I-864, gifting money- is this going to work?!

[Schroeky 6]

Hello again,

There has been some confusion and heartache over the I-864 within my husbands family, and whilst I am almost wholly sympathetic towards their concerns- I am also terrified by the amount of money they are spending on investigating the whole thing. Probably more now than the entire visa process alone.

In my eyes of course, it wouldn't have cost them a penny except the printing costs and it would be filed away and never considered again- I would get my EAD, get a job and work my way towards becoming a US citizen, freeing them as soon as possible from their obligations.

It is tricky- I would obviously never in a million years even begin considering suing them- I would never ordinarily consider asking my parents in law to sign anything but that's the way it rolls during the visa process! Awkward questions all round all the time!

They have consulted lawyers- who in my opinion have scared them more than necessary. I appreciate that from a lawyers point of view an affidavit would be insane to sign, because I am guilty until proven innocent- and if I was sadistic I could at some point sue them out of house and home.

Anyway, they aren't signing the affidavit, instead they have come up with a plan to dump $55,000 into my husbands account. Now, considering my husband earns about $750 a month (he is completing his degree and only works part time) this amount of money is going to look suspicious and merit some investigation.

Ultimately, will it work? I know we'll have to get documentation that it's a gift- but how long does this 'gift' have to be in my husbands account for? And won't the government see straight through it?

[Harpa Timsah 13,258]

Usually they want to see long-term assets, so a new large lump sum in a bank account will probably not work, even if it is presented as a "gift." I think yes, they will see right through it, and even with it, with his extremely low salary, they might ask for a co-sponsor anyway (even if the assets make up the difference).

I would put some effort into showing their real obligations as co-sponsors, with past lawsuits etc based on the I-864, and educating them more about it. Basically, the government can sue for any means-tested benefits you apply for, and they will first go after your husband as the main sponsor (he will always be the main sponsor even if he doesn't make any money). I would say the chance of this even happening, though the gov. could, is rare. You could also try asking a friend or other relative to be co-sponsor; it does not have to be his parents.

[EAbbas 213]

The government questions anything that shows a lump sum of money into the account just before the visa process begins/middle/or interview time.

[LIFE'SJOURNEY 970]

The 55,000 is indeed a gift, the final cost of his college education. Why is it so necessary to complete the visa process, if your future husband cannot meet the finanical obligation. Either he needs to put off his education full time and get a job to meet the finanical obligation if marriage is a must for you'll at this time.

He can continue his education on a part-time basis, if this is what you'll want. The 55.000 gift will always be a thorn in your marriage. You are not going to be able to change the in-laws view on this. They have spoken to those who they feel were qualified to voice any opioions on this subject and this is how they are going to resolve it without being directly involve with the process.

[kristen_maroc 126]

Unfortunately, this process means sacrifices.

I had the same trouble, so I put off graduate school yet another year and am woefully underemployed at a bakery until AOS is complete or I get a new job.

If it's worth it, he can put off school for a year or so, or drop to part-time.

[Harpa Timsah 13,258]

I disagree with putting off school, especially undergrad. Just have him find a new co-sponsor or give his parents more information about what they would be signing. This can be solved with communication and facts.

[Helen Louise Pile 80]

Hello again,

There has been some confusion and heartache over the I-864 within my husbands family, and whilst I am almost wholly sympathetic towards their concerns- I am also terrified by the amount of money they are spending on investigating the whole thing. Probably more now than the entire visa process alone.

In my eyes of course, it wouldn't have cost them a penny except the printing costs and it would be filed away and never considered again- I would get my EAD, get a job and work my way towards becoming a US citizen, freeing them as soon as possible from their obligations.

It is tricky- I would obviously never in a million years even begin considering suing them- I would never ordinarily consider asking my parents in law to sign anything but that's the way it rolls during the visa process! Awkward questions all round all the time!

They have consulted lawyers- who in my opinion have scared them more than necessary. I appreciate that from a lawyers point of view an affidavit would be insane to sign, because I am guilty until proven innocent- and if I was sadistic I could at some point sue them out of house and home.

