Tips on dealing with a mysterious RFE

[raldetta 0]

My husband and I submitted an affidavit of support based on my (the intending immigrants) foreign assets. We documented that asset (a house) as described in the I-864 instructions (proof of ownership, mortgage statement, municipal property assessment). The equity on the asset more than covers the 5x 125% of the poverty level requirement.

Two months later we got an RFE stating that the asset didn't meet the requirements. The letter was totally generic, and didn't give any indication of where the problem was.

First time I called the USCIS they said: I have no idea, just do what the letter says.

Second time I called the USCIS I got a more helpful tier 2 guy who who had me read him the letter and said he could only speculate on what kind of additional proof they might want (documentation of the stability of the real estate market in my city? certified appraisal?) and suggested I go the co-sponsor route instead, if at all possible.

Third time I called the USCIS I got another tier 2 guy who said: oh, I'll email them and request more information. They'll send you a letter in 1-2 weeks explaining why the asset doesn't meet the requirements.

D'OH!

I'm bummed that I waited as long as I did to call them a second and then third time. Next time I would call three times in one day, just to talk to different people. I'm thinking about calling them again in a few minutes, just to see what other information turns up.

[Harsh_77 718]

Foreign assests would not be counted towards your sponsorship.

[raldetta 0]

Foreign assests would not be counted towards your sponsorship.

Based on what I have read in the form instructions I don't believe this is true, though I have heard several people on this forum say it. Can you cite a source?

[VanessaTony 3,567]

Based on what I have read in the form instructions I don't believe this is true, though I have heard several people on this forum say it. Can you cite a source?

http://travel.state.gov/visa/immigrants/info/info_3183.html#23

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

The assets must be convertible to cash within 12 months

The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country

The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

Property is a hard one to use because what the house is VALUED at might not be what it SELLS for, especially in today's market.

I would get a co-sponsor to be safe.

[Harsh_77 718]

Based on what I have read in the form instructions I don't believe this is true, though I have heard several people on this forum say it. Can you cite a source?

Foregin income has been used by some ppl in past where one would continue to have that source of income after immigration example a job transfer etc.

Basically the logic is simple the asset should be such for which US govt can make a claim if the applicant ever becomes a public charge and they need to recover that cost.

With proprety in foregin country it would be difficult for US Gov to make claims to that property if you ever became a public charge.

[JimVaPhuong 4,863]

Vanessa's post is very interesting. The State Department page she quoted says that the alien must show that the asset (not the cash received from liquidating the asset) can be removed from the country where it is located. How can you remove real estate from the country where it's located? This rule would seem to preclude real estate, and cover assets which are transportable.