I-864 INSUFFICIENT INCOME

[Josm 30]

Please if you could help me by clarifying the following questions:

1- my son filed a petition for me as a father and my wife as a stepmother petitions that were approved on June 2, my daughter had income in 2019 of $ 21,798.00 and my ex-wife was going to support us as a joint sponsor but unfortunately she has the income of the previous 3 years but was left without a job due to the current crisis.

2- my son earns 21,798.00 and my daughter makes 12,000 a year the income of the two could be used as sponsorship?

3- could my son's income of $ 21,798.00 be completed with assets of my current wife with an apartment in Colombia worth $ 80,000.00? and other assets that could add up to US $ 110,000.00?

[milimelo 4,196]

That’s nowhere near enough to sponsor one let alone two people. Your child needs to either get a better paying job or find a joint sponsor. 

[NancyNguyen 1,657]

Can't use a inteded immigrant's house as asset. It is time to find a new joint sponsor.

Edited June 9, 2020 by NancyNguyen

[SusieQQQ 11,584]

28 minutes ago, NancyNguyen said:

Can't use a inteded immigrant's house as asset. It is time to find a new joint sponsor.

You can in principle if they are prepared to sell it and use the proceeds  - from page 9/10 of the i864 instructions:

....you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement....

 Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit.

However in this case it doesn’t look like it’s worth enough as they will need 5x the income gap, and there are two of them being sponsored .

 

 

Edited June 9, 2020 by SusieQQQ

[Josm 30]

3 hours ago, SusieQQQ said:

En principio, puede hacerlo si están preparados para venderlo y utilizar los ingresos: de la página 9/10 de las instrucciones del i864:

.... puede presentar evidencia del valor de sus bienes, los bienes del inmigrante patrocinado y / o los bienes de un miembro del hogar que se pueden usar, si es necesario, para el apoyo de los inmigrantes potenciales. El valor de los activos de todas estas personas puede combinarse para cumplir con los requisitos necesarios ...

 Activos del inmigrante con intención. Usted puede usar los bienes del inmigrante potencial independientemente de dónde resida. El posible inmigrante debe proporcionar evidencia de tales activos con esta declaración jurada.

Sin embargo, en este caso no parece que valga lo suficiente, ya que necesitarán 5 veces la brecha de ingresos, y hay dos de ellos patrocinados.

 

 

on the instruction sheet I find this explanation and an example:

 

Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your
assets must equal at least five times the difference between your total household income and the current Federal Poverty
Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age
18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the
intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal
permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your
assets need only equal the difference.

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is
$22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000.
In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is
signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference
(5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000

[Just Paul 4,591]

3 hours ago, Wals said:

assets of my current wife with an apartment in Colombia worth $ 80,000.00

Sell that and convert it to cash and she can self sponsor.

 

Otherwise liquid assets in the US can be used.   You can not use the primary residence or car.  If you use something other than cash / savings / stocks / bonds / funds you need to show the value that it can be liquidated for.

 

When I did my I-864 at the consulate they marked a big red line thru everything I owned outside of the US.

[Josm 30]

14 minutes ago, Paul & Mary said:

Sell that and convert it to cash and she can self sponsor.

 

Otherwise liquid assets in the US can be used.   You can not use the primary residence or car.  If you use something other than cash / savings / stocks / bonds / funds you need to show the value that it can be liquidated for.

 

When I did my I-864 at the consulate they marked a big red line thru everything I owned outside of the US.

When combining the two incomes of my two children that this year add up to 37,000 plus 80,000 of the asset without selling it, can't you?

[SusieQQQ 11,584]

12 minutes ago, Wals said:

When combining the two incomes of my two children that this year add up to 37,000 plus 80,000 of the asset without selling it, can't you?

What is the total household size? That determines the required income.
 

The 80000 will cover $16000 ($80k/5) of the gap in income IF she can prove its value and that she is able to sell it and bring the money over (no exchange restrictions out of Colombia). Don’t know what the gap in income is.

 

15 minutes ago, Wals said:

When combining the two incomes of my two children that this year add up to 37,000 plus 80,000 of the asset without selling it, can't you?

I don’t understand exactly what you mean but if she’s not prepared to sell it then it is meaningless for use in supporting you in the US. 
 

 

[Josm 30]

2 minutes ago, SusieQQQ said:

What is the total household size? That determines the required income.
 

The 80000 will cover $16000 ($80k/5) of the gap in income IF she can prove its value and that she is able to sell it and bring the money over (no exchange restrictions out of Colombia). Don’t know what the gap in income is.

 

I don’t understand exactly what you mean but if she’s not prepared to sell it then it is meaningless for use in supporting you in the US. 
 

 

the size would be my 2 children

[SusieQQQ 11,584]

19 minutes ago, Wals said:

the size would be my 2 children

...and you and your wife....

[Just Paul 4,591]

39 minutes ago, Wals said:

When combining the two incomes of my two children that this year add up to 37,000

Only the joint sponsor and household members can combine income.

[Just Paul 4,591]

The house in Columbia will not count towards an I-864

[SusieQQQ 11,584]

20 minutes ago, Wals said:

the size would be my 2 children

Are you and your wife working? Retired? Any health issues?

When visas restart we are going to see more effects of the “totality of the circumstances” framework come in. 

[Josm 30]

18 minutes ago, SusieQQQ said:

Are you and your wife working? Retired? Any health issues?

When visas restart we are going to see more effects of the “totality of the circumstances” framework come in. 

if we work we have income from our own company which will continue and I would not want to sell the property in Colombia in Colombia, no health problem

[Just Paul 4,591]

1 minute ago, Wals said:

if we work we have income from our own company which will continue

If the company is in the US then there is no issue.