Anyway, they aren't signing the affidavit, instead they have come up with a plan to dump $55,000 into my husbands account. Now, considering my husband earns about $750 a month (he is completing his degree and only works part time) this amount of money is going to look suspicious and merit some investigation.

Ultimately, will it work? I know we'll have to get documentation that it's a gift- but how long does this 'gift' have to be in my husbands account for? And won't the government see straight through it?

I replied to your other post on this subject too. It seems you are under the impression that the I-864 allows you to sue your parents in law for money??? (or perhaps that is their impression)

Anyway,

My husband and I moved to the States from Scotland together because he'd been offered a job. He had no earnings for the previous 3 years in the States as we were in Scotland and he was a student, but he had a job at the time of signing the I864 which paid well and was above the poverty line. Can your husband leave school to work for a few months or a year and then go back? Check out the poverty line, it's not very high. You can also check out the financial gift and make sure it's all legal and figure out if that can be part of your equation. Read the instructions for filing the I-864 very carefully and figure out what you can do to meet these requirements. http://www.uscis.gov.../i-864instr.pdf

I wish you well.

Helen

Edited September 4, 2011 by Helen Louise Pile

[LIFE'SJOURNEY 970]

I disagree with putting off school, especially undergrad. Just have him find a new co-sponsor or give his parents more information about what they would be signing. This can be solved with communication and facts.

You may diagree with putting off school, but it seems that the parents have done their due diligence and this is what they have found as the solution to the problem.

Walk in the parents shoes, they feel if their son wants this badly, then he will have to find a way to make it work ithout their direct involvement. They have offer in-direct assistant.

[Gary and Alla 3,694]

Hello again,

There has been some confusion and heartache over the I-864 within my husbands family, and whilst I am almost wholly sympathetic towards their concerns- I am also terrified by the amount of money they are spending on investigating the whole thing. Probably more now than the entire visa process alone.

In my eyes of course, it wouldn't have cost them a penny except the printing costs and it would be filed away and never considered again- I would get my EAD, get a job and work my way towards becoming a US citizen, freeing them as soon as possible from their obligations.

It is tricky- I would obviously never in a million years even begin considering suing them- I would never ordinarily consider asking my parents in law to sign anything but that's the way it rolls during the visa process! Awkward questions all round all the time!

They have consulted lawyers- who in my opinion have scared them more than necessary. I appreciate that from a lawyers point of view an affidavit would be insane to sign, because I am guilty until proven innocent- and if I was sadistic I could at some point sue them out of house and home.

Anyway, they aren't signing the affidavit, instead they have come up with a plan to dump $55,000 into my husbands account. Now, considering my husband earns about $750 a month (he is completing his degree and only works part time) this amount of money is going to look suspicious and merit some investigation.

Ultimately, will it work? I know we'll have to get documentation that it's a gift- but how long does this 'gift' have to be in my husbands account for? And won't the government see straight through it?

They are not talking to knowledgable immigration attorneys.

There are a number of flaws with this plan which could backfire badly. Remember that USCIS has TWO overwhelming considerations...

1. That you do not become a public charge and collect welfare

2. That you are not defrauding the immigration system and "jumping the line" so to speak with a preferred visa.

That said,

1. They do not have to consider all assets and cash is one they often will not consider. Cash can go away as quickly as it came leaving the government with no collateral, so to speak. One could say the same of houses, cars, etc. So much easier with cash and an ATM card

2. USCIS now has your whole interview package, you gave it to them at the POE and guess what? Your husband did not have $55,000 in his account and NOW, after you arrive he has magically received $55,000. Hmmm. Coul dit be someone paid him to marry you so you could come here? It happens and it is one of the "red flags" they look for.

3. I am guessing that his parents deposited the money in HIS account and he has a separate account and it is not the account you two share...could I be right about this? So your husband is going to show his assets which include a joint account with you with virtually NO money and a single account that $55,000 has suddenly appeared in and say that you have a genuine marriage relationship. Who thought of that brilliant plan?

4. No problem the parents will sign a "gift letter". The first thing frauds do is get all sorts of people to sign all sorts of stuff to explain their fraud as something other than fraud.

More problems...

