I-864 Asset Question

[mcuzin1985 13]

I have posted on here about my situation that by the time I have my interview for AOS, I will no longer be working in Afghanistan. And for the I-864 I will have to use Assets as the way to "provide" for my wife. I was curious if anyone has ever used a house that your spouse has in thier foreign country?

My only concern is the document only states that she purchased the house but it does not state the price. Also they do not have any type of appraisal process like we do in the United States so are we able to just put down how much she paid for the house back in 2010?

[Penguin_ie 5,994]

A purchase price from 3 years ago will definitely not count, you will need some way to show what the house is worth now. Maybe a couple of evaluations from reputable, big name estate agents, and the prices of houses recently sold in the area.

Foreign assets are not usually counted. Can your wife sell the house and transfer the proceeds to your US bank account?

[mcuzin1985 13]

That is what I figured. Only reason I asked is they have a space in Part 6 question 7 about the immigrant for value of house assets. Can anyone else chime in on whether or not USCIS is able to use foreign real esate as assets?

And we aren’t looking to sell her house for another 5-10 years as the Kyrgyzstan housing market is starting to climb dramatically due to the increase in tourism....

[Penguin_ie 5,994]

You may want to read through AOS interview reviews and see if foreign assets are mentioned- I know with US embassies, some allow it and some do not, it is likely similar with USCIS offices within the USA.

[Arinlars 19]

I have a similar question(kind of), I brought some money over to the US with me as any immigrant. Should I write on the assets part? My husband is over the 125% poverty limit. It says I don't have too in the Form, but its optional or I should skip the whole assets part?

[DavenRoxy 1,073]

That is what I figured. Only reason I asked is they have a space in Part 6 question 7 about the immigrant for value of house assets. Can anyone else chime in on whether or not USCIS is able to use foreign real esate as assets?

And we aren’t looking to sell her house for another 5-10 years as the Kyrgyzstan housing market is starting to climb dramatically due to the increase in tourism....

The rules for assets are that they must be able to be sold within one year. And for real estate, a current appraisal would be required. Since the property is foreign, I would imagine the same rules apply, but there will be lost money on the exchange bringing the money to the US.

As to the original question, the income you list needs to be from last years' tax return, not this year's income, unless requested. See instructions for Part 6. Item 5. for the I-864. It may seem wrong, but they go by your last ITR. CURRENT income is usually only used if it improves your income, not if it shows it to be lower.

I have a similar question(kind of), I brought some money over to the US with me as any immigrant. Should I write on the assets part? My husband is over the 125% poverty limit. It says I don't have too in the Form, but its optional or I should skip the whole assets part?

If over the 125%, no need to list other assets. Nothing wrong with doing so, but not necessary.

[Arinlars 19]

Thank you

[KayDeeCee 4,893]

The rules for assets are that they must be able to be sold within one year. And for real estate, a current appraisal would be required. Since the property is foreign, I would imagine the same rules apply, but there will be lost money on the exchange bringing the money to the US.

As to the original question, the income you list needs to be from last years' tax return, not this year's income, unless requested. See instructions for Part 6. Item 5. for the I-864. It may seem wrong, but they go by your last ITR. CURRENT income is usually only used if it improves your income, not if it shows it to be lower.

If over the 125%, no need to list other assets. Nothing wrong with doing so, but not necessary.

This is absolutely incorrect. You do NOT list your income from your last tax return. You list your CURRENT annual income as stated on the form AND the I-864 instructions. Please read Page 5, #5 of the I-864 instructions. You list your current annualized/expected income. You prove your current income with a letter from your employer and/or recent pay stubs, It also states you are not required to submit the additional info unless instructed to, but there are many many RFEs asking for proof of current income, so people should just send it instead of counting on it being optional. Current income is not last year's income unless the amount is one in the same.

You list the total income from your tax returns in the appropriate place on the I-864, starting at Part 6, #13a.

[DavenRoxy 1,073]

Sorry, and thanks for the correction, Jay-Kay. That'll learn me to post when I haven't slept in 20 hours!! I think because I was high enough above poverty, that part didn't stick in my brain, though providing last year ITR did stick. (I didn't submit any proof of income, no letters, etc.)

And you do list income from last 3 returns later in part 6, as you alluded to.

Thanks for keeping me honest!