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ladybug2010

Can 401K / IRA be used as assets on I-864

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In doing all of our prep to get ready to file AOS, I ASSumed that our 401K's would be considered cash assets. But google searches are giving me lots of different opinions/information. SOOOO, who *knows* if a 401K can be used to go towards assets on an I-864?

Thanks!

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They can, but at the discretion of the CO. When considering assets the I-864 instructions tell us that: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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They can, but at the discretion of the CO. When considering assets the I-864 instructions tell us that: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.

Thanks for the reply. I wish there was a "rule" on this versus having the IO use their discretion. I just called the 1-800 number for USCIS and they said the EXACT same thing - that it is at the discretion of the officer. Would LOVE to hear from anyone who has either used a 401K as an asset on the I-864 or who has further information.

Thanks again Anh map for your reply!

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