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inga44

Which is better - Assets or Immigrant Income for I-864

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My son, who is sponsoring my immigrant visa to the US does not currently have sufficient income to sponsor me, even with his wife's income included.  He is self-employed and moved just three years ago, and it takes time to bring his income back up. They do own their own home. 

 

I am immigrating from Canada, and my Social Insurance and Old Age Security will continue in the US, as I can demonstrate from Canadian Government web sites. 

 

The minimum required income, according to Poverty Guide Lines is $31,375 for a household of four. Son's current family income is likely to be above $22,000, but last year's income was under $20,000. Their property is county assessed at $108,592.00. Only 20% can be counted as income, so that would bring their figures to over $43,000, if they use their property as assets to make up for the difference of lack of income.

 

On the other hand, I can demonstrate continuing income of over $12,000 a year. That would bring total actual household income to just over $34,000 a year. (There's something about the immigrant having to live in the same house, but that will actually be so when I first get there, until our own house is built.)

 

So which would be better to use - their assets or my (immigrant) income?
 

Would it be helpful to use both? (Instructions say not to use assets if income is sufficient, but it's just barely sufficient.) I also own property in the US, but I don't want to get into it, because it is jointly owned with my husband who is a US citizen but can't sponsor me because he has not been living in the US. (Bottom line is that we'll do just fine, bringing the money from our Canadian property with us, but the issue is what is best to report to the US immigration department.)

 

I would appreciate some feedback - particularly  from any who have faced similar issues. 

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Your son needs a joint sponsor.

 

I presume you have sorted out your US Health Insurance needs and costed that in.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 minutes ago, Boiler said:

Your son needs a joint sponsor.

 

I presume you have sorted out your US Health Insurance needs and costed that in.

So you are suggesting that immigration may deny an applications with household income just barely over the required minimum income? (A joint sponsor is possible, but we have not started on that process. Was looking forward to moving failry soon.)

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Start by reading the I 864. I can see quite a few misunderstandings , there may be more.

 

But yes the short version is that your son will need a Joint Sponsor.

 

This is more a practical issue but seriously look at US Health care costs, you seem to have limited income.

 

 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 minutes ago, inga44 said:

are suggesting that immigration may deny an applications with household income just barely over the required minimum income?

That is absolutely possible. The CO makes a decision based on the totality of the circumstances.

Healthcare costs for the elderly are very significant in the US (expect 4 figures per month), so expect them to ask how those will be covered - unless your income/assets was enough to do so already (which doesn't appear to be the case).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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13 minutes ago, inga44 said:

So you are suggesting that immigration may deny an applications with household income just barely over the required minimum income?

Can definitely happen when the CO is evaluating the risk of the immigrant becoming a public charge.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

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Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

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10 minutes ago, Boiler said:

Start by reading the I 864. I can see quite a few misunderstandings , there may be more.

 

But yes the short version is that your son will need a Joint Sponsor.

 

This is more a practical issue but seriously look at US Health care costs, you seem to have limited income.

 

 

I have certainly studied the I-864, and my questions are based on that. The form allows using 20% of assets as income, and it also allows using the intended immigrant's income. A joint sponsor has to be able to demonstrate ability to support me independently, based on his income.

 

Your point about health care is a good one. Thanks for reminding me that I should be prepared for that question at the interview. 

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1 minute ago, Going through said:

Can definitely happen when the CO is evaluating the risk of the immigrant becoming a public charge.

In that case, it seems we should not just give evidence of income but as much in the way of assets as we possibly can. (That is contrary to official instructions which say not to list assets if income is above the required minimum. But different unofficial  rules might apply for retirees, with health insurance costs figured it. They probably don't care that I'm perfectly healthy and  don't generally see a doctor more than once every 5 years. ;) )

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1 minute ago, inga44 said:

I have certainly studied the I-864, and my questions are based on that. The form allows using 20% of assets as income, and it also allows using the intended immigrant's income. A joint sponsor has to be able to demonstrate ability to support me independently, based on his income.

 

Your point about health care is a good one. Thanks for reminding me that I should be prepared for that question at the interview. 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

Part 7 rules out the House they live in.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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20 minutes ago, Boiler said:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

Part 7 rules out the House they live in.

Well, that's sort of what I thought until I read this:
 

Quote
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. 

Of course, I understand that much can depend on the individual judgment of the interviewer.

From what I see on the https://www.healthcare.gov/ site,  I was pleasantly surprised that healthcare coverage from the marketplace should not be a problem. See https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

Edited by inga44

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You missed the bit about undue hardship.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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6 minutes ago, inga44 said:

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. 

There's this part above that, though:

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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1 minute ago, Boiler said:

You missed the bit about undue hardship.

I read that, but there's still the paragraph I quoted. But you may have a point .. depends on whether they apply the letter of the law which permits a liberal interpretation or whether they go beyond that. 

At any rate, according to your opinion here, we should probably include as much evidence of financial resources as we can. 

 

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Joint Sponsor is the safe bet.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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