I-864 and beneficiary's assets

[earthbi 1]

Hi,

 

My partner and I got married in the US whilst I was here visiting on a B2 visa. We already submitted the I-130 and I-485. On the I-864 my partner's salary is a little low, but we have assets to cover it. We sent in evidence of assets (confirmation from the banks) from both join accounts, his accounts and my savings account. We didn't read the small print that they would want 12 months average assets, so we now have to submit the bank transcripts after receiving request of evidence. My assets alone are actually  sufficient, and the easiest to get all the bank transcripts from. But that money is in my bank in Norway. My partner's assets alone is also sufficient on it's own, but consists of a mix of bonds and different accounts - more complicated to gather together and to calculate the 12 months average. Our joint account is less than a year old (just since February). So I wonder if anyone has any experience if it's sufficient to give evidence of only beneficiary's assets. They are in an open account, I could transfer it very quickly to the US if necessary (but I prefer keeping them in Norway because of much better interest rates). I have a statement from the bank that the account is open. And if I only send bank statements from my own account should we sent a new I-864 updating the assets calculation and removing joint and his assets since we are not sending in all the evidence to prove it? Or should we really gather all the statements from all the accounts and send those in? Thank so much for any insight.

[Crazy Cat 41,981]

***Moved to Adjustment of Status From Work, Student, and Tourist Visas****

[OldUser 6,890]

Consider finding a joint sponsor. Assets are harder to get accepted, especially beneficiary's assets.

[earthbi 1]

On 4/30/2024 at 10:10 AM, OldUser said:

Consider finding a joint sponsor. Assets are harder to get accepted, especially beneficiary's assets.

Thank you for your response and perspective. I would much rather like to base it on assets though. Mainly because it seems much easier, because we can show assets more than tenfold the required amount. Because beneficiary's assets alone cover tenfold the required amount, the question is if it's just clearer to just send this information. Sponsor's assets also covers the requirements alone, but just barely, and consists of a mix of accounts and stocks (though all US accounts). When it states so clearly in the I-864 instructions that assets can be used, it doesn't make sense to me that they would not get accepted. I can think of a friend who would be willing to be a joint sponsor, but I would prefer not to bother her with this if we can handle it with our assets.

[OldUser 6,890]

1 hour ago, earthbi said:

Thank you for your response and perspective. I would much rather like to base it on assets though. Mainly because it seems much easier, because we can show assets more than tenfold the required amount. Because beneficiary's assets alone cover tenfold the required amount, the question is if it's just clearer to just send this information. Sponsor's assets also covers the requirements alone, but just barely, and consists of a mix of accounts and stocks (though all US accounts). When it states so clearly in the I-864 instructions that assets can be used, it doesn't make sense to me that they would not get accepted. I can think of a friend who would be willing to be a joint sponsor, but I would prefer not to bother her with this if we can handle it with our assets.

 

 

Some data points:

 

I hear issues using assets a lot from people on YouTube immigration show, and I watched all 593 episodes so far, so about ~600 hours of content or more.

 

It is natural to go the easier route, but it doesn't always work with USCIS. You can give it a try, but have joint sponsor lined up. The worst case you'd lose some time because of RFE.

 

 

 

Edited May 1 by OldUser

[earthbi 1]

51 minutes ago, OldUser said:

 

 

Some data points:

 

I hear issues using assets a lot from people on YouTube immigration show, and I watched all 593 episodes so far, so about ~600 hours of content or more.

 

It is natural to go the easier route, but it doesn't always work with USCIS. You can give it a try, but have joint sponsor lined up. The worst case you'd lose some time because of RFE.

 

 

 

Thank you! So that was another question - you seem to confirm that if I send in assets proof, and they still are not convinced, they will send me another RFE where I can add joint sponsor? They wont just deny the case?

[OldUser 6,890]

1 hour ago, earthbi said:

Thank you! So that was another question - you seem to confirm that if I send in assets proof, and they still are not convinced, they will send me another RFE where I can add joint sponsor? They wont just deny the case?

Any of the three can happen:

- Another RFE

- Notice of intent to deny (NOID)

- Outright denial

[earthbi 1]

8 minutes ago, OldUser said:

Any of the three can happen:

- Another RFE

- Notice of intent to deny (NOID)

- Outright denial

Gosh! That's amazing! 

[Larry and Marides 10]

On 4/30/2024 at 10:10 PM, OldUser said:

Consider finding a joint sponsor. Assets are harder to get just accepted, especially beneficiary's assets.

If the rules are stated that assets can be used instead of income, why do they give people such a hard time? Why don't they just delete the asset requirements.

[PGA 247]

On 5/1/2024 at 1:06 PM, earthbi said:

Thank you! So that was another question - you seem to confirm that if I send in assets proof, and they still are not convinced, they will send me another RFE where I can add joint sponsor? They wont just deny the case?

In our case we had assets (all US based and exceeded the requirements) but at interview the guy wouldn't even consider them and my spouse received the 221g for a joint sponsor. Fortunately we had a co-sponsor on standby but it did add a few months or so to the process. I am sure there are a variety of possible reasons for this...in my case I lived in Peru with my spouse for years, there was 50+ pages of asset documents to look through (much easier for him to check a box on the 221g than look at all of that), or possibly they simply feel better knowing that someone besides the love-struck spouse or fiancé is willing to commit to the immigration process....but in the end, who knows?  

