jessica13

The reason why we are trying to generate the statements is that some said that it is hard to prove to the officer that the 150k is not a LOAN, but a wedding gift. And that my in-laws are not going to take that money back. Yet, I understand what you are saying as well, the fact that the money will be sitting in our joint account for months anyway ready for RFE anytime if we file immediately.

OK. So I did some research on the tax implication. According to the tax law 2022, as long as a non-US citizen is sending the money to my husband, my husband will only have to file tax if the annual accumulated amount of incoming transfers from oversea is over 100k USD per year. That said, my husband has been receiving 80k-100k per year already for school. So he will file tax if he receive that 150k cash gift for asset proof. Yet, he would likely not have to tax for that because the sender is not a US citizen. Another update, we have figured out to have his multiple relatives send the 150k total from mainland china to my mother in law's hong kong bank account. As my mother in law is a permanent resident in both Mainland China and Hong Kong, there will be no "legal" issues. So at the end, my mother in law will be sending the 150k in one go to my husband's US account so that my husband can file tax on this on one go as well. It might look less "fishy" as it would not be multiple 20k from multiple chinese relatives.

Thank you for all of your advise. After consulting with my parents and my husband, I think I will do the following path: 1. Have my in laws send the 150k cash into our joint account this month and have it inside the account from Late June 2022 2. Submit application in May 2023 once I receive a job offer and use the job offer letter plus 10 months of bank statement as financial proof 3. If an RFE is issued, which will likely be at least after July or August 2023, I would have worked for 1-2 months and will have 1-2 pay stubs to show as additional support Is this better?

Then if I use the 150k-200k to purchase a property in the US, like a small apartment or condo, is that going to better? To use property as a way to prove sufficient assets?

If I were to use the 150k as an asset proof, would be better if the money is in our joint account? Or should I put it in my own account so that it is in the "sponsor's" account?

Is it okay if I try for assets first, and if the officers request a joint sponsor, then I try for a joint sponsor? If they ask for a joint sponsor during the interview, it is not considered as a "denial of visa" right?

I will have the 150k in my account soon. Yet, it will probably reach the 12 month bank statements proof requirement only at the time of the interview that is possibly going to be months or up to 1 year later from the application date.

Yes I believe we are applying for adjustment of status. Although I am not sure if he is able to "adjust his status" from F1 student visa to green card via marital if he is graduating in May 2023.

I am currently trying to apply for a green card for my husband. We have been together for nearly 10 years (since high school) and have been married for 1.5 years in California. We are both currently in DC as we are finishing our masters degrees. Although I was born in the US, both my parents are not US citizens. I have never filed tax as I receive cash support from my non-US citizen parents who are nice enough to pay for my tuition and expenses for all these years. My husband also receives cash support from his parents as well. As I was going through the requirements for using cash assets as a proof of income, my parents in law offered to give us 150k as cash gift so that we can use this money as a proof of asset and as a down payment for our future first home after we graduate grad school and start working. It is a tradition in China that the husband's parents provides a house or down payment for the couple so that they could start their own family. (Obviously we are trying to use this cash gift as a proof as well). I know that 150k is quite over the amount needed for the 3x or 5x income threshold. And I also understand that this amount of money needs to be placed in the bank account for at least 1 year as well. But here comes the more specific questions: 1. As I am the sponsor, is the 150k required to be sitting in my solo saving account? Or is it acceptable is the 150k is sitting in our joint savings account? 2. My parents in law are from China. While China has very strict policies of limiting money going out of China, they limit each Chinese citizen to a certain amount of cash being transferred to overseas. His parents have been sending cash for tuition and assistance and those already totaled to around 80-100k a year. Is it okay if my husband's relatives' name show up on the bank statements and show the proof that my husband's parents have paid Chinese RMB to those relatives just to get the money out of China? 3. For the "at least 12 months of bank statements", is it okay if I submit the green card application forms first, and show them the 12 months of bank statements during the interview? So that the money will have sat at the bank for 12 months at the moment of the interview? Or does the money have to sit in the bank for 12 months before my submitting any application? 4. I will be receiving job offers in Late April/Early May 2023, which is the time we are trying to schedule the visa interview at. Does my job offer of 75k annually a better option than showing cash assets to the visa officers? Thank you for reading this! I really need some help here!