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Posted (edited)

Hello, I am new here. Thank you for allowing me to post. I want to ask those who have similar experience.

 

We submitted I-864 with I-485 but we got RFE because US citizen husband just came back to the US earlier this year. We both worked outside the United States fyi. USCIS said that based on the documents submitted, they could not determine that the petitioning sponsor is qualified.

 

Supporting Documents Submitted With I-864:

1) The past 3 years of 1040 Tax Return Filings 

2) Employment Confirmation from Previous Employer (overseas) and Letter of Employment from Present Employer (USA)

3) Report of Investments (stocks) and annual dividends

 

His annual income does not meet 125 percent of the federal poverty guideline for our household size of 3 and USCIS told us to obtain a qualifying joint sponsor, but it is not that easy to get one. We are still trying. Right now, we want to use stocks (US-based) as assets to sponsor. What other documents do we still need to procure for him to qualify?

 

Hoping you can help us. Thank you very much.

Edited by TVH
Filed: Citizen (apr) Country: Australia
Timeline
Posted
34 minutes ago, TVH said:

Hello, I am new here. Thank you for allowing me to post. I want to ask those who have similar experience.

 

We submitted I-864 with I-485 but we got RFE because US citizen husband just came back to the US earlier this year. We both worked outside the United States fyi. USCIS said that based on the documents submitted, they could not determine that the petitioning sponsor is qualified.

 

Supporting Documents Submitted With I-864:

1) The past 3 years of 1040 Tax Return Filings 

2) Employment Confirmation from Previous Employer (overseas) and Letter of Employment from Present Employer (USA)

3) Report of Investments (stocks) and annual dividends

 

His annual income does not meet 125 percent of the federal poverty guideline for our household size of 3 and USCIS told us to obtain a qualifying joint sponsor, but it is not that easy to get one. We are still trying. Right now, we want to use stocks (US-based) as assets to sponsor. What other documents do we still need to procure for him to qualify?

 

Hoping you can help us. Thank you very much.

Assets must be deemed able to be liquidated within 12 months and the value needs to be verified. One issue i can see with stocks is that it is an “on paper” moment in time valuation which can vary greatly and in n fact become worthless .. unlike tangible assets such as property, cash in the back etc. 

 

Either a joint sponsor is needed or increase to the household income as a second job, with 4-6 payslips that document the now increased income  

Posted (edited)
3 hours ago, Lil bear said:

Assets must be deemed able to be liquidated within 12 months and the value needs to be verified. One issue i can see with stocks is that it is an “on paper” moment in time valuation which can vary greatly and in n fact become worthless .. unlike tangible assets such as property, cash in the back etc. 

 

Either a joint sponsor is needed or increase to the household income as a second job, with 4-6 payslips that document the now increased income  

 

Hi. Thanks for the reply. Husband has cash in his brokerage account that is more than the stated difference between sponsor's income and 125% of the federal poverty guideline for our household size. He puts it there because it receives more interest than in the bank. He hasn't bought new stocks lately and the cash is just sitting there for about six months. Thus, it is easier to send it to his US bank account just in case he needs it. We did include the summary of his brokerage account in the initial filing of I-864. Do you think he still has a chance to qualify if he moves the cash from the brokerage account to his US bank now?

Edited by TVH
Filed: Citizen (apr) Country: Australia
Timeline
Posted
7 minutes ago, TVH said:

 

Hi. Thanks for the reply. Husband has cash in his brokerage account that is more than the stated difference between sponsor's income and 125% of the federal poverty guideline for our household size. He puts it there because it receives more interest than in the bank. He hasn't bought new stocks lately and the cash is just sitting there for about six months. Thus, it is easier to send it to his US bank account just in case he needs it. We did include the summary of his brokerage account in the initial filing of I-864. Do you think he still has a chance to qualify if he moves the cash from the brokerage account to his US bank now?

The usual thought is that they want to see US based cards funds having been in the account for 12 months plus. But none of us are able to be say what the decision will actually be  

  • 4 months later...
Posted

This is how I overcame a 221g for joint sponsor using assets. Here is the letter of explanation I used. After 2 months spouses Visa was approved with no further explanation. I qualified on assets, despite my TAXABLE income only being 14,000 dollars. Note: Many will take the easy way out and encourage you to use a joint sponsor. Don't let them discourage you.

Even if you've already submitted all the documentation, resubmit it alongside your letter to ensure the officer has everything clearly organized, such as:

  • Updated bank/investment account statements.

  • Any missing or supplemental evidence that further strengthens your case.

 

[Your Name]

[Your Address]

[City, State, ZIP Code]
[Date]

Consular Officer
[Embassy/Consulate Name]
[Address]
[City, Country]

Subject: Response to 221(g) Request – Demonstration of Financial Qualification Without Joint Sponsor

Dear Consular Officer,

I am writing to address the 221(g) notice issued on [date], requesting a joint sponsor for my Immigrant Visa application (Case Number: XXXXXXX). I respectfully assert that I qualify fully under the financial requirements outlined in 9 FAM 601.14 using my liquid assets, and as such, a joint sponsor should not be necessary.

Financial Qualification Through Liquid Assets

As per 9 FAM 601.14, I am permitted to meet the Affidavit of Support requirement by demonstrating ownership of liquid or readily convertible assets that exceed the income shortfall by the applicable multiplier (3x for spousal cases). My liquid assets far exceed the poverty guideline thresholds and income shortfall, as outlined below:

  1. Required Income (125% of the Federal Poverty Guidelines): [$ Amount]

  2. My Liquid Assets: [$ Amount]

    • This is equivalent to [X] times the required poverty level threshold.

  3. Asset Conversion Calculation:

    • Required Assets (3x the income shortfall): [$ Amount]

    • My Assets: [$ Amount], which exceeds this requirement by a significant margin.

Details of Liquid Assets

  • Bank Accounts:

    • [Bank Name], Total Balance: [$ Amount]

    • Documentation: [12 months of statements, bank certification letters]

  • Investment Accounts:

    • [Institution Name], Total Balance: [$ Amount]

    • Documentation: [Statements and portfolio summaries]

  • Other Assets (if applicable): [Details]

Supporting Documentation

I have attached the following documents for your review:

  • Form I-864 Affidavit of Support (already submitted)

  • Bank and investment account statements

  • Letters from financial institutions verifying balances

  • Any additional evidence of asset ownership

Request for Reevaluation

Given that my assets unequivocally meet the financial requirements without the need for a joint sponsor, I kindly request a reevaluation of my case. I hope this letter clarifies my financial eligibility and that my application may proceed without further delay.

If additional information or clarification is required, I am available to provide it promptly. Please do not hesitate to contact me at [Your Phone Number] or [Your Email Address].

Thank you for your time and attention to this matter.

Sincerely,
[Your Full Name]

 
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