DCF --> I-864 --> Assets Ignored

[0p3raGh05t 0]

Filed I-130 with USCIS in Beijing and that process went rather smoothly. Today had interview at US cnsulate in Guangzhou and told that for approval we must have a co-sponsor.

Since living in China the past couple of years with spouse, my income has not been sufficient to require me to file income taxes. So, submitted statement with I-864 to that effect. Also, on I-864 showed liquid cash assets (proven by bank statements) of $180k. Everything I read indicates that should have been more than enough to overcome the presumption of "public charge" since all that is required is 125% of poverty level ($24,000) x 3.

I cannot understand how having a $25k a year job is better proof of showing less possibility of becomming a "public charge" than having 7 times that amount in cash in the bank.

The consulate stated that with an additional sponsor things will be ok, but asking someone to be a co-sponsor is a highly intrusive thing to ask. Is there any way to appeal the consular official's decision? Other solutions, please?

Edited November 1, 2011 by 0p3raGh05t

[Anh map 2,098]

Filed I-130 with USCIS in Beijing and that process went rather smoothly. Today had interview at US cnsulate in Guangzhou and told that for approval we must have a co-sponsor.

Since living in China the past couple of years with spouse, my income has not been sufficient to require me to file income taxes. So, submitted statement with I-864 to that effect. Also, on I-864 showed liquid cash assets (proven by bank statements) of $180k. Everything I read indicates that should have been more than enough to overcome the presumption of "public charge" since all that is required is 125% of poverty level ($24,000) x 3.

I cannot understand how having a $25k a year job is better proof of showing less possibility of becomming a "public charge" than having 7 times that amount in cash in the bank.

The consulate stated that with an additional sponsor things will be ok, but asking someone to be a co-sponsor is a highly intrusive thing to ask. Is there any way to appeal the consular official's decision? Other solutions, please?

How long have you held that amount of cash? If it was recently (past several months) placed in your account that may be the reason. Showing 12+ months of ownership is often enough. What did you send to support your asset claim?

The CO's make the determination.

[scotty2009 13]

At the age of 21, I had about $70,000 in savings in the bank. At that time, I was living in a third world country. I was living with my parents and didn't have to work. I tried applying for credit cards because what I had were extensions of my parents'. I wanted my OWN. Banks won't give me one. My best friend who had roughly $200 in the bank was given a credit card. Bank's answer: because she has a job. That really irritated me. She was taking home less that $300/month (USD equivalent. Again, this was in a third world country), had maximum of $200 in the bank, no properties, whatsoever. I had a condo unit in a expensive location and 2 cars under my name, $70,000 in savings account and a bit more on my checking. I had to talk to a bank manager about this. His explanation was that having money in the bank is nothing to creditors, what is important is that there is an inflow of money as when one has a job. Makes sense. Savings in the bank can just be savings, but will be used up in time if there's no REGULAR cash inflow. Money in the bank can be there as "show money" borrowed from a relative for specific purposes. I'm guessing this is the way USCIS sees it. You may have a lot of money in the bank, but when you get here, you don't automatically get a job. Who knows what would be your earning capacity when you get here? Your money will be used up fast and someone has to be financially responsible for your family's entry to the USA.

[R and L 5]

Sorry to hear you have to deal with this...

My husband is also basing his affidavit of support on assets, and so reading this post honestly shook me and woke up to the possibility that we should talk with our close friends in case we get similar response in the interview...hopefully not, but have to be prepared. We got also reasonable amount of money in the bank (both, him and myself), my husband has 2 apartments from which are officially appraised (and no mortgage etc) and few other qualifying assets...and the total is truly way beyond the poverty guideline (x3 in our case, and way beyond.)

Feels unfair but I guess the only thing you can do is start talking with your close friends/relatives and try to find a co-sponsor. Not easy as it is truly a paper that I guess many would feel incredibly uncomfortable to sign, even feels bad to ask people to consider signing it. But I bet there is somebody who trusts you and is so incredibly kind that they feel comfortable doing it. There are many other people in the same situation that they need a co-sponsor and they successfully find one.

I understand your feelings, but in the end it's up to the CO, whether it's fair or not. Assets is one option for basing the AOS on, but I guess there are some variations in what is sufficient and what is not - despite the amount. But would be nice to know the reason what made the CO not trust enough on your assets!

One positive thing in your situation is that you have the possibility to have DCF! So even though you got some negative surprises like this co-sponsor issue, you are not separated from your spouse! Lucky you!

Good luck!!! I hope all goes well and you can go home soon with your family!

[Penguin_ie 5,994]

Interesting- we also sponsored on assets only (a little more, but also we were a household of 4), and had no problems. Most of our assets were in a newly bought house in Arkansas (to become our home when we immigrated- proof was sales papers) and the rest in a US based bank account (In petitioner's name, recently moved from Irish joint account- proof was print out of online account statement).

Did they tell you why they wanted a co-sponsor? Such as assets not US based, or somehow tied up so you cannot release them without loosing a lot of money? Could it be they had other reservations about issuing the visa, and used the finances as an "excuse"? You cannot appeal, but you can ask for an explanation and that may give you and idea what to do next.

[Darnell 8,478]

Since the I-864 is YOUR form, the USCitizen,

I suggest you get to Guz IV during ACS and

ask them exactly what the problem is, and ask for a casual eyeball review by a visa officer whilst you wait in the ACS area.

Then, and only then, act.

I know you've an RFE, but I'd still get a more detailed explanation for a human at ACS.

[himher 634]

Something's wierd about that.

We DCF'd and got the visa in-hand a couple of weeks ago with cash assets only. (1) bank statement (sorry dudes but they did not ask "how long it had been in the bank") and (1) 401K statement for previous quarter. Larger household size - it came out to be ~4.5 X the 125% poverty cash-equivalent for our household size.

Are your assets in the US? Ours were and that may be a difference.

Is your income, even though you do not file taxes, enough to qualify on its own? Maybe they considered their idea of what they think your "earnings ability" is which is sort of subjective.

Either way I would ask them why and ask them if there is any way to address whatever it is they are thinking and I would do it through ACS. You have nothing to lose.

Filed I-130 with USCIS in Beijing and that process went rather smoothly. Today had interview at US cnsulate in Guangzhou and told that for approval we must have a co-sponsor.

Since living in China the past couple of years with spouse, my income has not been sufficient to require me to file income taxes. So, submitted statement with I-864 to that effect. Also, on I-864 showed liquid cash assets (proven by bank statements) of $180k. Everything I read indicates that should have been more than enough to overcome the presumption of "public charge" since all that is required is 125% of poverty level ($24,000) x 3.

I cannot understand how having a $25k a year job is better proof of showing less possibility of becomming a "public charge" than having 7 times that amount in cash in the bank.

The consulate stated that with an additional sponsor things will be ok, but asking someone to be a co-sponsor is a highly intrusive thing to ask. Is there any way to appeal the consular official's decision? Other solutions, please?

[LBeachey 45]

This is typical of GUZ in that they want to see income and not assets. Different countries/consulates may be willing to accept assets but GUZ has their own rules.

Best of Luck in finding a co-sponsor.