Jump to content

10 posts in this topic

Recommended Posts

Filed: F-2A Visa Country: Nepal
Timeline
Posted
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.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted
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.

Filed: K-1 Visa Country: Kuwait
Timeline
Posted (edited)
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 by AJ2019
incorrectly said 5x initially.
Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted
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!

Posted
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 --

 

image.png.f6ff7f140ed5d78411407dd58b89d750.png

Filed: Other Country: China
Timeline
Posted
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 --

 

image.png.f6ff7f140ed5d78411407dd58b89d750.png

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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted (edited)
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 --

 

image.png.f6ff7f140ed5d78411407dd58b89d750.png

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 by ws1889
Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted
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.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...