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Natalie&Joe

affidavit and evidence of income.

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Hi can someone help me to find  the best way of proceeding with this situation.

We live abroad in China. My husband (USA citizen ) has a contact till June 2019 . His yearly income now and in previous years  are above poverty guidelines. We will be moving to the USA  in June 2019 but so far he does not have a signed contact for the new job.  We are filling out our affidavit now and plan to have the interview in end of February or in the beginning of March. I suppose it will give us time to finish his work contact here and move to the states before the  immigrant visa expires. The question about the affidavit and the supporting evidence. 

1. In affidavit we need to show only his yearly income for the last 3 tax years. That is not a problem as we meet the poverty guidelines. But will it be a problem during interview as his contact ends  in June 2019? 

or

Should we use assets, the savings combined with the value of the house in the states? If so, do we need to do the appraised value of the house? Has anyone done it?

 

2. Supporting evidence of income . 

In the USCIS web site it is stated that  he needs to provide the letter of employment and the pay stubs issued in the last 3 month. 

We can get a letter of employment but I dont know if the company can provide the stubs, not sure what  documents they use. They send his  pay directly to his bank account  in China and from there the money are transferred to his USA bank.  Will it be enough if the company provides the letter of employment and writes how much he was paid in the last year, month by month? 

 

Thank you 

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20 hours ago, Natalie&Joe said:

Hi can someone help me to find  the best way of proceeding with this situation.

We live abroad in China. My husband (USA citizen ) has a contact till June 2019 . His yearly income now and in previous years  are above poverty guidelines. We will be moving to the USA  in June 2019 but so far he does not have a signed contact for the new job.  We are filling out our affidavit now and plan to have the interview in end of February or in the beginning of March. I suppose it will give us time to finish his work contact here and move to the states before the  immigrant visa expires. The question about the affidavit and the supporting evidence. 

1. In affidavit we need to show only his yearly income for the last 3 tax years. That is not a problem as we meet the poverty guidelines. But will it be a problem during interview as his contact ends  in June 2019? 

or

Should we use assets, the savings combined with the value of the house in the states? If so, do we need to do the appraised value of the house? Has anyone done it?

 

2. Supporting evidence of income . 

In the USCIS web site it is stated that  he needs to provide the letter of employment and the pay stubs issued in the last 3 month. 

We can get a letter of employment but I dont know if the company can provide the stubs, not sure what  documents they use. They send his  pay directly to his bank account  in China and from there the money are transferred to his USA bank.  Will it be enough if the company provides the letter of employment and writes how much he was paid in the last year, month by month? 

 

Thank you 

If you can make it with assets he doesnt need a job

No matter what he made the last 3 years they tick “zero” at the embassy unless he’s actively working in the US

The instructions say appraisal minus what you owe on fixed assets I believe.  If it’s your primary home I dont know if they treat that as liquid / easily converted to cash.  Good luck!

Edited by Nitas_man

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The only "current income" you can use to qualify, is income that will continue from the SAME SOURCE, once back in the US.  Unless you have qualifying LIQUID assets, your description of your circumstances indicates the need for a qualified joint sponsor.


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5 hours ago, Nitas_man said:

If you can make it with assets he doesnt need a job

No matter what he made the last 3 years they tick “zero” at the embassy unless he’s actively working in the US

The instructions say appraisal minus what you owe on fixed assets I believe.  If it’s your primary home I dont know if they treat that as liquid / easily converted to cash.  Good luck!

Thank you so much. That was a surprise. 

 

I have checked the instructions for affidavit form i-864 regarding the assets,  its states that the home can be used as an asset

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.

 

Or maybe I am missing something. 

 

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3 hours ago, pushbrk said:

The only "current income" you can use to qualify, is income that will continue from the SAME SOURCE, once back in the US.  Unless you have qualifying LIQUID assets, your description of your circumstances indicates the need for a qualified joint sponsor.

thank you .

I am looking into using liquid assets and as a back up plan will look for joint sponsor. 

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1 minute ago, Natalie&Joe said:

thank you .

I am looking into using liquid assets and as a back up plan will look for joint sponsor. 

Then carefully study the portion of the I-864 instructions that describes what is considered a "liquid" asset.  A house outside the USA, does not, for example.


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2 minutes ago, pushbrk said:

Then carefully study the portion of the I-864 instructions that describes what is considered a "liquid" asset.  A house outside the USA, does not, for example.

Thanks, I  definitely will do. 

We have savings in the USA bank and the house is in the USA also. The house still have  a mortgage on it but most of it is paid so I guess that should be more enough to have 3 times of 125% of poverty guidelines. 

 

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1 hour ago, Natalie&Joe said:

Thank you so much. That was a surprise. 

 

I have checked the instructions for affidavit form i-864 regarding the assets,  its states that the home can be used as an asset

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.

 

Or maybe I am missing something. 

 

You are not.  I used assets for the same reason as you are asking (we lived overseas) and that is my recollection of the instructions.  

I’m pretty sure we wouldn’t have a joint sponsor so it was “all in” from my side LOL

It is the “liquidity” question that sometimes is unclear and subjective to interpretation by the CO however as you are exactly following the criteria layed out in the instructions I believe you will be OK. 

Good luck!

Edited by Nitas_man

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2 minutes ago, Nitas_man said:

You are not.  I used assets for the same reason as you are asking (we lived overseas) and that is my recollection of the instructions.  

It is the “liquidity” question that sometimes is unclear and subjective to interpretation by the CO however as you are exactly following the criteria layed out in the instructions I believe you will be OK.

Thank you so much for taking time to answer questions. 

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2 hours ago, Natalie&Joe said:

 

 

Or maybe I am missing something. 

 

 Actually, yes, you are missing something.  While you CAN include equity in your primary residence, it is NOT liquid.  If you sold it, you would have no place to live, so doing so would result in "undue harm to the sponsor" or whatever the exact words are in the instructions.  Don't assume.  Study the instructions.


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Generally speaking you can't use a primary residence (or what will be your primary residence) or vehicle. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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14 hours ago, pushbrk said:

The only "current income" you can use to qualify, is income that will continue from the SAME SOURCE, once back in the US.  Unless you have qualifying LIQUID assets, your description of your circumstances indicates the need for a qualified joint sponsor.

I was kinda afraid of that but it seems a couple of people on here pulled that off.

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5 hours ago, NikLR said:

Generally speaking you can't use a primary residence (or what will be your primary residence) or vehicle. 

Words mean things.  One definitely CAN "use" the equity in the primary residence, by listing and documenting it on the affidavit of support, it is not LIKELY to be considered "liquid" by the Consular Officer making the actual judgment call on the public charge concern.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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3 hours ago, Nitas_man said:

I was kinda afraid of that but it seems a couple of people on here pulled that off.

That some have "pulled that off" is not a reason for confidence.  Try it?  Sure, but with a qualified joint sponsor as backup, or being prepared for a delay while one is found, and affidavit executed, delivered and evaluated.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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2 hours ago, pushbrk said:

Words mean things.  One definitely CAN "use" the equity in the primary residence, by listing and documenting it on the affidavit of support, it is not LIKELY to be considered "liquid" by the Consular Officer making the actual judgment call on the public charge concern.

You're right, likely won't be able to would have been a better way to say it than can't


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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