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How do I find out if a consulate is friendly to assets?

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Filed: Other Country: Brazil
Timeline

So this is the situation. I am a student who does not meet support threshold ( I make <10k/yr US) My foreign partner has assets (land/cash) thats meets the 5x asset test. However I have read that not all consulates accept this. How do i find out if the Rio consulate is friendly to asset heavy proof of support provided by foreign spouse?

Thanks so Much!

Rdj2Pitt

Edited by RDJ2PITT
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Filed: Lift. Cond. (apr) Country: China
Timeline

Whether or not a CO will accept assets is done on a case by case basis, the country where the interview takes place has nothing to do with it.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The land may be problematic as it is outside of US jurisdiction and may not be easily convertible to cash within a year.

From the I-864 instructions: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

So this is the situation. I am a student who does not meet support threshold ( I make <10k/yr US) My foreign partner has assets (land/cash) thats meets the 5x asset test. However I have read that not all consulates accept this. How do i find out if the Rio consulate is friendly to asset heavy proof of support provided by foreign spouse?

Thanks so Much!

Rdj2Pitt

I wasn't sure if my consulate (Montreal) would accept my joint sponsor because though she made just above their poverty guidelines, she had a lot of assets. The NVC suggested I take another "backup" joint sponsor's I864 with me to the interview. I did and that might have saved me a 221g :)

There's no way to know for sure but if you want to be on the safe side, just have another joint sponsor in case who makes well above the poverty guidelines.

USCIS Stage (at Nebraska Service Center) (5 months, 21 days):
October 5, 2014 - Filed I-130
October 9, 2014 – NOA 1
March 25, 2015 – NOA 2 – Approved!


NVC STAGE (5 months, 28 days, including transit time):

April 17, 2015 - Received Case NVC Welcome Letter and AOS Invoice
April 22, 2015- Paid AOS Bill Online

April 23, 2015 – Completed DS-261
April 26, 2015 – Sent AOS Package via Electronic Processing
May 1, 2015 – Sent IV Package via Electronic Processing

July 20, 2015 – Received IV Invoice

July 27, 2015 – Paid IV Invoice

August 1, 2015 - DS-260 Completed
September 8, 2015 - Case Complete
September 18, 2015 - Interview Date Assigned -->>>>(October 26, 2015 @ 8:30am)

September 22, 2015 – Packet 4 Received (via Email)

Medical/Consulate/POE (42 days):
September 28, 2015 - Medical at Dr. Lyndon's in Toronto
October 26, 2015 – Interview in Montreal: VISA APPROVED!!!!

October 27, 2015 - CEAC status changes to Issued
October 30, 2015 - Passport in hand (Picked up from Brampton)
November 8, 2015 - POE (Peace Bridge, Canada-US Border)

 

In the United States:

November 18, 2015 - Received SSN in mail (I ticked the box on the DS-260 for it to be delivered)

December 5, 2015 - Received Conditional Green Card in mail

 

Removal of Conditions:

August 28, 2017 - Mailed I-751 package with USPS to VSC

August 30, 2017 - Per USPS tracking, package was delivered to St. Albans, VT

September 7, 2017 - VSC cashed check

September 11, 2017 - Received NOA (receipt date of Aug 31)

September 23, 2017 - I-797C Received (receipt date of Sept 15)

October 6, 2017 - Biometrics Appointment

August 13, 2018 - I-797 Received (receipt date of August 6) extending status for 18 months

November 13, 2018 - I-751 Approval

November 21, 2018 - New 10-Year Green Card In Hand

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Filed: IR-1/CR-1 Visa Country: Sweden
Timeline

Have you tried emailing the US embassy which will handle the interview? Or looked at the Q&A part on their website? That's how we found out that the US Embassy in Sweden accepts assets, even in the foreign spouse's name and held in Sweden. Says so in the Q&A session of their website and also confirmed when I emailed the US Embassy in Sweden. With that said, it's still up to the CO interviewing to make the final decision on a case by case basis. But at least by contacting the embassy and reading on their website, you can figure out if it's a totally no go or if they are very open to it.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

I just got approved in Rio with my CR1 case. White we were applying, my mother-in-law discovered that one of her friends' daughter is a CO stationed in Brazil (not in Rio though).

We wrote her an email asking for tips and she told her that Rio is very lenient with immigrant visas and the rate of approval is very high (that was my impression from my interview day too). But there are two things they are very strict about:

1. Previous overstays and deportation;

2. Financial ability to support applicant

So I would be careful with filing using assets. You probably should find a joint sponsor before you send your documents to the NVC.

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