Status Adjustment Poverty Guideline

[Etrian 0]

I am an American K1-Visa petitioner that has some questions in regards to the poverty guideline.
Me and my fiancee beneficiary from Norway are now married, and we are doing the status adjustment.

 

I make around 3000 dollars below the 125% poverty guideline for 2 people.
My wife does however have around 12 000 dollars in her bank account, and we are wondering if it was possible to cite that as assets.

 

If it is possible to cite that as assets, would that be enough to fill the gap?

[mallafri76 1,012]

You sure can.  We also went through the US Embassy in Sweden and used pure assets to meet the poverty guidelines. You need three times the amount so if you're $3,000 short, you need $9,000 in assets and some change. They don't like you being right on the border.

 

Make sure you have bank statements to show the asset's been in your wife's account for at least a year. We also added a letter from my Bank Manager. You add the assets to your I-864. 

 

Ooops, just realized you're doing adjustment of status and not spousal visa but the same rule should apply.

Edited April 14, 2017 by mallafri76

[geowrian 22,337]

From the I-864 instructions:

"Item Numbers 6. - 9. 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 affidavit. Add together Item Numbers 6.-8. and enter the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets."

 

And

"Item Number 10. Total Value of 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 Federal 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 a foreign national orphan who will be adopted in the United States after he or she acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.

 

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."

 

Since you are sponsoring your wife, the 3x rule comes into play, so it sounds like you should be fine to meet these minimums. Keep in mind it's still up to them to determine the risk of becoming a public charge given the totality of the circumstances. Being right at the borderline and needing assets to makeup the difference may raise this concern and they may request a joint sponsor. Maybe not, but be prepared in case they do.

[TBoneTX 45,539]

*** Thread is moved from the K-1 Process forum to the AOS/Family-Based main forum -- OP is at that stage. ***

[Suss&Camm 2,213]

Edited: realized this was at AOS stage

3x is the rule for spouses as mentioned by previous posters.

Edited April 17, 2017 by Suss&Camm

[geowrian 22,337]

On 4/14/2017 at 4:46 PM, geowrian said:

Since you are sponsoring your wife, the 3x rule comes into play, so it sounds like you should be fine to meet these minimums. Keep in mind it's still up to them to determine the risk of becoming a public charge given the totality of the circumstances. Being right at the borderline and needing assets to makeup the difference may raise this concern and they may request a joint sponsor. Maybe not, but be prepared in case they do.

 

2 minutes ago, Suss&Camm said:

@geowrian is right, for a fiancé you need 5x not 3x the missing difference... you can add the $12k, but you would still be short.

Wow, good catch! I said wife and 3x....but this is for a fiancee, so it would be the 5x rule instead.

[Suss&Camm 2,213]

Just now, geowrian said:

 

Wow, good catch! I said wife and 3x....but this is for a fiancee, so it would be the 5x rule instead.

Lol we're going in circles hahaha

They are married now  

I thought I was in K1 forum hahaha

But married and i-864, sorry to confuse ya'll ;)

 

[geowrian 22,337]

3 minutes ago, Suss&Camm said:

Lol we're going in circles hahaha

They are married now  

I thought I was in K1 forum hahaha

But married and i-864, sorry to confuse ya'll

 

Whew....I got worried that I said the wrong thing initially. Then I reread it just now and completely missed they are in AOS. I think it's time to go to bed. haha

 

Nope, thanks for the confirmation! The 3x rule is correct here.

Edited April 17, 2017 by geowrian