I-864 Questions

[justsumeet 1]

@pushbrk @Crazy Cat 

Wouldn't interest from current assets also qualify as income?

It would probably depend on the assets amount. If it is significant then the interest could be meaningful to list as current annual income.

From https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
 

Item Number 7. Current Individual Annual Income. 
 

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. However, you may not include any means-tested public benefits as income for the purposes of meeting the income requirement.

 

Edited Thursday at 04:53 AM by justsumeet

[pushbrk 13,490]

9 minutes ago, justsumeet said:

@pushbrk @Crazy Cat 

Wouldn't interest from current assets also qualify as income?

It would probably depend on the assets amount. If it is significant then the interest could be meaningful to list as current annual income.

From https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
 

Item Number 7. Current Individual Annual Income. 
 

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. However, you may not include any means-tested public benefits as income for the purposes of meeting the income requirement.

 

Yes, that's possible, but it would need to be enough to qualify, or maybe enough to decrease the income shortfall.  If "interest income" or "capital gains" show on his 2024 tax return, and prior returns, he could reduce or erase the income shortfall by the amount of passive income showing on the tax return.

[justsumeet 1]

@pushbrk Thank you for clarifying - very helpful. I wonder if you could advise on the following related question:
 

What concerns should a sponsor be prepared for while showing a combination of assets and passive income from interest + capital gains, with no employment income for the past 2 years? Note - 
 

1. The assets shown are liquid in bank account & stock holdings in the US.
2. The assets alone (without factoring the passive income) are well over 5 times (~9x) 125% of HHS poverty guidelines for the household size.
3. A portion of the assets are in joint bank accounts with spouse who is not a sponsor.
4. Past 3 year tax returns are joint tax returns with spouse who is not a sponsor though the tax returns list steady interest + capital gain income.
5. Prior to the past 2 years the sponsor has 20+ years of continuous healthy employment income resulting in savings for assets + passive income. 
 

Edited Thursday at 06:12 PM by justsumeet

[pushbrk 13,490]

2 hours ago, justsumeet said:

@pushbrk Thank you for clarifying - very helpful. I wonder if you could advise on the following related question:
 

What concerns should a sponsor be prepared for while showing a combination of assets and passive income from interest + capital gains, with no employment income for the past 2 years? Note - 
 

1. The assets shown are liquid in bank account & stock holdings in the US.
2. The assets alone (without factoring the passive income) are well over 5 times (~9x) 125% of HHS poverty guidelines for the household size.
3. A portion of the assets are in joint bank accounts with spouse who is not a sponsor.
4. Past 3 year tax returns are joint tax returns with spouse who is not a sponsor though the tax returns list steady interest + capital gain income.
5. Prior to the past 2 years the sponsor has 20+ years of continuous healthy employment income resulting in savings for assets + passive income. 
 

I think you are referring to an ex-spouse.  The petitioner/sponsor cannot really state and document assets they don't personally fully control.  Also cannot state passive income from assets jointly held with the former spouse.   I would re-calculate the value of the assets that are in the the petitioner's name only.  Assets in joint accounts are theirs, not his.

[justsumeet 1]

It is a current spouse whose income and assets will not be used for sponsorship. Spouse is included in the 864 household size (part 5 item3) though income is not called out in 864 part 6 (8-11) and spouse will not file 864A. The form instructions are unclear how to show joint assets by the sponsor in such a case. I'd read on forums elsewhere it did not matter if assets are joint or individual. Nevertheless I understand the point about showing the assets & income that belong exclusively to the sponsor to avoid concerns. Thank you.

Edited Friday at 03:07 PM by justsumeet

[pushbrk 13,490]

5 hours ago, justsumeet said:

It is a current spouse whose income and assets will not be used for sponsorship. Spouse is included in the 864 household size (part 5 item3) though income is not called out in 864 part 6 (8-11) and spouse will not file 864A. The form instructions are unclear how to show joint assets by the sponsor in such a case. I'd read on forums elsewhere it did not matter if assets are joint or individual. Nevertheless I understand the point about showing the assets & income that belong exclusively to the sponsor to avoid concerns. Thank you.

Now, I'm totally confused.  I thought YOU just got married after a K1 arrival.  You would be the one and only "current spouse".  Please clarify.

[justsumeet 1]

6 minutes ago, pushbrk said:

Now, I'm totally confused.  I thought YOU just got married after a K1 arrival.  You would be the one and only "current spouse".  Please clarify.

I'm not the original poster who started the thread. However I did have some related questions hence posted here. Mine is a slightly different situation - happy to clarify as needed. Perhaps I should have started a new thread. 

Edited Friday at 08:42 PM by justsumeet

[pushbrk 13,490]

1 minute ago, justsumeet said:

I'm not the original poster who started the thread. However I did have some related questions hence posted here. Mine is a slightly different situation - happy to clarify as needed. Perhaps I should have started a new thread. 

Yes, you should have.  Will report to moderator.

[Crazy Cat 43,865]

***Thread split to new topic***

[justsumeet 1]

35 minutes ago, pushbrk said:

Yes, you should have.  Will report to moderator.

Note some of my questions may be useful to others including the original poster

[pushbrk 13,490]

1 hour ago, justsumeet said:

Note some of my questions may be useful to others including the original poster

Could have been, but the policy here is to start your own thread instead of hijacking another.  Please provide context.  Is this an adjustment of status from a K1 visa, or a different kind of case.  I'm guessing you are talking about a joint sponsor. If so, provide enough information for us to respond in context.

[justsumeet 1]

Makes sense. The intent is to get clarification. Summarizing this case is an I864 by a single sponsor (the child) for elderly parents using Consular Processing. The sponsor's passive income + assets will be shown. There is no employment income. The sponsor's current spouse's income and assets will not be used i.e. no I864A or joint sponsor. The sponsor's assets alone are well over 5 times the 125% of HHS poverty guidelines for the household size. Tax returns and some assets are in joint accounts with the spouse.

 

What concerns should one be prepared for?

Edited Saturday at 03:05 AM by justsumeet

[justsumeet 1]

6 hours ago, Crazy Cat said:

***Thread split to new topic***

@Crazy Cat Thanks for splitting. Upon checking the various VJ forums this case would probably fit in "Bringing Family Members of US Citizens to America". Alternatively this thread can be deleted, and I can start a new there as preferred.

Edited Saturday at 03:29 AM by justsumeet

[TBoneTX 47,113]

11 minutes ago, justsumeet said:

this case would probably fit in "Bringing Family Members of US Citizens to America".

Thread is moved to the above forum.   

[Ban Hammer 14,085]

7 hours ago, justsumeet said:

I'm not the original poster who started the thread. However I did have some related questions hence posted here. Mine is a slightly different situation - happy to clarify as needed. Perhaps I should have started a new thread. 

in the future, it would be best to provide only advice to another member's questions in their thread and refrain from "muddying the waters" with your own questions in their thread - doing so is called hijacking another member's thread and it is not proper forum etiquette. 
always confine your own questions to a thread you started  - and don't start multiple threads on the same or related subject as that is spamming.

charles
vj moderation

Edited Saturday at 04:18 AM by Ban Hammer