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GSKhanuja

Using of Assets for filling Affidavit of Support

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Hi guys

 

My fiancé does not meet the required income for a k1 visa however she has good assets value like she has a house and owns two cars. If we decide to declare the value of assets will that be ok for the CO at the interview to issue a visa and not reject me due to low income.

 

We have no co-sponsor to our case and don’t want to find anyone either.

 

Please help...!!!

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29 minutes ago, GSKhanuja said:

Hi guys

 

My fiancé does not meet the required income for a k1 visa however she has good assets value like she has a house and owns two cars. If we decide to declare the value of assets will that be ok for the CO at the interview to issue a visa and not reject me due to low income.

 

We have no co-sponsor to our case and don’t want to find anyone either.

 

Please help...!!!

She wont be able to use the house as an asset if that is her primary residence. As far as I know.... The instructions are a bit weird on it but it says something similar that the asset has to be something that can be converted into cash within a year without hardship to the petitioner.... I might be wrong, so somebody pls correct me if that is the case.

Also the assets has to be five times the required amount...

 

Maybe it would be better to find a joint sponsor in your case.

 

 

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Technically a primary home can be used and considered, although the practicality of it when it's a primary home makes little sense except in very limited circumstances, IMO. It's not like one is going to realistically sell their home to support the intending immigrant. Refinance, maybe, which is where it may have some benfit in the totality of the circumstances consideration. But it would not be realistic to use it to meet the minimum levels.

The primary car would not qualify, but the second one can (with all appropriate documentation).

 

Assets for a fiance/fiancee fall under the 5x rule, although some COs may go by the 3x rule used for spouses of a USC (doesn't make much sense to treat it as 5x abroad for an NIV and 3x domestically for AOS shortly later). Expect the worse and hope for the better.

 

What is the income? Very borderline + the above may or may not be fine. Decently short: I would suggest increasing income or finding a co sponsor.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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They have become stricter in regards to the petitioner's ability to support the immigrant, so even if she does make just over the poverty limit you may still be denied a visa, or later on a greencard. Something tells me using her house and car to prove ability to support won't work out for you guys, but you can obviously try if you like. 


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC:

04-19-2019 - Earliest filing date

04-22-2019 - I-751 sent with USPS (AZ lockbox)

04-24-2019 - Delivered/Received date

04-30-2019 - Check cashed

04-30-2019 - NOA1 text/email (WAC)

05-03-2019 - NOA1 hardcopy/extension letter

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1 hour ago, geowrian said:

Technically a primary home can be used and considered, although the practicality of it when it's a primary home makes little sense except in very limited circumstances, IMO. It's not like one is going to realistically sell their home to support the intending immigrant. Refinance, maybe, which is where it may have some benfit in the totality of the circumstances consideration. But it would not be realistic to use it to meet the minimum levels.

The primary car would not qualify, but the second one can (with all appropriate documentation).

 

Assets for a fiance/fiancee fall under the 5x rule, although some COs may go by the 3x rule used for spouses of a USC (doesn't make much sense to treat it as 5x abroad for an NIV and 3x domestically for AOS shortly later). Expect the worse and hope for the better.

 

What is the income? Very borderline + the above may or may not be fine. Decently short: I would suggest increasing income or finding a co sponsor.

She is at 15,700 right and has some 10,000 in her bank account but I think that will just be over the poverty line guidelines and I was hoping if she could include one of her assets like she an extra house which her dad bought her but she doesn’t live there anymore and also she has an extra car which her dad gifted her and she can sell that car anytime to get cash out of it...

 

Do u think there will be still chances of getting a visa rejected due to income?

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She needs a better paying or an additional job. No way two people can live on $25 k (it’s actually a lot less when taxes are taken out). 

 

If no possibility of joint sponsor - give it couple of years until she’s earning enough. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Agreed - increasing income or a co sponsor is the wise approach.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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Keep in mind you won't be able to work for at least 6 months (ish) when you arrive so how does your fiance  plan on supporting you. They will take this into account if her income is not high enough and likely deny

Edited by designguy

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14 hours ago, GSKhanuja said:

She is at 15,700 right and has some 10,000 in her bank account but I think that will just be over the poverty line guidelines and I was hoping if she could include one of her assets like she an extra house which her dad bought her but she doesn’t live there anymore and also she has an extra car which her dad gifted her and she can sell that car anytime to get cash out of it...

 

Do u think there will be still chances of getting a visa rejected due to income?

Not enough.  Get a joint sponsor.  

 

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Making $15,000 in California is way too low

that is an expensive state

just understand the limits are the very basic (the poverty level) 

and to your benefit ,   immigration says she needs enough so a person doesn't live pay check to paycheck

with car insurance for 2 cars and property insurance on 2 houses ,  not sure how she does it on $15,000 for one person let alone 2

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