Cash Assets As Proof of Income for I-864

[jessica13 4]

I am currently trying to apply for a green card for my husband. We have been together for nearly 10 years (since high school) and have been married for 1.5 years in California.  We are both currently in DC as we are finishing our masters degrees. Although I was born in the US, both my parents are not US citizens. I have never filed tax as I receive cash support from my non-US citizen parents who are nice enough to pay for my tuition and expenses for all these years. My husband also receives cash support from his parents as well. As I was going through the requirements for using cash assets as a proof of income, my parents in law offered to give us 150k as cash gift so that we can use this money as a proof of asset and as a down payment for our future first home after we graduate grad school and start working. It is a tradition in China that the husband's parents provides a house or down payment for the couple so that they could start their own family. (Obviously we are trying to use this cash gift as a proof as well). I know that 150k is quite over the amount needed for the 3x or 5x income threshold. And I also understand that this amount of money needs to be placed in the bank account for at least 1 year as well. But here comes the more specific questions:

 

1. As I am the sponsor, is the 150k required to be sitting in my solo saving account? Or is it acceptable is the 150k is sitting in our joint savings account?

2. My parents in law are from China. While China has very strict policies of limiting money going out of China, they limit each Chinese citizen to a certain amount of cash being transferred to overseas. His parents have been sending cash for tuition and assistance and those already totaled to around 80-100k a year. Is it okay if my husband's relatives' name show up on the bank statements and show the proof that my husband's parents have paid Chinese RMB to those relatives just to get the money out of China? 

3. For the "at least 12 months of bank statements", is it okay if I submit the green card application forms first, and show them the 12 months of bank statements during the interview? So that the money will have sat at the bank for 12 months at the moment of the interview? Or does the money have to sit in the bank for 12 months before my submitting any application?

4. I will be receiving job offers in Late April/Early May 2023, which is the time we are trying to schedule the visa interview at. Does my job offer of 75k annually a better option than showing cash assets to the visa officers?

 

Thank you for reading this! I really need some help here!

[Redro 4,611]

10 minutes ago, jessica13 said:

I am currently trying to apply for a green card for my husband. We have been together for nearly 10 years (since high school) and have been married for 1.5 years in California.  We are both currently in DC as we are finishing our masters degrees. Although I was born in the US, both my parents are not US citizens. I have never filed tax as I receive cash support from my non-US citizen parents who are nice enough to pay for my tuition and expenses for all these years. My husband also receives cash support from his parents as well. As I was going through the requirements for using cash assets as a proof of income, my parents in law offered to give us 150k as cash gift so that we can use this money as a proof of asset and as a down payment for our future first home after we graduate grad school and start working. It is a tradition in China that the husband's parents provides a house or down payment for the couple so that they could start their own family. (Obviously we are trying to use this cash gift as a proof as well). I know that 150k is quite over the amount needed for the 3x or 5x income threshold. And I also understand that this amount of money needs to be placed in the bank account for at least 1 year as well. But here comes the more specific questions:

 

1. As I am the sponsor, is the 150k required to be sitting in my solo saving account? Or is it acceptable is the 150k is sitting in our joint savings account?

2. My parents in law are from China. While China has very strict policies of limiting money going out of China, they limit each Chinese citizen to a certain amount of cash being transferred to overseas. His parents have been sending cash for tuition and assistance and those already totaled to around 80-100k a year. Is it okay if my husband's relatives' name show up on the bank statements and show the proof that my husband's parents have paid Chinese RMB to those relatives just to get the money out of China? 

3. For the "at least 12 months of bank statements", is it okay if I submit the green card application forms first, and show them the 12 months of bank statements during the interview? So that the money will have sat at the bank for 12 months at the moment of the interview? Or does the money have to sit in the bank for 12 months before my submitting any application?

4. I will be receiving job offers in Late April/Early May 2023, which is the time we are trying to schedule the visa interview at. Does my job offer of 75k annually a better option than showing cash assets to the visa officers?

 

Thank you for reading this! I really need some help here!

Just want to check... are you applying for adjustment of status or will your husband interview in his home country? 

ETA: You don't get to choose when the interview happens. 

 

Edited June 18, 2022 by ROK2USA

[Ontarkie 14,280]

~~Moved to AOS from WOrk, STudent and Tourist Visas, form IR1/CR1 P&P - the OP and spouse are already living in the US~~

[jessica13 4]

11 minutes ago, ROK2USA said:

Just want to check... are you applying for adjustment of status or will your husband interview in his home country? 

ETA: You don't get to choose when the interview happens. 

 

Yes I believe we are applying for adjustment of status. Although I am not sure if he is able to "adjust his status" from F1 student visa to green card via marital if he is graduating in May 2023.

