Using Assets for Affidavit of Support

[Adaline&Fouad 5]

Hi there, 

 

I'm the U.S. citizen spouse and we are currently waiting for our petition to be approved. I had a question in regards to my joint sponsor (my mother) using her assets to fill the financial requirement. I don't meet the requirements since I'm no longer employed in the U.S. as I'm living in Morocco with my husband.  I did the math but I want to make sure I did it correctly and if it is enough based on other people's experience using assets because the income wasn't enough. 

 

This is the website I used for my information https://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

 

The household would include my Mom and husband therefore the 125% of HHS Poverty Guideline is: $21,137

 

Her 2018 Income: $11,343 (she only worked half of the year so for 2019 it will be more) 

Difference: $9,794  ($21,137- $11,343) 

Multiply by 5 = ----->  Minimum Required Cash Value of Assets: $48,970

 

So if I understand correctly her cash value needs to be $48,970. She has a mutual fund which is almost double that amount as well as owning her house. Does anyone with experience or knowledge on this subject think its a safe bet to use her as our joint sponsor? 

 

Also, at the time of the interview have they already reviewed I-864 to decide if everything is correct and good to go? And if not do they notify you before the interview? 

[LilyJ 1,258]

Yes as the I864 instructions say the assets must be 5x the difference. Unless your mother owns more than one house, it cannot be used as a qualifying asset as assets used to qualify must be able to be easily converted into cash within 1 year and must not cause a hardship to do so. So unless your mother selling her house within 1 year or less wouldn’t be a hardship to her you can’t include it. No they won’t notify you before the interview, because they don’t know what the decision will be until you get there. The CO at the interview will be the one to make the decision on whether or not the joint sponsor is sufficient. Afaik, Casablanca is a particularly difficult embassy. So I’m not sure that just barely meeting the minimum with assets, on top of your mother’s 2018 income being only $11k and her current 2019 income being (presumably, since you said she only worked half the year last year) only ~$20k will fly in Casablanca. You may want to find another joint sponsor just in case, or consider returning to the US ahead of your husband and finding a job where you can qualify on your own 

[SalishSea 18,444]

42 minutes ago, Adaline&Fouad said:

Hi there, 

 

I'm the U.S. citizen spouse and we are currently waiting for our petition to be approved. I had a question in regards to my joint sponsor (my mother) using her assets to fill the financial requirement. I don't meet the requirements since I'm no longer employed in the U.S. as I'm living in Morocco with my husband.  I did the math but I want to make sure I did it correctly and if it is enough based on other people's experience using assets because the income wasn't enough. 

 

This is the website I used for my information https://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

 

The household would include my Mom and husband therefore the 125% of HHS Poverty Guideline is: $21,137

 

Her 2018 Income: $11,343 (she only worked half of the year so for 2019 it will be more) 

Difference: $9,794  ($21,137- $11,343) 

Multiply by 5 = ----->  Minimum Required Cash Value of Assets: $48,970

 

So if I understand correctly her cash value needs to be $48,970. She has a mutual fund which is almost double that amount as well as owning her house. Does anyone with experience or knowledge on this subject think its a safe bet to use her as our joint sponsor? 

 

Also, at the time of the interview have they already reviewed I-864 to decide if everything is correct and good to go? And if not do they notify you before the interview? 

I think your public charge risk will be high with this.  I'd pick a different joint sponsor, especially going through such a tough consulate.

[Boiler 47,083]

Another vote for a more obviously qualified sponsor.

[SalishSea 18,444]

OP, you will also need to research the domicile requirement.  You are seeking a family reunification visa, and going through a tough consulate, you will need to do things by the book.

[JeanneAdil 6,982]

you married just in April and applied in September/  u have a long wait ahead so you have time to make the necessary changes help the interview

you will find that living in Morocco does not help for the CR1/ matter of fact ,  they see you can live in Morocco and don't need the visa (that is the way it was put to another Moroccan man/ not a VJ member but a post on facebook)

it would be best to return to US (establish your residency here) 

get a job as you are the primary sponsor 

and file any upcoming taxes as married / expected in Moroccan embassy 

I know as i tried to have a joint bank account there and was told have to be a resident of Morocco / live there 18 months and then the bank would let me have joint account with my Moroccan husband

so, you need to establish commingling of finances /  How if you have none?

how can you prove you can buy his health care insurance?   no job so can not add him to a work policy

 

get back to the US

do this the right way to get approved

the way you are going at it will more than likely mean a denial

and BTW   Morocco does not have to accept a cosponsor 

they can look at your case and not even ask for one

 

[Nitas_man 3,100]

1 hour ago, Adaline&Fouad said:

Hi there, 

 

I'm the U.S. citizen spouse and we are currently waiting for our petition to be approved. I had a question in regards to my joint sponsor (my mother) using her assets to fill the financial requirement. I don't meet the requirements since I'm no longer employed in the U.S. as I'm living in Morocco with my husband.  I did the math but I want to make sure I did it correctly and if it is enough based on other people's experience using assets because the income wasn't enough. 