You are trusting your immigration status to someone that doesn't trust you and your husband enough to sign an "affidavit of support" Personally, I would decline any offers of "help" and find someone else to sign.

I wish you the best of luck.

To others in the same situation, I strongly suggest you WAIT to do adult things like get married and bring foreign spouses until you are able to do so on your own like an adult. If you cannot be independent and do things on your own and are not prepared to tell the rest of the world to ####### off, then best to wait until you can.

[Tahoma 2,291]

It is tricky- I would obviously never in a million years even begin considering suing them

if I was sadistic I could at some point sue them out of house and home.

You have a basic misunderstanding about the affidavit of support. It's between the inlaws and the government. Your lawsuit would go nowhere.

[Helen Louise Pile 80]

To others in the same situation, I strongly suggest you WAIT to do adult things like get married and bring foreign spouses until you are able to do so on your own like an adult. If you cannot be independent and do things on your own and are not prepared to tell the rest of the world to ####### off, then best to wait until you can.

Good advice.

[Tim/Mav 305]

They are not talking to knowledgable immigration attorneys.

There are a number of flaws with this plan which could backfire badly. Remember that USCIS has TWO overwhelming considerations...

1. That you do not become a public charge and collect welfare

2. That you are not defrauding the immigration system and "jumping the line" so to speak with a preferred visa.

That said,

1. They do not have to consider all assets and cash is one they often will not consider. Cash can go away as quickly as it came leaving the government with no collateral, so to speak. One could say the same of houses, cars, etc. So much easier with cash and an ATM card

2. USCIS now has your whole interview package, you gave it to them at the POE and guess what? Your husband did not have $55,000 in his account and NOW, after you arrive he has magically received $55,000. Hmmm. Coul dit be someone paid him to marry you so you could come here? It happens and it is one of the "red flags" they look for.

3. I am guessing that his parents deposited the money in HIS account and he has a separate account and it is not the account you two share...could I be right about this? So your husband is going to show his assets which include a joint account with you with virtually NO money and a single account that $55,000 has suddenly appeared in and say that you have a genuine marriage relationship. Who thought of that brilliant plan?

4. No problem the parents will sign a "gift letter". The first thing frauds do is get all sorts of people to sign all sorts of stuff to explain their fraud as something other than fraud.

More problems...

You are trusting your immigration status to someone that doesn't trust you and your husband enough to sign an "affidavit of support" Personally, I would decline any offers of "help" and find someone else to sign.

I wish you the best of luck.

To others in the same situation, I strongly suggest you WAIT to do adult things like get married and bring foreign spouses until you are able to do so on your own like an adult. If you cannot be independent and do things on your own and are not prepared to tell the rest of the world to ####### off, then best to wait until you can.

I have not practiced finance in over 20 years so things may have changed but I see no indication they have except raising the limits to Cash Gifts and Not Taxable. Currently that amount is $13,000.00 annualy.

The exceptions are to a SPOUSE, non charitable corporation and/or medical bills.

Who pays the Gift Tax after the $13,000.00 limit. The Donor or in this case the parents. They should see their Tax person before doing this to be sure of my HUNCH about tax on $ 55,000.00 in one lump payment. It could be spread out over a 3 or 4 year period and avoid Gift Tax.

As Gary said a deposit of $ 55,000.00 all of a sudden will not happen. To many Red Flags and forced to tell the truth where this monentary supply of money came from. But, I'm giving you an indication separate from other replies and TAX CONSEQUENCES.

I belive the Word SPOUSE would not apply to a non- USC. But I could be wrong about that.

I maynot be correct but the parents maybe liable for a $ 43,000.00 Tax Dept for a lump sum Gift or not an inheritance in addition to what is stated above. Inheritance is not subject to tax.

http://www.irs.gov/businesses/small/article/0,,id=108139,00.html

[Schroeky 6]

They are not talking to knowledgable immigration attorneys.

There are a number of flaws with this plan which could backfire badly. Remember that USCIS has TWO overwhelming considerations...

