jasonf

3 minutes ago, geowrian said:

Maine does not come to mind as a state where you would qualify for Medicaid within the first 5 years. IIRC, only NY and CA allow it prior (and a couple other states with restrictions, such as pregnancy related care).

Oh OK so I will try to verify that with Medicaid.  I had called them earlier today and after over 2 hours on hold they were more confused than i was abou tmy question lol.  I will go to the office and trying talking to them in person tomorrow.  

So my wife is in the United States and her AOS was approved she received her green card last month.  Myself and our 2 kids are American citizens and have been using Medicaid for about the last year since we moved back to the US.  My question is now she may qualify for Medicaid but will myself being her sponsor be at risk of paying any medical costs related to her use of Medicaid?  We don't want to sign her up if the government will end up sending us the bill for the medical expenses.  From what I have seen it may depend on the State we live in if it is a public charge.  We are in Maine.  If anyone knows where to look up this information that would be helpful as well.  Thank you.  

4 hours ago, gregcrs2 said:

Traceability and proving you did not just borrow the money as you stated above are pretty much the same thing.  What's the problem of just sending last 12 months bank statements?   You seem to want to do anything but that.   

Well 12 months of statements will not show where the money came from as a lot of this money has been sitting there for years.  So sending in 12 months of statements will not show any evidence where the money came from.  However, If the rational is well you have had this money for 12 months and and given the time frame of 12 months we can see you have held it for sometime so it is unlikely that is has been borrowed to inflate my assets for the application.  Well that is actually the difference between traceability and proof of ownership I would think.  

4 hours ago, gregcrs2 said:

Traceability and proving you did not just borrow the money as you stated above are pretty much the same thing.  What's the problem of just sending last 12 months bank statements?   You seem to want to do anything but that.   

Well since you asked I am getting conflicting advice.  I hired a consultant to help me put my package together who is actually quite active on these forums but not on this thread lol. He was pushing me to send as little as possible and saying it may not be helpful to my application to blast them with information like bank statements since they are not currently requesting them.  So my thoughts if I could send letter from the banks summarizing the information and that is a valid method it will be easier for the officer to digest.   

I would like to send bank information before they ask so it does not delay my chances anymore.  

If I send in 12 months of statements do I send in 12 months dating back from my original application or do I send in the latest 12 months starting from today?  

And if I use the most recent 12 months do I need to submit and new 864 with updated numbers?  Also, if I submit a new 864 are there implications with the new 864 that go into effect next Tuesday?

5 hours ago, Nitas_man said:

When we filed on assets alone yes, we did blast them with a ytd summary of statements from all accounts.

 

It wasn’t “hundreds of pages” so maybe you’re exaggerating a teeny tiny bit.

 

Prepare good, solid summaries of your assets, send in your tax transcript (which really is all you need) OR the rest of your return documentation, and let them make the ruling.

 

I did summarize all those statements in a nice excel spreadsheet as the cover page with (1) number - total assets.

 

Since I am unaware of anyone filing on assets trying to push through on one month of statements I can’t answer your question about whether one month is good enough or not.  I know that previous year’s tax returns and current year’s bank / investment / holding statements is enough.

 

If they asked you for a co-sponsor there must be another reason.  

 

 

Well I have 2 accounts gathered as of now and I am at 174 pages.  I have 2 more to document.  And that is just the accounts I chose to show on my asset report.  If they want to see some of the other accounts god know how many more pages they want to see, but yes it will be in the hundreds of pages.  

5 hours ago, Villanelle said:

Once again you can respond to the RFE and only provide the tax documents/no co-sponsor. You take the risk of getting another RFE for the assets and adding additional time to the process or potentially getting denied. Its a very slim chance they deny and dont RFE for additional proof of assets but if they do you are going to have many more problems to deal with. 

 

So the best advice for you is to send additional proof of assets since you need them to count to qualify. 

 

Also the instructions does not say #2 is only for real estate. It says to complete part 7 1-4 which covers bank accounts, real estate, investments, stocks, etc. 

 

Look I can understand not wanting to send hundreds of pages of statements. But they want documentation! If you can get a letter from the bank stating your balance for the last 12 months then YES! send that along with the tax documents and you should be OK. 

 

 

I did not say #2 is only for real estate.  I said #2 as relates to asking for the date an asset was acquired only relates to real estate holdings and that is the only place in the instructions for the 864 that it mentions anything about when an asset was acquired.   

37 minutes ago, Ed&Midori1031 said:

I had the same issue.  Although I put all my tax documents (W-2's, 1040, 1099) and I still received a RFE.  As annyoing as it is, sometimes, they want to "verify" again all the financial stuff.  Is there anyway you can prove the value of your assets? 

I am not sure when you say prove the value of my assets?  The bank statements state the dollar amount.  

Is it traceability or to prove that I did not just borrow money from someone for the application and then return it so I don't need a co sponser?  Even if I sent them 12 months of account history it does not show where the funds came from. 

