Jump to content
Sign in to follow this  
floridadave

I-134 Question, Real Estate

20 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: China
Timeline

I am preparing my I-134 to send to my fiancee. I want to list my home on the form. The mortgage is paid off. I have already obtained from my County Clerk's office certified copies of the Satisfaction of Mortgage and the Deed itself. But I need the value of my home. So my question is this: Can I use a free online service like Zillow.com and use their "estimate" of my home's value and send that print out with my form? Hey, it's cheaper than an appraiser. Thanks for your help.


Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

I am preparing my I-134 to send to my fiancee. I want to list my home on the form. The mortgage is paid off. I have already obtained from my County Clerk's office certified copies of the Satisfaction of Mortgage and the Deed itself. But I need the value of my home. So my question is this: Can I use a free online service like Zillow.com and use their "estimate" of my home's value and send that print out with my form? Hey, it's cheaper than an appraiser. Thanks for your help.

Your "can" do just about anything you want. Whether it will be accepted is entirely a different matter. Be aware though that, one, if your income is clearly sufficient, you can simply leave all asset related questions blank and two, Consular officers tend not to consider the equity in the home you actually live in.

In short, if you NEED to use your family home equity to qualify, you probably need a cosponsor. If your income is marginal, using the house can help show solvency though. I would use your latest tax assessment instead of an online estimate though.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

Pushbrk's answer is spot on, as usual.

I'll just add that online 'comparables' services like Zillow are practically useless to someone who doesn't know the local real estate market. They base their numbers on a comparison of similar homes that have sold recently in a specific geographical radius. A lot of factors can affect those numbers, and only someone who knows the local area and market would be able to separate the good data from the bad. For example, if a couple of the homes in the list were in a low income housing project, and your home is not in that project, then it will artificially deflate your home's value. Same if some of the homes were bank-owned or distressed. It could also artificially inflate the value if there are homes in the list which are in a newer upscale development. Even if a home in the list had the same specs as yours, was the same age, and in the same housing development, even something as relatively minor as having a different floor plan could have a significant affect on the home's market value.

If you are going to depend on the home's value to help you qualify, and you don't want to risk your proof of value being questioned by the consular officer, then you should get a licensed appraiser.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

If you are going to depend on the home's value to help you qualify, and you don't want to risk your proof of value being questioned by the consular officer, then you should get a licensed appraiser.

If you NEED to depend on the home's value to help you qualify, then you should find a qualified cosponsor. Maybe you know one who is also a licensed appraiser. For people with qualifying income that is marginal, they can save some money using the tax assessment. Of course, it's not accurate but it is generally considered to be less than actual value, if recent. Even if discounted 20% in the Consular officer's mind, it will serve the same purpose. They don't believe you'll liquidate the house to support your spouse but they'll get it that your low income is sufficient with no housing payment.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

If you NEED to depend on the home's value to help you qualify, then you should find a qualified cosponsor. Maybe you know one who is also a licensed appraiser. For people with qualifying income that is marginal, they can save some money using the tax assessment. Of course, it's not accurate but it is generally considered to be less than actual value, if recent. Even if discounted 20% in the Consular officer's mind, it will serve the same purpose. They don't believe you'll liquidate the house to support your spouse but they'll get it that your low income is sufficient with no housing payment.

My regular government pension brings in a gross total of $2,138 per month. I also receive an $800 monthly annuity form my Thrift Savings Plan (govt. version of 401k). The $800 monthly annuity can be varied (or canceled) if I so apply to change it to another value. The regular government pension of $2,138 is permanent until I die. Is this enough for the I-134? Will this later satisfy the I-864? If this is enough, then I won't bother with home value, savings amount balance, or Thrift Savings Plan balance. Thanks to everyone who have replied so far.


Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Thailand
Timeline

My regular government pension brings in a gross total of $2,138 per month. I also receive an $800 monthly annuity form my Thrift Savings Plan (govt. version of 401k). The $800 monthly annuity can be varied (or canceled) if I so apply to change it to another value. The regular government pension of $2,138 is permanent until I die. Is this enough for the I-134? Will this later satisfy the I-864? If this is enough, then I won't bother with home value, savings amount balance, or Thrift Savings Plan balance. Thanks to everyone who have replied so far.

You did not say what your household size is to properly determine if the amounts given are correct.

Let's say you earn $2938 a month total including dividends in the form of the annuity, then your yearly income is about $35,256 assuming no significant losses from investments or businesses.

Then you can look on the I-864P Poverty Threshold guidelines at USCIS and see you are able to cover yourself and fiancee which only require $18,212 with substantial margin. Even if you have more dependents you will still be very safe.

You should not mess with the house. It is unneccessary.

Good luck.


Naturalization N-400

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

You did not say what your household size is to properly determine if the amounts given are correct.

Let's say you earn $2938 a month total including dividends in the form of the annuity, then your yearly income is about $35,256 assuming no significant losses from investments or businesses.

Then you can look on the I-864P Poverty Threshold guidelines at USCIS and see you are able to cover yourself and fiancee which only require $18,212 with substantial margin. Even if you have more dependents you will still be very safe.

You should not mess with the house. It is unneccessary.

Good luck.

Family size will be two, me and my fiancee. I have no mortgage, no car payments, no investments other than Thrift Savings Plan. No dependents. So it will be just me and her. I do need to look at this I-864P. Thanks for the heads up on that!


Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

Family size will be two, me and my fiancee. I have no mortgage, no car payments, no investments other than Thrift Savings Plan. No dependents. So it will be just me and her. I do need to look at this I-864P. Thanks for the heads up on that!

You're fine. I would simply state and document the income and leave the asset portions of the form blank. Your income is close to double what is required for a household of two.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

You're fine. I would simply state and document the income and leave the asset portions of the form blank. Your income is close to double what is required for a household of two.

I guess I worried too much for nothing. As savings, property, etc. were asked, I see I erroneously assumed it was mandatory to answer these questions. Much less trouble to leave these (other than income) blank, which I shall now do. That is why I post these questions, to be sure. Thanks for the replies. I feel much much better.:yes:


Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

If you NEED to depend on the home's value to help you qualify, then you should find a qualified cosponsor. Maybe you know one who is also a licensed appraiser. For people with qualifying income that is marginal, they can save some money using the tax assessment. Of course, it's not accurate but it is generally considered to be less than actual value, if recent. Even if discounted 20% in the Consular officer's mind, it will serve the same purpose. They don't believe you'll liquidate the house to support your spouse but they'll get it that your low income is sufficient with no housing payment.

I thought the same thing at one time. Because of the "undue hardship" clause in the I-864, I thought they wouldn't consider your only home, just as they won't consider your only car, since selling either would impose an undue hardship. It was pointed out to me, and after a more careful reading of the I-864 instructions, that a house and car are the not the same thing. USCIS will consider the equity in your home as an asset because you can cash out all or part of that equity without selling the home. The resulting increase in your total mortgage payments would be a small fraction of the additional debt incurred, so it isn't likely to be considered an undue hardship or financial loss. Since they'll accept this with an I-864, I don't see any reason they wouldn't accept it with an I-134, as well.

Anyway, this is academic, since the OP doesn't need assets to qualify.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

I thought the same thing at one time. Because of the "undue hardship" clause in the I-864, I thought they wouldn't consider your only home, just as they won't consider your only car, since selling either would impose an undue hardship. It was pointed out to me, and after a more careful reading of the I-864 instructions, that a house and car are the not the same thing. USCIS will consider the equity in your home as an asset because you can cash out all or part of that equity without selling the home. The resulting increase in your total mortgage payments would be a small fraction of the additional debt incurred, so it isn't likely to be considered an undue hardship or financial loss. Since they'll accept this with an I-864, I don't see any reason they wouldn't accept it with an I-134, as well.

Anyway, this is academic, since the OP doesn't need assets to qualify.

"How" equity in the family home is considered is the issue, not "whether". Yes a house is not a car and for the reasons you state but there's no guarantee of borrowing equity. If income is below 125% of the poverty level, that also impacts one's ability to qualify for a loan. Remember, this issue only becomes relevant when the relative has been in a position to receive means tested benefits. When a couple qualifies for the kind of benefits the would need to repay, they usually don't qualify for much of a home equity loan, since they have no means to repay it.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

if you still decide to use the house as an asset -

The 'stand up evaluation' done at GUZ IV, on interview day, is done , using the computations and requirements from the I-864. There's some clear language in the I-864 about using a house - you absolutely have to have an appraiser's appraisal document attached to the I-134. I know of no way 'around' this requirement. Not to say it doesn't exist, only that I don't know of it.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

"How" equity in the family home is considered is the issue, not "whether". Yes a house is not a car and for the reasons you state but there's no guarantee of borrowing equity. If income is below 125% of the poverty level, that also impacts one's ability to qualify for a loan. Remember, this issue only becomes relevant when the relative has been in a position to receive means tested benefits. When a couple qualifies for the kind of benefits the would need to repay, they usually don't qualify for much of a home equity loan, since they have no means to repay it.

Not to belabor the point, but lenders around here will happily write a HELOC for someone with little or no income if they have substantial equity. They'll greatly reduce the amount of available credit so that it's well below the actual amount of equity the homeowner has, and jack up the interest rate. HELOC lenders are the pawn brokers of the real estate industry. They're not particularly bothered if you don't repay the loan, since they're content to foreclose and get your home for a fraction of it's market value.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline

if you still decide to use the house as an asset -

The 'stand up evaluation' done at GUZ IV, on interview day, is done , using the computations and requirements from the I-864. There's some clear language in the I-864 about using a house - you absolutely have to have an appraiser's appraisal document attached to the I-134. I know of no way 'around' this requirement. Not to say it doesn't exist, only that I don't know of it.

Thanks for letting me know that. I will have to read the instructions for the I-864 more carefully. Anyway, it does seem I have the required income. So I won't be using any other assets unless forced to by the authorities. This is good information to know nonetheless. thanks.


Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

Not to belabor the point, but lenders around here will happily write a HELOC for someone with little or no income if they have substantial equity. They'll greatly reduce the amount of available credit so that it's well below the actual amount of equity the homeowner has, and jack up the interest rate. HELOC lenders are the pawn brokers of the real estate industry. They're not particularly bothered if you don't repay the loan, since they're content to foreclose and get your home for a fraction of it's market value.

You aren't belaboring the point. You're making mine. It's how, not whether. See bold in your last sentence.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...