DCF London AOS - assets only

[Jinny49 0]

Hi,

I'm really struggling to find answers to my AOS questions, so I really hope someone out there can help me...

I am the USC, but have lived in the UK since birth.

Since I have no tax returns to show, I am planning to use assets, which I understand basically equates to $56k in cash. (I will also demonstrate my UK income, as I am self-employed and will migrate all my business to the US once we move - I know they probably won't accept that on its own, but I figure it can't hurt to have it in addition to the assets!)

I do have a US bank account, and we are saving like crazy, but my question is this: could my parents dump, say, $20k into my account, only for me to return it to them once the process is complete?

I really hope someone can give me some good answers on this (any other ideas are also welcome)! Thanks in advance

[Nich-Nick 3,353]

Hi,

I'm really struggling to find answers to my AOS questions, so I really hope someone out there can help me...

I am the USC, but have lived in the UK since birth.

Since I have no tax returns to show, I am planning to use assets, which I understand basically equates to $56k in cash. (I will also demonstrate my UK income, as I am self-employed and will migrate all my business to the US once we move - I know they probably won't accept that on its own, but I figure it can't hurt to have it in addition to the assets!)

I do have a US bank account, and we are saving like crazy, but my question is this: could my parents dump, say, $20k into my account, only for me to return it to them once the process is complete?

I really hope someone can give me some good answers on this (any other ideas are also welcome)! Thanks in advance

You didn't say how much in assets you have. Any? Here's a recent post from someone whose fiancé had continuing income after leaving the UK plus $8500 cash. You'll need to read down the page a bit to get the whole discussion. Start here http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/page__view__findpost__p__5844882

For a fiancé visa, people in London have been approved without $56k in cash. It's a judgement call by the officer, no written in the law number. Provide enough evidence to convince him you'll be fine without resorting to public assistance.

Don't you think the old "dump some money into the account" trick has been tried before? If the officer is suspicious, they will want to see many bank statements showing you aren't trying to pull a fast one to gain immigration benefits. You don't want them to accuse you of misrepresentation. You'd be better off with a signed statement from your parents saying they are willing to gift you with $20k if needed to help you and your fiancé get established in the US if he is granted a visa and show a bank statement from them showing their assets. There are so strict rules for an I -134. Convince the interviewer in London.

EDIT: okay now I'm confused. Your profile thing says K1, but your post is in DCF, which is for spouses. If you are already married, then what I posted is not correct. It is a K1 answer. .

Edited January 11, 2013 by Nich-Nick

[Penguin_ie 5,986]

No your parents cannot loan you the money. It must be your money to keep- that is one of the reasons why for assets, they want to see a paper trail and usually one year's worth of bank statements.

[Jinny49 0]

Thanks for your answers guys. Nich-nick, I'm a DCF person (I've updated my status accordingly as it was indeed wrong - apologies for any confusion).

I'm sure people have tried the loan approach before, but how will the consulate know? I certainly can't provide a year's worth of statements as my accounts have only been open for 3 months - as I said, I've lived in the UK my whole life and I am currently preparing for our move. In addition, I bring money over in chunks ranging from $5k to $20k anyway, since I'm moving it from the UK; it doesn't make sense to deposit it in dribs and drabs and I want to keep track of what I've sent over.

Cash is the only 'asset' I have - that and a car, which I understand I'm not allowed to use.

From your answers I see that I'll have to do a good job of demonstrating my UK income and convincing them I'll be bringing that over here. Nich-nick, your idea of a signed letter from my parents is also superb - I will definitely do that.

[Penguin_ie 5,986]

If your account is open for less than a year, they will want statements from opening to present. How will they know? They won't, but they will question large amounts of money that came to you recently. That does not mean that recent large money transfers will get you denied, but you need to have a good reason for them (such as having sold property, or moving the money from your UK to US account).

I agree with Nick that showing your income will continue from the same source would be your best bet.

[Jinny49 0]

Ok, thanks. One final question: My parents live in the UK, but they have a bank account with substantial funds, as well as property, in the States (they're in the US about 30% of the time). I really don't want to have to ask them to co-sponsor us, but I might have to - but is this an option since they don't live in the US permanently? I'm finding conflicting information on this. My mom is a USC, if that makes any difference whatsoever.

Edited January 11, 2013 by Jinny49

[Penguin_ie 5,986]

They must be resident in the USA. Usually, this is determined by the most recent tax filing being filed as a resident as opposed to non-resident.