[Redro 4,611]

Just now, jessica13 said:

Yes I believe we are applying for adjustment of status. Although I am not sure if he is able to "adjust his status" from F1 student visa to green card via marital if he is graduating in May 2023.

They've moved your question to the correct forum "Adjusting from Work/Student and Tourist Visas". Your husband will be able to adjust from student visa. 

You can read the guides here for all the forms you'll fill out:

 

Unfortunately, you can't wait until the interview to show you have sufficient assets. You'll need to send in the proof when you file the paperwork.

Is it possible to obtain a joint sponsor? Do you have any friends or family members who are willing to help you out? 

[Rocio0010 5,579]

Assets are tricky . Find a joint sponsor 

[jessica13 4]

33 minutes ago, ROK2USA said:

They've moved your question to the correct forum "Adjusting from Work/Student and Tourist Visas". Your husband will be able to adjust from student visa. 

You can read the guides here for all the forms you'll fill out:

 

Unfortunately, you can't wait until the interview to show you have sufficient assets. You'll need to send in the proof when you file the paperwork.

Is it possible to obtain a joint sponsor? Do you have any friends or family members who are willing to help you out? 

I will have the 150k in my account soon. Yet, it will probably reach the 12 month bank statements proof requirement only at the time of the interview that is possibly going to be months or up to 1 year later from the application date.

[jessica13 4]

2 minutes ago, Rocio0010 said:

Assets are tricky . Find a joint sponsor 

Is it okay if I try for assets first, and if the officers request a joint sponsor, then I try for a joint sponsor? If they ask for a joint sponsor during the interview, it is not considered as a "denial of visa" right? 

[Redro 4,611]

4 minutes ago, jessica13 said:

I will have the 150k in my account soon. Yet, it will probably reach the 12 month bank statements proof requirement only at the time of the interview that is possibly going to be months or up to 1 year later from the application date.

Assets are tricky. 

They might send you an RFE after you send the application in. 

I would document where they money came from and why you suddenly have $150K in your account when you don't work and haven't filed taxes. 

 

ETA: From my understanding the review the I-864 before you even get to interview... they'll review it a few months after you send in the application. 

Edited June 18, 2022 by ROK2USA

[Rocio0010 5,579]

3 minutes ago, jessica13 said:

Is it okay if I try for assets first, and if the officers request a joint sponsor, then I try for a joint sponsor?

You can try, but they’ll send you an RFE and that will delay the process even more.

 

3 minutes ago, jessica13 said:

If they ask for a joint sponsor during the interview, it is not considered as a "denial of visa" right? 

They’re going to ask for it before the intervie.

Edited June 18, 2022 by Rocio0010

[jessica13 4]

4 minutes ago, ROK2USA said:

Assets are tricky. 

They might send you an RFE after you send the application in. 

I would document where they money came from and why you suddenly have $150K in your account when you don't work and haven't filed taxes. 

 

ETA: From my understanding the review the I-864 before you even get to interview... they'll review it a few months after you send in the application. 

If I were to use the 150k as an asset proof,  would be better if the money is in our joint account? Or should I put it in my own account so that it is in the "sponsor's" account?

[Redro 4,611]

Just now, jessica13 said:

If I were to use the 150k as an asset proof,  would be better if the money is in our joint account? Or should I put it in my own account so that it is in the "sponsor's" account?

Personally, if you want to use assets I would only file once the money has been in your bank account for 12 months. You're setting yourself up for an RFE. 

You could put it in the joint account OR your own account but when you submit your supporting financial documents you won't have had the money in the account for the requisite amount of time so it doesn't matter. 

 

An extremely suspicious person might believe your husband's parents are paying you for his green card (because you'll be documenting the money comes from them). So, in your account or his.. the source of the money could be problematic. 

 

Do you have anyone able to joint sponsor if you do receive an RFE? 

 

It has been suggested before BUT I would submit the forms with a joint sponsor and when you get to the interview stage show you are qualified to support your husband alone. 

 

[SalishSea 17,928]

24 minutes ago, jessica13 said:

the interview that is possibly going to be months or up to 1 year later from the application date.

Try two years.....

[SalishSea 17,928]

16 minutes ago, jessica13 said:

If I were to use the 150k as an asset proof,  would be better if the money is in our joint account? Or should I put it in my own account so that it is in the "sponsor's" account?

USCIS doesn't like to see sudden large sums for deposit to support immigrants.  People can easily deposit that, print statements, and reverse the funds out of the account.

 

They really want to see a steady current income to sponsor an immigrant.

[jessica13 4]

1 minute ago, Jorgedig said:

USCIS doesn't like to see sudden large sums for deposit to support immigrants.  People can easily deposit that, print statements, and reverse the funds out of the account.

 

They really want to see a steady current income to sponsor an immigrant.

Then if I use the 150k-200k to purchase a property in the US, like a small apartment or condo, is that going to better? To use property as a way to prove sufficient assets?