I was thinking instead of blasting them with hundreds of pages of bank statements.  I could get a letter from each bank stating the balance of the account for each month from 12 months back from my original application as well and account balances for each month that has passed since my application has been filed and include that in my RFE.  Could this be a good way to satisfy the asset documentation?

I have checked the instructions carefully.  There are 2 sections that I have found in the instructions.  

1. Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value

2.To use your own assets, you must complete Part 7., Item Numbers 1. - 4. and submit corresponding evidence with this affidavit. Supporting evidence must be attached to establish location, ownership, date of acquisition, and value of any real estate holding.

The 2nd section that asks for date of acquisition is referring to only real estate assets. 

The other supporting documentation they are asking for description , proof of ownership, net cash value can all be verified by a bank statement.  

As far as not disclosing all information We have more than 1 year of income in our lives and our income had varied over the years and we don't spend everything we make.  We also have substantial real estate investments but did not include that because the cash we have is more than sufficient the requirements for this application.    

Well my question is specific to my case.  I am not concerned about cases that are denied due to 864 issues all off the time.  I am concerned how many of those 864 cases have been denied because of only the most recent monthly statements were provided with the application?  Or is anyone even aware of an example of someone in a similar situation where the person who only sent in the most recent bank statements of liquid assets had USCIS come back and ask for a RFE detailing more historical statements?  I searched these fourms and could not find any examples of a RFE for historical bank statements relating to assets.  Maybe you can share a link if you know of any. 

As I stated before I believe I have all the tax information ready to go and that part should be fine.  Does USCIS have a history of denying the applications before the interview when only showing most recent bank statements with the application for proof if assets?

I did download my tax transcript and will include that as well.  There was not one available as my taxes were completed with a few days of when I sent in the application and it takes weeks or months to get the transcript posted to the IRS website according to my accountant.  Hopefully they don't give me a hard about including that as it was not an option they listed in the RFE.  Since they did not ask for asset information I am not sure blasting them with a few hundred pages of bank statements is a good idea?  Also, since the whole application is invalid why are they asking for a co sponsor before they can make a decision on the  on my IRS tax filing as they are requesting the information for my tax filing?

I did send them my tax return.  just not the 1099's which the only thing missing as I do not have them filed with my return to the IRS.  If you want to help me out feel free to go back to my original  post and look at the sentences with a question marks at the end of them and respond specifically to my questions I would appreciate it. 

Thanks

OK so why are they ignoring my assets and asking for a co sponser when we can qualify on assets alone?

I received a RFE on my wifes 485 application.  Specifically they mentioned 2 items relating the 864 form.  

1. Did not include 1099, W2, and other tax schedules with my recent year tax returns. 

I only sent in a copy of my IRS tax filings. I will provide the missing 1099's as that is all I have that was not sent in.  I hired a consultant to help me with the paperwork and he never mentioned I need to send in anything more than my tax return.  I don't think this is a big deal.  The second point is more of why I am confused.

2. It says I need a co sponsor because my income does not meet the requirement to sponsor my wife.

I am confused about this because I filled out section 7 of the 864 and submitted the most recent bank and investment accounts statements that show I have more than enough assets to cover the 3 times the poverty line amount if I had $0 income which my income is only a few thousand off from the poverty line anyway.  Outside of that I also provided bank statements from my wife which should cover us as well and also noted that in section 7 of the 864.  So my question is why are they ignoring my assets and telling me I need a co-sponser?  Is there something more I need to provide to them other than the most recent bank account statements?

I drafted a letter telling them I think they made a mistake by not looking at my assets which are sufficient so that I do not need a co sponsor.  Before I send this I would like to know if anyone knowledgeable about this process sees any issues with this?

Thanks  

I did post the anwser.  You need to go to the CBP website and search for the I94 using your passport number which will have all the information about the class of admission as well as length of stay allowed etc etc...  

Wow that is a lot of comments very quickly on my post and nobody has answered my question.  I found the i94 on the CBP website and was able to get the information I needed on my own.  I am surprised with what seems like a lot of knowledgeable people around here that nobody could offer me advice to check the CBP website for the I94 report to get this information.  

As far as all the other people commenting about my situation, I was not asking for opinions.  I would think this forum would work best if people are here trying to help each other out and not providing comments not related to people's questions.  

Thanks,

Jason 

I will try to keep this short. I moved to Canada to marry my now wife 5+ years ago.  We are now married with 2 kids and when traveling to the US for the Christmas holidays we have decided to stay in the United States and file for her green card.  She has been in the United States since mid December 2018.  When she entered the United States she was traveling on her Canada Passport.  It is my understanding we need to file a I-485 and a I-130.  In looking at the I-130 it is asking for class of admission and there are a ton of options to pick from although it is not immediately clear to me which is the correct answer.   I think it maybe a B2 or WT but am not sure. Or do we not fill this section out as it may be n/a?  Also how does the I-94 fit into all this?

Thanks,  

Jason