I-864 RFE

[Snirgeu 10]

Hey all,

Just got a generic RFE basically telling me that they weren't able to ascertain whether the sponsor meets the income requirements. They gave me the generic thing of what we need to file for an I-864 in case we find a joint sponsor. They then said that the sponsor or joint sponsor may meet the requirement with assets. Thing is - our first submission was assets based (I, US citizen, am currently unemployed, but we have equity in our home in the US for well over 3 times the 125% poverty (which is the difference since my income is 0)), so we are confused as to what we should do? Should we just file with the same assets info? There is no reason why it should not be accepted. 

 

Thanks

[Snirgeu 10]

1 minute ago, Snirgeu said:

Hey all,

Just got a generic RFE basically telling me that they weren't able to ascertain whether the sponsor meets the income requirements. They gave me the generic thing of what we need to file for an I-864 in case we find a joint sponsor. They then said that the sponsor or joint sponsor may meet the requirement with assets. Thing is - our first submission was assets based (I, US citizen, am currently unemployed, but we have equity in our home in the US for well over 3 times the 125% poverty (which is the difference since my income is 0)), so we are confused as to what we should do? Should we just file with the same assets info? There is no reason why it should not be accepted. 

 

Thanks

[Snirgeu 10]

7 minutes ago, Snirgeu said:

Worth noting that they do not state that the sponsor is not qualified but that they could not determine whether

the sponsor is qualified.

[Mike E 11,725]

Imho, an  I-864 based on the asset being the principal is unlikely to past muster.  
 

You need to get a job. 

[Snirgeu 10]

5 minutes ago, Mike E said:

Imho, an  I-864 based on the asset being the principal is unlikely to past muster.  
 

You need to get a job. 

What is the point of having it as an option if when it meets the requirements it still won't cut it? We used an appraisal by a licensed appraiser on our home from this past May, and the remaining balance on the Mortgage to show the equity. Doesn't get any more official than that.

[Villanelle 4,121]

The generic RFE you got can be for a variety of reasons. Unfortunately it's up to you to figure out what the problem is. 

 

Most common errors-

 

Household size is incorrect. If it's just you and your spouse size is 2 not 3

 

Didn't include proper tax returns or statement of non filing 

 

Does either apply? When theres an error on the 864 the computer simply rejects it in entirety. So first go through what you sent for errors. Im guessing you have one based on the RFE you got.

 

It could be they are rejecting your assets as it is your primary residence.  Primary residences can be used but at the same time its up to the Officers discretion. 

[Snirgeu 10]

1 minute ago, Villanelle said:

The generic RFE you got can be for a variety of reasons. Unfortunately it's up to you to figure out what the problem is. 

 

Most common errors-

 

Household size is incorrect. If it's just you and your spouse size is 2 not 3

 

Didn't include proper tax returns or statement of non filing 

 

Does either apply? When theres an error on the 864 the computer simply rejects it in entirety. So first go through what you sent for errors. Im guessing you have one based on the RFE you got.

 

It could be they are rejecting your assets as it is your primary residence.  Primary residences can be used but at the same time its up to the Officers discretion. 

Thank you for your response.

 

Household size is 3 as we have a toddler.

 

Included 2021 tax return transcript. Did not include W2 as worked in 2021 abroad and there are no W2 equivalents. Mentioned this on the cover letter. 

 

Asset is indeed primary residence, but as mentioned, it is well over the 3x the difference and we included a license appraiser's appraisal from three months ago. I am at a loss here.

 

 

[Mike E 11,725]

25 minutes ago, Snirgeu said:

What is the point of having it as an option if when it meets the requirements it still won't cut it? We used an appraisal by a licensed appraiser on our home from this past May, and the remaining balance on the Mortgage to show the equity. Doesn't get any more official than that.

The I-864 instructions say:

 

”Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.”

 

If you have $75K in a bank account, great.  $75K in the stock market during a bear market, maybe.  Etc. 
 

$75K equity in your personal residence when you don’t have a job while  rents are soaring? Not happening imho. 
 

IMO, you get just one  shot at an I-864 RFE.  

[Villanelle 4,121]

Gotcha. 

 

You submitted your AOS package July 2022, just a few weeks ago correct? This means theres no way an Officer looked at it and determined you don't qualify. You are getting stopped at the door by the 'gatekeepers' so to speak. 

 

So first,  go through your 864 with a fine tooth comb ensuring it is filled out correctly. Every line. Signature, dates, boxes checked, etc. If it's all good then the only reason I could see for it being rejected is the fact that the appraisal you sent is 90+ days old. Might be too outdated. Current usually means 30 days, maybe 60. 90+ might be too old.

 

You can send an updated appraisal or additional evidence like a realtors appraisal, zillow listing, etc but as stated you only get one shot to satisfy the RFE. If you choose to attempt assets only and it's rejected you will have to file again and pay the fees again and ensure you have a w2 based job or sponsor the second time around. 

 

 

[Family 3,549]

Equity in your home CAN be used to qualify. Simply respond to RFE and state “ Am using assets in lieu of income as follows : 

Total Market Value : $$$ ( see appraisal, property tax bill valuation, copy of deed) 

Less Lien ( if any) send copy of mortgage ( if any).

Equity : $$$ 
 

If u own 2 cars , you can even use one of those. 
 

It is not unusual for a pushback from USCIS and NVC but just print out link below and highlight “ Sponsors may include the value of their home..” 

It has and will continue to be accepted, and you will not be denied .

 

 

Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. Examples of assets easily convertible to cash are savings, stocks, bonds and property. Sponsors may include the value of their home. They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset.

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos14

Edited August 4, 2022 by Family

[SalishSea 16,851]

3 hours ago, Snirgeu said:

Thank you for your response.

 

Household size is 3 as we have a toddler.

 

Included 2021 tax return transcript. Did not include W2 as worked in 2021 abroad and there are no W2 equivalents. Mentioned this on the cover letter. 

 

Asset is indeed primary residence, but as mentioned, it is well over the 3x the difference and we included a license appraiser's appraisal from three months ago. I am at a loss here.

 

 

I think the idea is that you cannot support an immigrant with a house vs income, if you are living in the house.   
 

They are renowned for preferring liquid assets.

[Palawan 130]

On 8/4/2022 at 12:21 AM, Jorgedig said:

I think the idea is that you cannot support an immigrant with a house vs income, if you are living in the house.   
 

They are renowned for preferring liquid assets.

I would disagree them wanting liquid assets

 

I used asset for AOS before, house was paid off and I had a handful of vehicles

[Mike E 11,725]

9 minutes ago, Palawan said:

I would disagree them wanting liquid assets

 

I used asset for AOS before, house was paid off and I had a handful of vehicles

Did you have a job?

[Palawan 130]

On 8/4/2022 at 6:37 AM, Mike E said:

Did you have a job?

Nope, I was bass fishing about 4 days per week, and drinking at night, Good times.

 

I had taken a break from work, didn't work for about 5 years, I was in my late 30's, it was an awesome experience.

 

I had flipped a couple of houses during that and made some cash, but never counted that as income or to show as work. I had cash saved to be able to take off .

 

Edited August 4, 2022 by Palawan

[Palawan 130]

On 8/4/2022 at 12:21 AM, Jorgedig said:

 

They are renowned for preferring liquid assets.

Do you have an documentation to back that up?  Where does USCIS state they "prefer liquid assets"

 

Per USCIS instructions when I did it, it was never mention USCIS 'prefered liquid assets"