Question about use of household assets

[noront 6]

My spouse did not make enough last year to meet the income cutoff. I believe we can make the shortfall with a combination of our assets. The assets would be: spouses car, fully paid off (we have a second car we co-own). My savings and investments, most of which are held in my home country.

 

My question is - do we need to show 5x the shortfall or 3x? I have seen different requirements. (Spouse is US Citizen.) Also, is there any issue with combining assets to meet the financial requirements?

 

This our preferred option rather than a co-sponsor or me trying to prove my income will continue from the same source after adjusting my status.

[SalishSea 16,772]

5 minutes ago, noront said:

My spouse did not make enough last year to meet the income cutoff. I believe we can make the shortfall with a combination of our assets. The assets would be: spouses car, fully paid off (we have a second car we co-own). My savings and investments, most of which are held in my home country.

 

My question is - do we need to show 5x the shortfall or 3x? I have seen different requirements. (Spouse is US Citizen.) Also, is there any issue with combining assets to meet the financial requirements?

 

This our preferred option rather than a co-sponsor or me trying to prove my income will continue from the same source after adjusting my status.

There is no way for anyone to answer this question without knowing which consulate.

[noront 6]

I don’t understand. I’m already in the US on a work permit. I am not applying at a consulate; I’m adjusting my status from within the US. I live in California though. I did not think the minimum income differed except for places like Hawaii or for military personnel.

Edited May 14, 2019 by noront

[SalishSea 16,772]

Just now, noront said:

I don’t understand. I’m already in the US on a work permit. I am not applying at a consulate; I’m adjusting my status from within the US.

See.....without a completed timeline, how would anyone reading your post know this?

[NikLR 13,220]

6 minutes ago, Jorgedig said:

There is no way for anyone to answer this question without knowing which consulate.

 

Just now, Jorgedig said:

See.....without a completed timeline, how would anyone reading your post know this?

By paying attention to which forum you're posting in?

Lol

OP it doesn't matter what consulate or that you're Adjusting Status, the answer for a spouse is always 3x the income amount.  And its always up to the discretion of the interviewing officer to accept said assets.  Make sure to document them well. 

[noront 6]

Just now, Jorgedig said:

See.....without a completed timeline, how would anyone reading your post know this?

Ok well I haven’t submitted the paperwork yet to start the process. When I do I will add a timeline. I will be adjusting from a work permit. 

[noront 6]

Just now, NikLR said:

 

By paying attention to which forum you're posting in?

Lol

OP it doesn't matter what consulate or that you're Adjusting Status, the answer for a spouse is always 3x the income amount.  And its always up to the discretion of the interviewing officer to accept said assets.  Make sure to document them well. 

Thanks!

 

It’s 3x the shortfall (so if shortfall is $5k then it would be $15k?) Or 3x the total amount ($21k+ for 2019 so approx $63).

 

I’ll do a forum search and see if there are more posts on this topic, but what sort of documentation would I need to properly document the mix of assets (a car, a mix of cash and investments held in US and CAD).  

 

Also if you’re Canadian (your avatar suggests you are) can you include RRSPs? They can technically be withdrawn early as cash with a penalty.

 

[SalishSea 16,772]

4 minutes ago, NikLR said:

 

By paying attention to which forum you're posting in?

Lol

OP it doesn't matter what consulate or that you're Adjusting Status, the answer for a spouse is always 3x the income amount.  And its always up to the discretion of the interviewing officer to accept said assets.  Make sure to document them well. 

Actually, consulate DOES matter, as some do not accept co-sponsors, some allow self-sponsoring via assets, etc.  And maybe my view is different than yours, but I still cannot discern any details about OP's situation.  "Adjusting from a work permit" is not very specific.

[noront 6]

11 minutes ago, Jorgedig said:

Actually, consulate DOES matter, as some do not accept co-sponsors, some allow self-sponsoring via assets, etc.  And maybe my view is different than yours, but I still cannot discern any details about OP's situation.  "Adjusting from a work permit" is not very specific.

My understanding is that I’m not applying through a consulate since I already live in the US  and work here on a work permit. What other information would be helpful for me to provide? 

 

Here’s some bknd info. Spouse is dual US/CAN citizen. I am CAN. Married almost 10 years. We were living in Canada when my company transferred me to the US two years ago. I’m here on an open-ended work permit (it’s good as long as I’m in the same job at the same company, duration of status.) No kids or other complicating factors.

[Lil bear 3,831]

16 minutes ago, noront said:

My understanding is that I’m not applying through a consulate since I already live in the US  and work here on a work permit. What other information would be helpful for me to provide? 

 

Here’s some bknd info. Spouse is dual US/CAN citizen. I am CAN. Married almost 10 years. We were living in Canada when my company transferred me to the US two years ago. I’m here on an open-ended work permit (it’s good as long as I’m in the same job at the same company, duration of status.) No kids or other complicating factors.

Read the Instructions for completing the I864 ... found on the USCIS website ... as it has detailed instructions about what assets can be used and how they must be documented 

[noront 6]

29 minutes ago, Lil bear said:

Read the Instructions for completing the I864 ... found on the USCIS website ... as it has detailed instructions about what assets can be used and how they must be documented 

I did read it. It’s not terribly specific about what sort of documentation is required.

[SalishSea 16,772]

You're adjusting status from a work visa, correct?  Not a spousal visa?

[NigeriaorBust 4,087]

  If your job is going to continue after change of status your income may be included. Foreign assets are generally not allowed ( it is hard for the US government to seize your non US home )  

[noront 6]

1 hour ago, Jorgedig said:

You're adjusting status from a work visa, correct?  Not a spousal visa?

Yes a work visa. Not a spousal visa.

 

[noront 6]

1 hour ago, NigeriaorBust said:

  If your job is going to continue after change of status your income may be included. Foreign assets are generally not allowed ( it is hard for the US government to seize your non US home )  

Thanks. I know I can include my income but I don’t believe my employer is willing to write me a letter attesting to the fact that my job will continue after I adjust my status. The job will continue but for reasons I’d rather not get into I don’t believe my employer will be willing to commit anything in writing to that effect. So I’m not sure how else I can prove it.

 

The foreign assets are cash savings and stocks/bonds/etfs which are easily sold and converted to cash (except for a small amount in a retirement savings account that will incur a financial penalty if I cash it in early.) there’s no real estate. 

 

Can I combine this with my US citizen spouse’s assets (vehicle fully paid off, one of two cars) to get a total asset value? That was one of my questions.

 

Does anyone here have experience with using assets of the USC sponsoring spouse or the intended immigrant spouse? Thanks!