[Larry and Marides 10]

I think I found out the reason why some people are rejected with assets. I found their manual online. I believe the officer didn't read the whole section of the manual. I have posted some excerpts below. I think the officer stops reading the manual when he comes to this section:

 

(2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant ***will require a joint sponsor***

 

The officer isn't reading the entire document in my opinion.

The document section is long. I only posted excerpts. If the officer keeps reading he would come to this section regarding assets.

 

(2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), and/or the assets of any household members signing Form I-864A, as income to make up any shortfall toward meeting the Federal poverty guidelines. The assets (including bank accounts, stock, other personal property, and real estate) must be available in the United States for the applicant's support and must be readily convertible to cash within one year. In most cases, the sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, ownership and value of each asset listed, including liens and liabilities for each asset listed. The combined cash value of all the assets (i.e., the total value of the assets less any offsetting liabilities) must total at least five times the difference between the total household income and the minimum Federal poverty income requirement. (3) (U) Sponsors of immediate relative spouses and children of U.S. citizens, including Hague Convention adoptees who will not immediately acquire citizenship after admission to the United States, however, must only show combined cash value of assets in the amount of three times the difference between the actual household income and the minimum Federal poverty income requirement. In addition, sponsors of orphan applicants who will acquire citizenship after admission to the United States based upon either adoption in the United States after admission, or formal recognition of a foreign adoption under the law of the State of proposed residence, need only prove a combined cash value of assets in the amount of the difference between actual household income and the minimum Federal poverty income requirement.

Here is an excerpt direct from the manual. Or read it all here

https://fam.state.gov/fam/09FAM/09FAM030208.html#M302_8_2_B_29

 

FAM 601.14-5 SPONSORS (CT:VISA-1542; 05-12-2022) a. In General: 1) To qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) whos (a) Is a citizen, national, or LPR of the United States (including conditional residents); (b) Is at least 18 years of age; (c) Filed the petition which forms the basis for the visa application (or has a substantial interest in the entity which filed the petition); and (d) Is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States. See 9 FAM 601.14-7 below. (2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant will require a joint sponsor

d. Additional Assets Evidence: (1) The Form I-864 does not require sponsors to submit evidence of assets, if income alone is sufficient to meet the minimum Federal poverty guidelines income requirement described in paragraph a(2) above. The mere fact that the petitioner and/or sponsor have met the minimum requirement, however, does not preclude a finding of ineligibility under INA 212(a)(4). You may request evidence of assets and liabilities, if such information is necessary to determine the applicant's eligibility. If a sponsor or joint sponsor uses assets to prove the ability to support the sponsored immigrant, they may not use the Form I-864EZ. (2) The sponsor or joint sponsor may include their assets (and offsetting liabilities), and/or the assets of any household members signing Form I-864A, as income to make up any shortfall toward meeting the Federal poverty guidelines. The assets (including bank accounts, stock, other personal property, and real estate) must be available in the United States for the applicant's support and must be readily convertible to cash within one year. In most cases, the sponsor must present evidence as described in 9 FAM 601.14-16 paragraph a(7), establishing location, ownership and value of each asset listed, including liens and liabilities for each asset listed. The combined cash value of all the assets (i.e., the total value of the assets less any offsetting liabilities) must total at least five times the difference between the total household income and the minimum Federal poverty income requirement. (3) (U) Sponsors of immediate relative spouses and children of U.S. citizens, including Hague Convention adoptees who will not immediately acquire citizenship after admission to the United States, however, must only show combined cash value of assets in the amount of three times the difference between the actual household income and the minimum Federal poverty income requirement. In addition, sponsors of orphan applicants who will acquire citizenship after admission to the United States based upon either adoption in the United States after admission, or formal recognition of a foreign adoption under the law of the State of proposed residence, need only prove a combined cash value of assets in the amount of the difference between actual household income and the minimum Federal poverty income requirement. art 7 of Form I-864: Use of Assets to Supplement Sponsor’s Income: (1) If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, they may show evidence of assets owned by the sponsor and/or members of the sponsor’s household that are available to support the sponsored immigrant(s) and can be readily converted into cash within 1 year. (2) For assets of the intending immigrant and/or household member to be considered, the household member must complete and sign Form I-864A. (3) You should check to make sure that the Form I-864A is completed and signed by the sponsor and the household member. (4) Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. See 9 FAM 601.14-6 above.

[OldUser 6,890]

12 hours ago, Larry207 said:

I think I found out the reason why some people are rejected with assets. I found their manual online. I believe the officer didn't read the whole section of the manual. I have posted some excerpts below. I think the officer stops reading the manual when he comes to this section:

 

(2) If the relative petitioner sponsor cannot meet the income guidelines described in 9 FAM 601.14-2 above, the visa applicant ***will require a joint sponsor***

 

The officer isn't reading the entire document in my opinion.

The document section is long. I only posted excerpts. If the officer keeps reading he would come to this section regarding assets.

 

 

Yes that's a plausable theory. USCIS often takes the easy route.