I864 - Using Assets to qualify

[skumawat@hotmail. 0]

Hi,

 

I am reading in the I864 instructions the following.

• For US citizens sponsoring their spouse or children (18 years old or older), the value of the assets must be three times higher then the poverty guideline;

 

My child is 15 years old. Does this mean that if the child is 15 years old, the requirement would be 5 times the poverty guideline?

 

Thanks,

 

[Crazy Cat 39,945]

 That means the sponsor must be at least 18 years old.  

Edited August 18, 2022 by Crazy Cat

[Chancy 6,234]

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

 

[MaxThai 7]

You missed quoted the instructions but yes the assets must equal 5 times the difference. If your child was 18 or older than 3 times.

 

“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.”

[pushbrk 12,302]

Yes, for a child under 18, the factor is 5X.  Note that using assets is fine but can be tricky.  Study also everything else in the instructions about assets including the definition of liquid, which tends to disqualify equity in the primary residence.

[skumawat@hotmail. 0]

How much it would be if Spouse and 15 year old Child of USC (Separate Petitions)?

 

The household size would be 3 so would it be like 28x3 = 84 for spouse but 28x5 = 140 for child?

 

Also where does it say it cant be primary residence? 

[pushbrk 12,302]

12 minutes ago, skumawat@hotmail. said:

How much it would be if Spouse and 15 year old Child of USC (Separate Petitions)?

 

The household size would be 3 so would it be like 28x3 = 84 for spouse but 28x5 = 140 for child?

 

Also where does it say it cant be primary residence? 

Your calculations are correct.  I said read the part of the instructions that talk about what is "liquid".  Your primary residence does not fit the definition.  

 

[MaxThai 7]

55 minutes ago, skumawat@hotmail. said:

How much it would be if Spouse and 15 year old Child of USC (Separate Petitions)?

May I ask?

 

Is your child also the biological child of the USC?

Was the USC a US citizen at the time of the birth of the child and has at least 5 year presence in the US with at least 2 years of it after age 14yrs old?

 

If yes to both, it may be possible to apply for CRBA and get a US passport for the child.

[skumawat@hotmail. 0]

No. Child is not the biological child of USC.

 

Sorry this is far more complicated then I thought.

 

One more question please.

 

I currently live in India earning Indian Salary and have an offer in US with US salary starting Oct 2022. I have filed US tax returns for last 3 years and have used Indian Salary. I have heard on the forum that I should put zero in my income in I864. Where does it say that the income needs to be zero in the I864 instructions?

 

 

 

[pushbrk 12,302]

1 hour ago, skumawat@hotmail. said:

No. Child is not the biological child of USC.

 

Sorry this is far more complicated then I thought.

 

One more question please.

 

I currently live in India earning Indian Salary and have an offer in US with US salary starting Oct 2022. I have filed US tax returns for last 3 years and have used Indian Salary. I have heard on the forum that I should put zero in my income in I864. Where does it say that the income needs to be zero in the I864 instructions?

 

 

 

Ugg.  It doesn't say that directly.  Read the actual question and notice the words "that you are using to qualify....".  You can't use your Indian income to qualify, so you enter zero.  Alternatively,  you could wait until you have a pay stub from the new job in October, then state your gross per pay period times the number of pay periods in a full year, as your current income and qualify based on income.  1k per week is 52k per year, etc.