ivanovsky

10 minutes ago, Boiler said:

Assuming her PD is current and she is in status then adjustment can be filed for.

Sorry, what's a PD? Someone else had told me they thought it would be an issue, you don't? Thank you!

1 minute ago, Unlockable said:

How old is the daughter (your SIL)?

She's 18 (under 21), and unmarried. 

3 minutes ago, Unlockable said:

There is no way you can adjust her status.

 

Adjustment of status can only be done through US citizens or spouses of permanent resident. There is no qualifying relative who your sister can use for her adjustment. It will be denied.

 

Her best option is to maintain the F1.

Sorry, I was unclear in my original post. Her mother is a permanent resident, that's who she would be using for her adjustment.

So her mother's a LPR, and she would be filing to adjust status on that basis.

Given that her mother is a LPR, not a citizen, is it okay that she had her visa reinstated?

We're applying for my sister-in-law to adjust status to a green card from F1. She violated her status by mistake--she transferred to a school that couldn't maintain the I20--and had it reinstated.

On this page, https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4 it says, "The reinstatement is in effect the functional equivalent of waiving the violation. In this instance, the violation subject to the reinstatement would not bar the alien from adjusting status." Can we go by this given that we're filing adjustment of status based on her mother's LPR status rather than citizen status?

Thank you!

I wasn't "dissing" you. Pointing me back to instructions that I'm asking about while providing no information about what I asked is unhelpful. If you can help, great. If you just want to try to get in a fight and not read what I said, then hopefully someone else can help.

Thanks.

She's only been here a few months, and previously was living in the house. She's going to have to go back to her home country and put it on the market, etc etc to sell it. That takes time.

I think I laid out my confusion. I do not see anywhere in the part 7 instructions whatsoever that says you're not allowed to use foreign assets. However, I have seen people saying as much on forums, etc. 

If you can show me where it says that in the instructions, that would be helpful. If you know the answer about can she use foreign assets, that would be equally helpful.

The instructions say you can use your home/real estate value if it's appraised. It does not say anything about where that home has to be located that I can see. That is why I am confused. Pointing me back to the instructions that I'm either not reading carefully enough or just do not say what I've heard people discussing is not helpful.

The way I'm reading the instructions, it sounds perfectly fine to have an income of $0, and perfectly fine to use the assets of a house owned by the petitioner in another country to make up that difference. I've been trying to dig into if that is true or not, and saw people saying what I said in my initial post: some claiming the petitioner can't use foreign assets, some claiming they can but only if they're a LPR, not a citizen..... I am confused and stressed out and trying to figure out what is correct.

Hi all,

My mother-in-law is trying to fill out an I-485/I-130 packet for her unmarried daughter under 21 years old.

The issue is the I-864. My mother-in-law has been a lawful permanent resident here since May, and so has never filed US taxes, and so cannot submit any tax returns with the I-864.

Furthermore, she is unemployed, so has an income of $0. However, we just had her house in her home country appraised at ~700,000 USD.

I've read people say that a petitioner cannot use foreign assets, only a beneficiary can. I've also read people say that a petitioner who is a lawful permanent resident, rather than a citizen, can use foreign assets.

Can somebody help me figure out what is correct? I don't see this mentioned at all in the I-864 instructions.

Can we submit our packet with the only proof of finances being her house in her home country, or not? Must we use a joint sponsor?

If we ARE able to use the house as an asset, I think we can show that it's "liquid," as she is not residing there, so why shouldn't she be able to sell it?

However, does anyone have any advice of something we can use to document that she is able to bring money from her home country to the US?

We're trying to get this in by Monday, before this new change goes into effect.

Thank you!