1. That you do not become a public charge and collect welfare

2. That you are not defrauding the immigration system and "jumping the line" so to speak with a preferred visa.

That said,

1. They do not have to consider all assets and cash is one they often will not consider. Cash can go away as quickly as it came leaving the government with no collateral, so to speak. One could say the same of houses, cars, etc. So much easier with cash and an ATM card

2. USCIS now has your whole interview package, you gave it to them at the POE and guess what? Your husband did not have $55,000 in his account and NOW, after you arrive he has magically received $55,000. Hmmm. Coul dit be someone paid him to marry you so you could come here? It happens and it is one of the "red flags" they look for.

3. I am guessing that his parents deposited the money in HIS account and he has a separate account and it is not the account you two share...could I be right about this? So your husband is going to show his assets which include a joint account with you with virtually NO money and a single account that $55,000 has suddenly appeared in and say that you have a genuine marriage relationship. Who thought of that brilliant plan?

4. No problem the parents will sign a "gift letter". The first thing frauds do is get all sorts of people to sign all sorts of stuff to explain their fraud as something other than fraud.

More problems...

You are trusting your immigration status to someone that doesn't trust you and your husband enough to sign an "affidavit of support" Personally, I would decline any offers of "help" and find someone else to sign.

I wish you the best of luck.

To others in the same situation, I strongly suggest you WAIT to do adult things like get married and bring foreign spouses until you are able to do so on your own like an adult. If you cannot be independent and do things on your own and are not prepared to tell the rest of the world to ####### off, then best to wait until you can.

They have not deposited the money yet- this is all at a theoretical stage. I wouldn't let them do it anyway, as it is obviously a flawed plan.

I do think that two young people who are very much devoted, intelligent, well educated and emotionally stable who have waited for two years to make this move, should perhaps be given the benefit of the doubt in this case. I am an adult, and so is my husband- in the WORST CASE scenario he could quit his job, I could sit around on my ####### and not look for a job, and we could claim welfare that his parents have to reimburse the government for. That simply isn't going to happen.

I love my husband, but marriage is something I would never have committed to if we were both in the same country at this stage in my life, it was unfortunately the only option that enabled us to live together on the same continent. Sometimes you have to fight for something in this fleeting life- I am lucky, Kyle's parents co-sponsored my I-129f petition and so I thought they were on board.

I got a first class degree, I worked hard for it, Kyle will get one too- but until I am able to get Employment authorisation and apply for jobs I fail to see how I can prove to anyone I will earn above the minimal poverty limits.

It is, in my opinion, on this occasion, a low risk 'leap of faith'- coming to this country has offered me virtually no benefits compared to what I had in England. If for some reason (reasons I fail to even imagine) I get to a stage in my life here where I cannot even earn enough money to eat and I have to ask the government for help- I will leave America and go back to England.

[Schroeky 6]

You have a basic misunderstanding about the affidavit of support. It's between the inlaws and the government. Your lawsuit would go nowhere.

I'm sorry I keep saying 'suing', I see it as my responsibility to claim government welfare and therefore I would be the one making the decision to put my in-laws in trouble.

I have also been informed that it is my responsibility to make the government aware that my co-sponsor isn't filling their financial obligations and that I could sue them for the outstanding amounts (If I possessed absolutely no moral grounding whatsoever!)

[Schroeky 6]

Good advice.

Thank you everybody- a lot of this has been incredibly helpful and insightful, I appreciate your time and knowledge.

On the other hand...I don't think mildly patronising statements concerning the ridiculous correlation between adulthood and marriage should be applauded- I think we all know this is bureaucracy and theory and starting to chastise young people who are trying to build a life for themselves, and above all find legal employment, should be told off because they are naughty children who aren't 'ready' for marriage is sad.

I personally see marriage as paperwork, pure and simple, I am not proud to be married- I don't see it as an achievement. My wedding cost me $20. I just want to get a job, that is all- that really is all I want, to live with Kyle and get a job and come home to him every night and share a fridge.

Some people can tell me I'm naughty for not doing all my research properly, goodness knows I tried very very hard to cover every base, and I understand there will be monumental sacrifices- I just wanted some literal help concerning the issues raised.

I mean- dear lord, none of my other friends who are engaged or living together have ever had to justify themselves financially to the government, they are free to build their life however they see fit. These marriage visas are a ###### situation whichever way you look at it...