 

This is the website I used for my information https://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

 

The household would include my Mom and husband therefore the 125% of HHS Poverty Guideline is: $21,137

 

Her 2018 Income: $11,343 (she only worked half of the year so for 2019 it will be more) 

Difference: $9,794  ($21,137- $11,343) 

Multiply by 5 = ----->  Minimum Required Cash Value of Assets: $48,970

 

So if I understand correctly her cash value needs to be $48,970. She has a mutual fund which is almost double that amount as well as owning her house. Does anyone with experience or knowledge on this subject think its a safe bet to use her as our joint sponsor? 

 

Also, at the time of the interview have they already reviewed I-864 to decide if everything is correct and good to go? And if not do they notify you before the interview? 

I think you are taking a big risk here.  What’s the problem with you returning home and being gainfully employed before the interview.

[SalishSea 18,444]

Maybe OP's backup plan is to remain in Morocco in the very likely event of a visa denial.

[LilyJ 1,258]

1 hour ago, Jorgedig said:

Maybe OP's backup plan is to remain in Morocco in the very likely event of a visa denial.

Simultaneously that also makes the denial of the visa more likely. IMO better to do what’s needed to be done to increase the chances of approval and then move only after if it has been denied, instead of staying just in case while also decreasing approval chances

[carmel34 3,704]

5 hours ago, Adaline&Fouad said:

She has a mutual fund which is almost double that amount as well as owning her house.

The cash value of the mutual fund might be considered if she has other assets to live off or a retirement pension, depending on her age and how close she is to retirement.  The officer will consider the totality of the circumstances, if it would be a financial hardship for her to sell any assets used to qualify, cost of her healthcare, age, etc.  Since her annual income is so low they may scrutinize the assets to see how selling them would affect her quality of life.  If she owns her home they will assume she will continue to need a place to live so that's likely off the table.  They'll see the mutual fund in a similar way--she may need it to support herself given the low annual income.  Your best bet is to find another joint sponsor or return to the US now and find a stable job to support both you and your spouse without the help of anyone else.  Isn't that what you want to do anyway?  Why not start doing it and increase your chances of the visa eventually getting approved?  Good luck!

[pushbrk 13,498]

5 hours ago, Adaline&Fouad said:

Hi there, 

 

I'm the U.S. citizen spouse and we are currently waiting for our petition to be approved. I had a question in regards to my joint sponsor (my mother) using her assets to fill the financial requirement. I don't meet the requirements since I'm no longer employed in the U.S. as I'm living in Morocco with my husband.  I did the math but I want to make sure I did it correctly and if it is enough based on other people's experience using assets because the income wasn't enough. 

 

This is the website I used for my information https://www.***removed***/affidavit-of-support/using-assets-meet-income-requirements.html

 

The household would include my Mom and husband therefore the 125% of HHS Poverty Guideline is: $21,137

 

Her 2018 Income: $11,343 (she only worked half of the year so for 2019 it will be more) 

Difference: $9,794  ($21,137- $11,343) 

Multiply by 5 = ----->  Minimum Required Cash Value of Assets: $48,970

 

So if I understand correctly her cash value needs to be $48,970. She has a mutual fund which is almost double that amount as well as owning her house. Does anyone with experience or knowledge on this subject think its a safe bet to use her as our joint sponsor? 

 

Also, at the time of the interview have they already reviewed I-864 to decide if everything is correct and good to go? And if not do they notify you before the interview? 

It's not so much that your did the math wrong but that you did the wrong math.

 

First, her "current income" would be what she will make at her current job during the next twelve months, NOT what she made in any past calendar year.  Next week, 2019 will be the past.  Sounds like her income is in the low 20's, so with $100k or so in a mutual fund, she's fine.  Also, for the spouse of a US citizen the multiplication factor is 3, not 5.

 

So, technically, she qualifies, but this is a judgement call, not a finish line you cross by technically qualifying.  A better, more obviously qualified sponsor WITH a genuinely good reason to want to act as sponsor would be a better choice, if you can find one.

[Ryan H 3,857]

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