trying to qualify using assets (split topic)

[Zhongguo 0]

I AM VERY sad to see gwinne's message that the NVC told her they "don't look at assets". I have a similar situation. I have lived in China 12 years now and have no job back in the States. But, I am married to a Chinese lady and want us to maove to the States. When I first started this procedure (over a year ago) my father was going to sponsor my wife, but he died before we were finished. So now I am trying to sponsor. We had the interview and they told us we needed a cosponsor. THEN, my inheritence was released. So, instead of submitting a cosponsor I-864 like they said I submitted a printout showing $200,000 in the bank (a joint account with my wife, in the States). They replied back: "Need a cosponsor"... I think WHAT??!! That is WAY over the: 2 people X 125% X 3 Years = $58,000

So, my question, if we can't use assets, why does the instruction page on their website say we can? OR, IF we CAN, HOW?

[KayDeeCee 4,900]

Why they seem to go against the actual I-864 instructions is the golden question. The instructions clearly state assets can be used, and list all the details about what assets and how much is acceptable. The fact they state they won't consider them is contradictory to the instructions. I have seen people successfully use assets in the past., so not sure why they stated that.

They also said the husband would need an I-864A and that is incorrect unless he has accompanying dependents . The intending immigrant spouse's assets can be listed on the USC petitioner/spouse's I-864, no I-864A needed in that case. It also clearly states this in the instructions and on the form as well.

[Ryan H 3,865]

***Posts split into separate thread as poster is posting about their own circumstances and not replying to the OP of the other thread.***

**Moderator hat off**

CO's have discretion on whether or not to accept an I-864 as is or reject it and ask for something different, even if the first form they see meets the guidelines.

Regarding the inheritance, from what you posted, that was released after the interview took place. Since that event happened after the interview and you were then able to deposit it into the bank, then it's not surprising it was rejected as CO's typically want to see large amounts of money in the bank for a significant period of time preceding the interview.

Edited January 4, 2015 by Ryan H

[KayDeeCee 4,900]

My response makes no sense here now really, since it mostly addressed the OP and what they were told by the NVC on the topic it was split from.

[Zhongguo 0]

Compared to many other cultures Americans are thought of as very "legally, to the letter of the law", very specific. But this is crazy. Is there no legal definition of “usable asset”? Does the money have to be in the bank 1 month, 3 months, 6 months, 10 years??

Has anyone had any luck asking them?? Being in China I have to use the embassy in Guangzhou. On their site they have a message window for questions; http://guangzhou.usembassy-china.org.cn/immigrant-visa-unit-question.html

I tried it once. After our interview when they said: “Need a cosponsor”. Because on my initial I-864 I had showed a letter from the banks legal department where dad had his living trust drawn up, specifications of what I was to get in the inheritance. (But the money wasn’t “in my bank account” yet). So after we got home like about 2 days later the money was released. So I went to the contact form and asked them “if I could submit a printout showing the money IS NOW IN the bank” Instead of a cosponsor? They DID reply! Their WHOLE reply was: “You can submit what you want”. With such a “noncommittal reply” I have been reluctant to ask anything else for fear of pissing them off. BUT, I may ask them soon. I don’t want to ask anyone else to sign this legal contract, I-864, putting themselves “on the line” like that when I CAN (by their own rules) do it!

[Darnell 8,479]

you can choose:

1. send off a new I-864 showing the stuff in the bank via citic bank courier, asking for Vice-Consul review in a cover letter that explains all of the circumstances, inviting the USA Citizen to reread about the assets portion or

2. ask for a Vice-Consul to review new stuff via the web email thingie for GUZ IV

in the end, the I-864 is evaluated on:

1. prior years tax data and

2. current years annual income

does 200K in assets trump all? unknown - but if I were in yer shoes, those are the 2 things I'd attempt. usually, email is replied [to] by PRC humans, rarely ever USCitizens, and even more rarely Vice-Consuls.

It takes some effort to get a Vice-Consul involved... Sure, it sucks, but (IMO) it's worth the effort.

I had to redo the I-864 2X with NVC and once again with GUZ IV - as the folk at NVC not understand my assets and the GUZ IV drone certainly did not understand the assets either. In the end, they accepted the I-864 as is , my assets sheets were bonafide and real. [i had money in the bank in 2013 from the sell of 2 companies with no W-2 income)

[Zhongguo 0]

COOL! Thanks much, that's what I hoped to hear, was at least one time someone was successful using assets. :+)