need to start looking at flights and gather some evidence for immigration to show I'm only visiting.