AOS.. Does the consulate HAVE to consider assets with income?

[Boiler 43,464]

When will you be able to return to work?

[Sunnybeach7 2]

28 minutes ago, Boiler said:

When will you be able to return to work?

I'm thinking of possibly in the next few weeks. I don't want to leave my mother unattended for long periods, especially since my son is only 14 and I have an autistic daughter (19) at home too.. but I'm thinking of trying to get some work at least in fast food over lunch for maybe 3 hours a day and see how that works out, then maybe add a few hours. I don't think I will be able to cover the full difference without using assets unless I can get up to at least 22 hours, maybe more if they won't hire me at the starting rates of $9 that they have been posting. (I have over 10 years experience in food service, so I'm hoping that won't be an issue).

Edited January 5, 2017 by Sunnybeach7

[evalili 10]

10 hours ago, Sunnybeach7 said:

We have enough, to make up the difference in assets (cash, retirement account) x8 (I know we only have to have x3).. but it seems they won't consider our assets at all. I did send them a year worth of proof for everything. Also I own the house, but I figured they wouldn't use it anyway since we live in it, so I don't count it in estimation for assets.

They will consider it at the interview. The NVC only looks at income. Like my case, my husband doesn't make enough due to the fact that he has only went back to the states and worked for 2 months when he filed petition for me, we are using assets, so when the NVC informed me that my husband doesn't make enough income, I should look for joint sponsor, I called them and asked about that and told them that we have enough assets. The officer told me that the consulate will do the calculation and put our assets into consideration.

Edited January 5, 2017 by evalili

[Sunnybeach7 2]

34 minutes ago, evalili said:

They will consider it at the interview. The NVC only looks at income. Like my case, my husband doesn't make enough due to the fact that he has only went back to the states and worked for 2 months when he filed petition for me, we are using assets, so when the NVC informed me that my husband doesn't make enough income, I should look for joint sponsor, I called them and asked about that and told them that we have enough assets. The officer told me that the consulate will do the calculation and put our assets into consideration.

We already had the interview and they wouldn't consider the assets at all. That's why I was wondering, if legally they had to consider them. Since we were not approved, I guess not. I was hoping someone knew something that I don't. We are just unlucky I think.

[evalili 10]

5 minutes ago, Sunnybeach7 said:

We already had the interview and they wouldn't consider the assets at all. That's why I was wondering, if legally they had to consider them. Since we were not approved, I guess not. I was hoping someone knew something that I don't. We are just unlucky I think.

What!? I think they legally have to consider your assets. you should talk to an immigration attorney.

[Jeanne Adil 1,651]

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

 

this site explains it and it ts the difference between income and 5x the needed income amount

this explains what assests and why main redisence is not used as people still need place to live (so to speak)

 

[evalili 10]

13 minutes ago, adil-rafa said:

http://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

 

this site explains it and it ts the difference between income and 5x the needed income amount

this explains what assests and why main redisence is not used as people still need place to live (so to speak)

 

Well, what he is saying is that he is the intending immigrant, so his assets needs to be x3 only, and that he has more than enough, despite the assets is x3 or x5. He has his cash in bank and his pension.

[Boiler 43,464]

The intending immigrants assets can be counted but they have not been mentioned.

[mallafri76 1,012]

What country was the interview? On the app, so can't see that.

 

Whose assets are you using, yours, your mum's or the foreign spouse's? 

 

We used only assets to meet the financial requirements. All assets were in my name and in my home country Sweden. We had to show bank statements and stock portfolio analysis going back a year, to show that the assets had been in my possession for at least a year. We also included a letter from my bank manager. 

 

Not sure how a retirement account works in the US, can you choose to withdraw the entire amount in one go or is it a certain amount on a regular basis?

[evalili 10]

3 minutes ago, mallafri76 said:

What country was the interview? On the app, so can't see that.

 

Whose assets are you using, yours, your mum's or the foreign spouse's? 

 

We used only assets to meet the financial requirements. All assets were in my name and in my home country Sweden. We had to show bank statements and stock portfolio analysis going back a year, to show that the assets had been in my possession for at least a year. We also included a letter from my bank manager. 

 

Not sure how a retirement account works in the US, can you choose to withdraw the entire amount in one go or is it a certain amount on a regular basis?

If I'm using cash in bank as an assets, does the money have to been in my account for at least a year? My interview is on January 10, so I would just like to ask before I go in.

[Sunnybeach7 2]

2 hours ago, mallafri76 said:

What country was the interview? On the app, so can't see that.

It was in Morocco

 

2 hours ago, mallafri76 said:

 

Whose assets are you using, yours, your mum's or the foreign spouse's? 

Mine and my mother's. The house is mine, though I'm sure they won't allow it to be counted.. bank account and IRA are my mother's (she's retired/disabled).

 

2 hours ago, mallafri76 said:

 

We used only assets to meet the financial requirements. All assets were in my name and in my home country Sweden. We had to show bank statements and stock portfolio analysis going back a year, to show that the assets had been in my possession for at least a year. We also included a letter from my bank manager. 

I also showed statements for a year for both accounts, but it didn't seem to matter at all.

 

2 hours ago, mallafri76 said:

 

Not sure how a retirement account works in the US, can you choose to withdraw the entire amount in one go or is it a certain amount on a regular basis?

You can always withdraw it. If you are below retirement age, you are penalized a certain amount. If you are above retirement age you can withdraw some or all of it.

 

[Sunnybeach7 2]

2 hours ago, evalili said:

If I'm using cash in bank as an assets, does the money have to been in my account for at least a year? My interview is on January 10, so I would just like to ask before I go in.

It's better if it has been. Though I think they mostly want to see that a large amount wasn't put into the account right before your interview.

[NikLR 13,220]

http://money.cnn.com/retirement/guide/IRA_Basics.moneymag/index6.htm - IRA withdrawals basic info

 

They won't consider a main house. 

 

The joint sponsor assets need to be 5x the difference.  The spouses need to be 3x the difference.  They can consider foreign assets, however they may require them to be 5x the difference even if they belong to the immigrant.  When you're from a difficult consulate like Morocco, all assets will be highly scrutinized. 

 

Be aware that a 221g is not necessarily a denial.  It may end up that way if you don't answer the 221g quickly enough or if the USCIS ends up denying or revoking the case after being sent back there.  

Edited January 6, 2017 by NikLR

[mallafri76 1,012]

On 1/5/2017 at 7:13 PM, evalili said:

If I'm using cash in bank as an assets, does the money have to been in my account for at least a year? My interview is on January 10, so I would just like to ask before I go in.

Sorry, just saw this now. Hope your interview went well? 

 

The CO that interviewed me asked for bank statement and stock portfolio analysis dating a year back. But different COs will probably view that differently 

[Thesmiths2016 117]

Note that you need to show the cash was accumulated gradually ... for example a year of bank statements showing it growing etc.  It has to show that the funds are yours and not just "borrowed" to get an application through. 

On 4 January 2017 at 4:59 PM, EM_Vandaveer said:

Is it not NVC that decides if the I-864 is sufficient or not?

As long as you meet the minimum requirement then apparently NVC will send it through. The consulate is who decides whether "enough" is good enough, or if they have suspicions that the funds or assets aren't going to be supportive enough.