i864 RFE...

[melb2012 2]

Hi.

we are using assets and income to meet requirement. we had a RFE asking us to complete ques 23 on i864 form. We sent it in and been reviewed. Now they sent us an email advising theconsular officer will make a decision and that we dont appear to meet requirement. However we are well over it using equity on property and savings. Should we be worried? They suggested to use a cosponsor but why would we need to if we are using savings and equity that totals more than the double amount?

Any input is appreciated! Thanks guys!

[Inky 1,111]

You don't mention this in your post but if the property you are trying to use is the main/only residence it does not count and they wont allow it.

If thats not the case then I would just give them a cosponsor anyways to get it over with even if you don't seem to need one. Faster than getting rejected or denied.

[VanessaTony 3,567]

if you are using assets then you must have THREE times the 125% poverty line amount (the difference between your income and the 125% poverty line to be specific). So for a household of 2 it's roughly $19K, times 3 is $57K in assets if your income is $0.

if it's your primary home, or primary vehicle you're using, it doesn't count (the whole hardship thing). When using property you need to get a valuation done and then compare that to the mortgage/equity.

You'd better get a co-sponsor lined up just in case, you don't want this to stop you immigrating.

Edited February 8, 2013 by Vanessa&Tony

[melb2012 2]

we are both living in Australia. We got a proper valuation done on the property...so we can't use that? Family size is 3, and we nearly meet the income alone but added the equity with it. Should we get a supervisor review?

[melb2012 2]

we are both living in Australia. We got a proper valuation done on the property...so we can't use that? Family size is 3, and we nearly meet the income alone but added the equity with it. Should we get a supervisor review?

[Villanelle 4,122]

Using equity in property is not a guarantee. Its going to be up to the person reviewing it. I understand you had the proper evaluation done, but equity is not a liquid asset. The value of a home is only what you can sell it for. Depending on the market- you may not be able to sell it for anything. You may sell it for less then the appraised value. There could be a change in the neighborhood and market values plummet. Look at the current market values in the US. A few years ago the housing markets were falsely inflated.

So its going to be at their discretion on whether or not home equity is going to be included as an asset. Seek a co-sponsor or find someone who can 'temp' loan you some (actually a lot of) cash to deposit into an account in your name to make up the difference in money your lacking if at all possible- and then afterwards return it to them.

[melb2012 2]

Thanks, Capri and Vanessa.

Tried to call the NVC but they were closed I think due to the snowstorm. I'll try again next week and find out if we need to send additional information to them or are they going to close our case and send it to Sydney for review.

I wonder how it usually works - do you need to submit more info to the NVC at this stage or will they let the consulate decide at time of the interview and still send it over now.

[melb2012 2]

Thanks, Capri and Vanessa.

Tried to call the NVC but they were closed I think due to the snowstorm. I'll try again next week and find out if we need to send additional information to them or are they going to close our case and send it to Sydney for review.

I wonder how it usually works - do you need to submit more info to the NVC at this stage or will they let the consulate decide at time of the interview and still send it over now.

The other thing I forgot to mention is that our property is in Australia so at the moment the real estate market is pretty good.

[Villanelle 4,122]

Well what happens is when you get to the embassy the officer there- the CO is going to be the one who makes the decision based on the papers they have and anything else you bring with you and present to them.

You were given an RFE for ques 23 on the 864. You completed it and were advised that while your 864 is now complete- it appears to meet the guidelines but its going to be subject to the approval of the CO because youre using a home equity to make up deficiency in income, and thats not a liquid asset. So they suggested you get a co-sponsor. You would bring the co-sponsors 864 with you to the interview for the fastest visa route, because if the CO says nope Im not approving this 864 with a home equity on it, you can instantly present the co-sponsors 864 and no interruption in the process. If you dont have the co-sponsors form with you, you get a lovely temp denial slip where you then have to come back later with your co-sponsors 864, wait for them to review it and finish processing your visa.

Tried to call the NVC but they were closed I think due to the snowstorm. I'll try again next week and find out if we need to send additional information to them or are they going to close our case and send it to Sydney for review.

? You can try to call them, but based on your first post-your last email from them stated-they "advising the consular officer will make a decision" Meaning they sent your case to the embassy or will be sending your case to the embassy soon. Like I posted above, you completed the form satisfactorily. They just dont know if its going to be approved or not.

[pushbrk 12,978]

Hi.

we are using assets and income to meet requirement. we had a RFE asking us to complete ques 23 on i864 form. We sent it in and been reviewed. Now they sent us an email advising theconsular officer will make a decision and that we dont appear to meet requirement. However we are well over it using equity on property and savings. Should we be worried? They suggested to use a cosponsor but why would we need to if we are using savings and equity that totals more than the double amount?

Any input is appreciated! Thanks guys!

This is a boilerplate answer from NVC. It means the income isn't high enough but they are sending the file to the Consulate anyway. I've seen the same message given to retired folks with significant assets. They are just saying the Consular Officer will make the decision. If you're confident the assets amount to enough, are liquid enough and well enough documented, no worries.

[melb2012 2]

Thanks for everyone's responses.

I just spoke to the NVC and found out our case was complete on February 6 and we have an interview scheduled for March!