Using assets of the intending immigrants

[giboun 0]

Hello guys,

I've just received my convocation letter to the Us embassy in Paris, France.

In this letter it is said that the financial documents' status is "incomplete". It says that I should come to the interview with a completed form.

However I don't really understand why it is incomplete.

I think we have filled correctly the affidavit of support I-864. We had to cope with 2 major issues :

1. My wife is a US citizen but she is not a US resident, she lives with me in France. The affidavit of support requires the sponsor to be a US resident but we showed with various letters and official documents that she plans to come back to the US in a near future. (bank account opening, letter from her grandma in NYC, job applications...).
   

   C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

   
   
2. My wife does not have a job in the US (therefore she does not have any income). We had to use my assets in France (Assets of the intended immigrants). Hopefully I have more than 3 times the poverty guidelines (in a french bank account in euros). I've read it does not matter if the assets are outside the US. I've used a letter from my bank stating that my assets can be convertible into cash within 12month, I've showed proof of ownerships,...

   Some/all of these assets are outside the United States; is this OK?

   Yes. However, the assets must be readily convertible to cash within 12 months and you must be able to demonstrate the ability to take the money or assets out of the country where they are located. Many countries have strict regulations that severely limit the amount of cash or liquid assets an individual may take or send abroad.

I see two potential failures but maybe I am all wrong :

a) We only have 3 times the poverty guidelines instead of five times. I've read that if the intending immigrant is the spouse of the US citizen, then the total value of our assets must only be equal to three times the difference between the total houshold income and the current poverty guidelines. What if the assets are solely owned by the intending immigrant and not the sponsor ? Is it still true ? I think so because they think in terms of household and we are married... right ?

b) I have not given any document to demonstrate the ability to take the money or assets out of the country where they are located. Does anyone know what kind of document can be showed to demonstrate that ? I searched everywhere but I could not find anyone having to deal with the same issue !!

Last but not least, I currently own a real estate property in France, should I include it into our assets ? Even if I my assets are above three times the poverty guideline ?

Thanks a lot for your help guys !

Best !

[Frips 166]

As I know if intending immigrant use her/his own assets they should be 5x the poverty guidelines. If USC spouse use her/his assets then is 3x.

We're also using my assets ( I'm an immigrant ) because we are just a couple of hundreds short. We have provided to NVC proofs of all assets ownership and a bank written statment that I can transfer my money to the US anytime.

If you include real estate value to your assets you should have recent appraisal, title deed, etc...

Edited February 9, 2015 by Frips

[Frips 166]

The status is incomplete because you are using assets ( no steady sponsor income in US). The consular will make final decision...

[giboun 0]

Thanks Frips.

So what you are saying is that anyone using assets instead of income should have the same status : "incomplete" ?

Regarding my real estate property, I am currently selling it and I have already accepted an offer. As always in France, the sell of the property will hapen in two steps. We've signed the first part of the sell and the second one will happen after the interview (enf of march).

Do you think that the official selling papers will be enough ?

Thanks

G

[Frips 166]

As I heard everyone using assets will get checklist.

Unfortunately I don't know....it depends on consul...

If you're planning to use this assets then you should bring new I864 to the interview and all of necessary documents....

Maybe someone else can give you more detailed information. We are still at NVC waiting for CC:(

You received email from NVC or From embassy?

[mallafri76 1,012]

My husband and I are also planning on using my assets, which in turn are ours since we're married. Assets when you're already married are three times the poverty line.

[Frips 166]

[quote name="mallafri76" post="7469465" timestamp="1423514988

Assets when you're already married are three times the poverty line.

Really? Even better:)

[giboun 0]

Thanks for your reply Mallafri76. This is what I thought.

Frips, can you share with us the content of the letter from your bank that states that you can transfer your money to the US ? I just need a model to ask my bank to do the same. Thanks a lot !

I've received the convocation letter from NVC and not the embassy. However I advise you to check asap the medical requirements (vaccins) and if there are specific requirement with your embassy. For exemple in Paris once you have received the convocation letter, you have to register online

Best

[Frips 166]

Of course.....this is my bank statement translation....

"Upon your request we approve that according to the Contract about opening and

managing the consumer bank account No. A############# from

"Date" and according to General terms and conditions for performing payment services for

consumers you are free to use the means on your bank account.

All payments within country or abroad you are having regard to applicable laws and regulations free to execute without limitations within the limit of the credit on your personal bank account."

I have already checked the medical requirements...just have to get influence shot:)

Good luck !

[mallafri76 1,012]

Thanks for your reply Mallafri76. This is what I thought.

I've received the convocation letter from NVC and not the embassy. However I advise you to check asap the medical requirements (vaccins) and if there are specific requirement with your embassy. For exemple in Paris once you have received the convocation letter, you have to register online

Can I ask if you were approved on assets alone or you had to get a joint sponsor? We are at the NVC right now and had a joint sponsor to be on the safe side but she has now pulled out and we're going with assets alone, like yoy did. Just curious how it went?