I-864

[ws1889 19]

Hi Everyone,

 

This is a relatively straightforward question - I will file the I-864 for my wife based on assets and not income. Does the value of assets need to be 3x 100% or 125% the federal poverty limit? I couldn't find a clear answer on this.

 

Thank you!

[arken 4,197]

18 minutes ago, ws1889 said:

Hi Everyone,

 

This is a relatively straightforward question - I will file the I-864 for my wife based on assets and not income. Does the value of assets need to be 3x 100% or 125% the federal poverty limit? I couldn't find a clear answer on this.

 

Thank you!

Use 125% unless you are on active military duty or navy. It's clear in i864 instructions.

[ws1889 19]

13 minutes ago, arken said:

Use 125% unless you are on active military duty or navy. It's clear in i864 instructions.

Hi, in my observation, it's clear in situations based on annual income and not when calculating assets. Was hoping there may be some explicit guideline I was missing.

[AJ2019 58]

58 minutes ago, ws1889 said:

Hi Everyone,

 

This is a relatively straightforward question - I will file the I-864 for my wife based on assets and not income. Does the value of assets need to be 3x 100% or 125% the federal poverty limit? I couldn't find a clear answer on this.

 

Thank you!

actually it's 3X btwn the difference in ur annual income and the 100% of Federal Poverty Guidelines

 

"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."

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Edited July 31, 2021 by AJ2019
incorrectly said 5x initially.

[ws1889 19]

44 minutes ago, AJ2019 said:

actually it's 3X btwn the difference in ur annual income and the 100% of Federal Poverty Guidelines

 

"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."

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Hi, thank you for linking this - this is also what I read, but I wanted a second opinion - so it does appear pretty clear here that its 3x the 100% federal poverty guideline. Thank you!

[Chancy 6,233]

7 hours ago, AJ2019 said:

actually it's 3X btwn the difference in ur annual income and the 100% of Federal Poverty Guidelines

 

6 hours ago, ws1889 said:

so it does appear pretty clear here that its 3x the 100% federal poverty guideline.

 

Are you active duty military?  If so, then yes -- 3x 100% of federal poverty guidelines.  If not, it should be 3x 125%.  From https://www.uscis.gov/i-864p --

 

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to Process & Procedures ***

 

[pushbrk 12,106]

21 minutes ago, Chancy said:

 

 

Are you active duty military?  If so, then yes -- 3x 100% of federal poverty guidelines.  If not, it should be 3x 125%.  From https://www.uscis.gov/i-864p --

 

This is correct.  Those artificially inserting 100% in a sentence where it does not appear are engaging in "convenient interpretation".  In the context of US immigration, use "literal interpretation".   With no income, liquid assets (at minimum) need to be 3X the 125% for the household size for a spouse.  However, don't expect to be approved with anywhere near the minimum.  Consular Officers know that cash reserves get drained quickly between interview and finding employment in the USA.  Travel expenses, housing expenses, buying a car, job search expenses, rental and utility deposits etc.  Not all those apply to every couple but expect a Consular Officer to assume they do.

[ws1889 19]

7 hours ago, Chancy said:

 

 

Are you active duty military?  If so, then yes -- 3x 100% of federal poverty guidelines.  If not, it should be 3x 125%.  From https://www.uscis.gov/i-864p --

 

Hi, no - but I thought that maybe it's different because I am not going based upon US income (my income is foreign) and instead 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"

 

As the comment after yours mentioned, perhaps I have aimed towards 'convenient interpretation' here. Thanks for your comment

Edited August 1, 2021 by ws1889

[ws1889 19]

7 hours ago, pushbrk said:

This is correct.  Those artificially inserting 100% in a sentence where it does not appear are engaging in "convenient interpretation".  In the context of US immigration, use "literal interpretation".   With no income, liquid assets (at minimum) need to be 3X the 125% for the household size for a spouse.  However, don't expect to be approved with anywhere near the minimum.  Consular Officers know that cash reserves get drained quickly between interview and finding employment in the USA.  Travel expenses, housing expenses, buying a car, job search expenses, rental and utility deposits etc.  Not all those apply to every couple but expect a Consular Officer to assume they do.

Hi, thank you - that's good advice. It's complicated because I currently have a high income foreign position, but my income in this current position cannot be factored and my assets have just hit the appropriate threshold for USCIS according to my family size.

What you've mentioned regarding the minimum is interesting - I hadn't heard that before. I think in that case, I will probably get a joint sponsor just to be safe. I appreciate your comment.