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Veroniqa

Can I use my cash to supplement husband's I-864

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Hello everybody! I badly need advice about my situation. When I came to the country I brought some cash with me and I still have the Custom Declaration about this amount of money. As I never had SSN I can't open bank account this is why I kept my savings in cash for emergency situations (long, long time, since 1996). We use my husband's income for life (he came to the country earlier). May I somehow use my cash for I-864 to supplement my husband's income (for amount confirmed by my Custom Declaration)? Today I surfed the web and have found new for me information: some banks not require SSN to open an account! Never knew this! Does it make sense to open an account and put this cash on it ( in case I will find the bank which not requires SSN)?

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Filed: K-1 Visa Country: Vietnam
Timeline

Hello everybody! I badly need advice about my situation. When I came to the country I brought some cash with me and I still have the Custom Declaration about this amount of money. As I never had SSN I can't open bank account this is why I kept my savings in cash for emergency situations (long, long time, since 1996). We use my husband's income for life (he came to the country earlier). May I somehow use my cash for I-864 to supplement my husband's income (for amount confirmed by my Custom Declaration)? Today I surfed the web and have found new for me information: some banks not require SSN to open an account! Never knew this! Does it make sense to open an account and put this cash on it ( in case I will find the bank which not requires SSN)?

Who is your husband sponsoring? How is it that you've been in the US since 1996 and you don't have a Social Security number?


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Filed: Timeline

Who is your husband sponsoring? How is it that you've been in the US since 1996 and you don't have a Social Security number?

Hellow JimVaPhuong!Thank you for your answer. My husband sponsoring me. And, yes, I dont have SSN, do you know the way to get it when you out of status?

Edited by Veroniqa

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Filed: K-1 Visa Country: Vietnam
Timeline

Hellow JimVaPhuong!Thank you for your answer. My husband sponsoring me. And, yes, I dont have SSN, do you know the way to get it when you out of status?

Ok. You've been living in the US out of status for about 15 years. You brought a large sum of cash with you, which you apparently declared on your customs forms. You never deposited this money in a bank account because you didn't have a Social Security number, and you've still got the cash. Is that the gist of it?

The only problem I see with this scenario is that you have no ongoing evidence that you've retained ownership of the cash since you originally arrived in the US. You have a record for a certain amount of cash being brought into the US, and no further records of where that cash has been for 15 years. I could easily see an immigration officer saying "Prove to me that this is the same cash you brought 15 years ago, and not simply some cash you borrowed last week in order to satisfy the affidavit of support requirements." They do the same thing when the sponsor claims to have cash assets. They want proof that the assets have been held by the sponsor long enough to show that the cash really belongs to the sponsor, and is really available to help support the intending immigrant, and not a temporary loan that has to be paid back immediately after obtaining the green card.

Opening a new account today will not establish the track record USCIS will want to see. They generally want at least 12 months of bank statements showing that the cash assets have been continually in your possession for at least a year.

Maybe you should investigate other ways of meeting the requirements, such as getting a joint sponsor.


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!

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Ok. You've been living in the US out of status for about 15 years. You brought a large sum of cash with you, which you apparently declared on your customs forms. You never deposited this money in a bank account because you didn't have a Social Security number, and you've still got the cash. Is that the gist of it?

The only problem I see with this scenario is that you have no ongoing evidence that you've retained ownership of the cash since you originally arrived in the US. You have a record for a certain amount of cash being brought into the US, and no further records of where that cash has been for 15 years. I could easily see an immigration officer saying "Prove to me that this is the same cash you brought 15 years ago, and not simply some cash you borrowed last week in order to satisfy the affidavit of support requirements." They do the same thing when the sponsor claims to have cash assets. They want proof that the assets have been held by the sponsor long enough to show that the cash really belongs to the sponsor, and is really available to help support the intending immigrant, and not a temporary loan that has to be paid back immediately after obtaining the green card.

Opening a new account today will not establish the track record USCIS will want to see. They generally want at least 12 months of bank statements showing that the cash assets have been continually in your possession for at least a year.

Maybe you should investigate other ways of meeting the requirements, such as getting a joint sponsor.

Thank you so much for your answer!

1)I'd like to try my logic against your's (or C O's logic). Could you imagine the person who does not have any savings, living for a long time with no medical insurance? With no documents? What if I will be arrested tomorrow for illegal status? I will need money for the bail! What if I get ill tomorrow? It will be absolutely insane from my point of view to spend some "untouchable" money, which i brought from abroad like emergency fond.

