DS-5540 Asset question

[ol94 2]

I am preparing for my interview coming up soon, and I was not asked to submit a DS-5540 before.

However, today, I found it on the NVC website stating that it needs to be filled out, and multiple people saying it's best to fill it out before the interview in case they ask for it. I had no idea this was a thing that needed to be filled out, and wouldn't have found out until the interview had I not been triple checking everything.

I have a couple questions:

Can I list my bank account (spouse of the intending immigrant) under her assets? We are married, so these should be considered shared, right? It's not a joint bank account, as this country does not offer joint bank accounts. My wife is a homemaker and I earn all the income (we both live abroad).

Do we need proof for our statements? It never asks for proof, and in the instruction form for the DS-5440, it never refers to any documentation needing to substantiate what is written in the form. For instance, my wife graduated from high school and college. We can only really find her college degree. Do we even need to provide it?

Is there a general asset 'amount' needed? We have a very strong joint sponsor that makes over 200K USD per year, I wouldn't think this would be an issue. And I also bought very good US health insurance for my wife at the beginning of 2020.

 

Thank you for your help!

[Crazy Cat 41,981]

If the bank account is under your spouse's name, I would consider it as an asset of the immigrant.  The DS-5540 concerns the immigrant himself/herself.

Edited April 28, 2020 by Lucky Cat

[ol94 2]

40 minutes ago, Lucky Cat said:

If the bank account is under your spouse's name, I would consider it as an asset of the immigrant.  The DS-5540 concerns the immigrant himself/herself.

Ok, so husband's assets wouldn't count under a wife immigrant. Thanks.

Any idea if the documentation is needed?

It never refers to needing documentation of any sort, and stuff like a diploma needs to be translated and notarized, which I don't have time to do at this point before our interview.

Considering it's a CR1 visa, I don't really know why it's asking that question anyway, maybe for other work-based visas? Idk, the lack of clarity with this document is frustrating me.

[pushbrk 12,979]

9 hours ago, ol94 said:

Ok, so husband's assets wouldn't count under a wife immigrant. Thanks.

Any idea if the documentation is needed?

It never refers to needing documentation of any sort, and stuff like a diploma needs to be translated and notarized, which I don't have time to do at this point before our interview.

Considering it's a CR1 visa, I don't really know why it's asking that question anyway, maybe for other work-based visas? Idk, the lack of clarity with this document is frustrating me.

This is so new, I don't think it is clear whether the immigrant spouse would list their petitioner's assets, but the question on the form uses the words "available to...the immigrant.  In a spouse case, I would consider the petitioner's assets as "available to" the immigrant spouse and/or stepchildren.  However, it is too soon to know HOW the Consular officers will look at this or whether they will even care, if the petitioner sponsor is well qualified.

[Robyn-n-Kris 72]

I've been reading into this as it seems this has also taken over for those of us who would have normally filed the I-864W. I found some good instructions here for this new form.

 

https://www.boundless.com/immigration-resources/form-ds-5540-public-charge-questionnaire/