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Posted

Hi All,

I am American living in Thailand. My spouse is Thai and has assets to use on the I-864. I have read the I-864 instructions and it states that my spouse does not need to file an I-864-A. My wife receives a pension that will continue for the rest of her life. the amount of that pension is $15,000. She has a house that is appraised at $250,000 She has $30,000 in her savings. I have $41,000 in my savings and no job.

The I-864 instructions state that my spouse does not have to file a I-864a.

It states that the difference between the income (her pension) and the poverty guidelines needs to be 5 times the difference. We are a family of two and no children. So, $24737 - $15,000 = $9737 x 5 = $48,685

The figure $48,685 is the cash of assets we need to meet guidelines.

My question is this correct or am i missing something?

Here is what the form states:

Form I-864 Instructions 03/22/13 N
Page 6 of 13
b.
If you included the income of the intending immigrant who is your spouse (he or she would be counted on
Item Number 7.of Part 5), evidence that his/her income will continue from the current source after obtaining lawful
permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has
accompanying children.
6.-8.
Assets of the Intending Immigrant.
You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant
must provide evidence of such assets with this form. Form I-864A is not required to document the intending

immigrant's assets.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the
difference between your total household income and the current poverty guidelines for your household size. However,
if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be
equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the
United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under
section 320 of the Act, the total value of your assets need only equal the difference.
9
.
Total Value of Item Numbers 6. - 8. of Part 7.
Enter the number in this field.
1
0
.
Total Value of Assets.
Example of How to Use Assets:
If you are petitioning for a parent and the poverty line for your household size is
$22,062 and your current income is $18,062, the difference between your current income and the poverty line is
$4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household
member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five
times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets
equaled at least $20,000.
Thanks, any help would appreciated.
Posted

Yes correct, your wife does not need to file an I-864-A.

And on the I-864 instructions, it says that for spouses (and minor children), the difference between income and the poverty guidelines only have to be 3 times the difference (it's 5 times for other types of family members other than your spouse or minor child).

See here: "However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

02/2005 - We met

09/2013 - Got married

12/16/2013 - I-130 package sent to Frankfurt Consulate

12/18/2013 - Fee charged to credit card

12/23/2013 - Received NOA1

01/27/2014 - I-130 approved

01/29/2014 - I-130 Approval letter received

02/24/2014 - DS-260 submitted online

02/27/2014 - Package 3 sent to Frankfurt Consulate

03/11/2014 - Interview letter received (interview in mid-April)

04/15/2014 - Visa approved

04/19/2014 - Visa received

09/10/2014 - U.S. entry (became permanent resident)

06/27/2016 - Filed  I-751 Petition to Remove Conditions on Residence

07/08/2016 - Notice for biometrics appointment received

07/18/2016 - Biometrics appointment

10/27/2017 - Notice: New green card is being produced

 
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