2)Only joint sponsor which is available is our son, he has big enough income to be a sponsor. But he is not a citizen or PR. He has an asylee status.(((

We tried one friend for the sponsorship, but he refused.((( And this is the friend who used our help to buy his house! Anyway, my point is: we should solve this problem by ourselves, inside the family. I hate to ask about help.

I have apartment abroad as assets, but my son is listed as co-owner and it will take time to make me single owner, because he does not have a passport of the "apartment" country. All that stupid situation. I should wait like 6 month, until he get his passport,or try to convict CO that my money brought from abroad are not borrowed.

Now, you see, this is ironic, I have triple warranty of my financial security (my own money, son's income, apartment abroad) and can't use one of them.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Real estate held abroad is not an asset that the adjudicators like to accept. Especially if someone is living there. It doesn't readily fit into the asset criteria spelled out in the affidavit of support: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

Jim's description of the adjudicator's stance on documentation of cash assets is accurate. While it may not match with your view, the burden of proof is on the person claiming the asset to show that it's been held by them for a "significant" amount of time.

Any US citizen or green card holder can be a joint sponsor. Find another person. While it may not be desired option, it may be your most practical course of action.

Finally, the adjudicator's logic trumps all of our individual logic. They must be able to defend their decisions to their bosses. If they don't feel comfortable about a sponsor's ability to meet the requirements they will not approve the petition.

Best of luck.


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

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Filed: Timeline

Real estate held abroad is not an asset that the adjudicators like to accept. Especially if someone is living there. It doesn't readily fit into the asset criteria spelled out in the affidavit of support: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

Jim's description of the adjudicator's stance on documentation of cash assets is accurate. While it may not match with your view, the burden of proof is on the person claiming the asset to show that it's been held by them for a "significant" amount of time.

Any US citizen or green card holder can be a joint sponsor. Find another person. While it may not be desired option, it may be your most practical course of action.

Finally, the adjudicator's logic trumps all of our individual logic. They must be able to defend their decisions to their bosses. If they don't feel comfortable about a sponsor's ability to meet the requirements they will not approve the petition.

Best of luck.

Thank you for your help guys! I really appreciate it! I think I have found joint sponsor. His income is 33K for 2 household members. Could you please to tell me is this enough to be my sponsor? My husband's income is $9900, so I need like additional $8500, right?

Edited by Veroniqa

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I guess I figured it out. 33K is definitely enough. My sponsor + his wife + me =3; Federal poverty guidelines 2011 for 3 people = $18530. 125% of Poverty guidelines =$23163.

Thank you for your help!

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Filed: K-1 Visa Country: Vietnam
Timeline

I guess I figured it out. 33K is definitely enough. My sponsor + his wife + me =3; Federal poverty guidelines 2011 for 3 people = $18530. 125% of Poverty guidelines =$23163.

Thank you for your help!

Yep, this is correct.

BTW, he's your "joint sponsor". Your husband is still your "primary sponsor". Your husband will still need to submit an affidavit of support.


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!

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Filed: Timeline

Yep, this is correct.

BTW, he's your "joint sponsor". Your husband is still your "primary sponsor". Your husband will still need to submit an affidavit of support.

Thank you JimVaPhuong. As I understand we should not use I-864A, this form for household member sponsors. We should use I-864 for each my sponsor.

First I-864 will be filled by my husband, and the second I-864 - by my joint sponsor.Am I right?

Should we submit both I-864 with I-130? Or we should wait for I-130 approval?

Now I am thinking about K-1 Visa, but I guess I am not eligible for K-1, because I overstayed my B-1 visa and was out of status long enough. Or probably I am eligible, but anyway they don't allow me to enter USA.What is your opinion? Is this correct?

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I am completely clueless if the joint sponsor should notarize his signature? I have found the next instruction:

E. Documentation

Each principal applicant must submit an original signed and notarized Form I-864 from the petitioner/sponsor, any joint Form I-864 required and/or Form I-864A, if needed. (????) Accompanying family members listed in the signed original may submit true copies. Moreover, only the principal applicant must submit supporting documentation (tax returns, employment letters, proof of assets, etc.) if other family members are accompanying the beneficiary at the same time.

Did not get it. Should he?

Edited by Veroniqa

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Filed: Citizen (apr) Country: Australia
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I am completely clueless if the joint sponsor should notarize his signature? I have found the next instruction:

E. Documentation

Each principal applicant must submit an original signed and notarized Form I-864 from the petitioner/sponsor, any joint Form I-864 required and/or Form I-864A, if needed. (????) Accompanying family members listed in the signed original may submit true copies. Moreover, only the principal applicant must submit supporting documentation (tax returns, employment letters, proof of assets, etc.) if other family members are accompanying the beneficiary at the same time.

Did not get it. Should he?

Where did you find this?

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