Sunnybeach7

2 hours ago, evalili said:

If I'm using cash in bank as an assets, does the money have to been in my account for at least a year? My interview is on January 10, so I would just like to ask before I go in.

It's better if it has been. Though I think they mostly want to see that a large amount wasn't put into the account right before your interview.

2 hours ago, mallafri76 said:

What country was the interview? On the app, so can't see that.

It was in Morocco

2 hours ago, mallafri76 said:

 

Whose assets are you using, yours, your mum's or the foreign spouse's? 

Mine and my mother's. The house is mine, though I'm sure they won't allow it to be counted.. bank account and IRA are my mother's (she's retired/disabled).

2 hours ago, mallafri76 said:

 

We used only assets to meet the financial requirements. All assets were in my name and in my home country Sweden. We had to show bank statements and stock portfolio analysis going back a year, to show that the assets had been in my possession for at least a year. We also included a letter from my bank manager. 

I also showed statements for a year for both accounts, but it didn't seem to matter at all.

2 hours ago, mallafri76 said:

 

Not sure how a retirement account works in the US, can you choose to withdraw the entire amount in one go or is it a certain amount on a regular basis?

You can always withdraw it. If you are below retirement age, you are penalized a certain amount. If you are above retirement age you can withdraw some or all of it.

34 minutes ago, evalili said:

They will consider it at the interview. The NVC only looks at income. Like my case, my husband doesn't make enough due to the fact that he has only went back to the states and worked for 2 months when he filed petition for me, we are using assets, so when the NVC informed me that my husband doesn't make enough income, I should look for joint sponsor, I called them and asked about that and told them that we have enough assets. The officer told me that the consulate will do the calculation and put our assets into consideration.

We already had the interview and they wouldn't consider the assets at all. That's why I was wondering, if legally they had to consider them. Since we were not approved, I guess not. I was hoping someone knew something that I don't. We are just unlucky I think.

28 minutes ago, Boiler said:

When will you be able to return to work?

I'm thinking of possibly in the next few weeks. I don't want to leave my mother unattended for long periods, especially since my son is only 14 and I have an autistic daughter (19) at home too.. but I'm thinking of trying to get some work at least in fast food over lunch for maybe 3 hours a day and see how that works out, then maybe add a few hours. I don't think I will be able to cover the full difference without using assets unless I can get up to at least 22 hours, maybe more if they won't hire me at the starting rates of $9 that they have been posting. (I have over 10 years experience in food service, so I'm hoping that won't be an issue).

44 minutes ago, JFH said:

 

 

Cash in a bank account they usually want proof that it has been in the back fir at least a year. You can't put $10,000 in the bank on Monday and go to the interview on Tuesday and say "look I have enough in the bank". The retirement/pension fund won't be of any use as it cannot be accessed until the person has retired. All assets must be able to be liquified within a year. 

Yeah I provided bank statements as well as retirement plan statements for a year.. however, they wouldn't consider them. I think you missed where I said my mother is past retirement age, so accessing the account would not be a problem. We are using my mother's income and assets as well since we live in the same household. If my mother was still working, she would have been able to sponsor easily with her income plus Social Security Retirement.. unfortunately she had to have leg surgery a few years ago and lost some of her lower leg. Since she has not been able to walk more than several feet with her walker, I've been taking care of her here since the surgery.

 

7 hours ago, evalili said:

 

Don't worry. If your cash in bank, stock and bonds are enough (minimum minus income, then multiplied by 3), then that would work.

 

If you get a co sponsor, then their assets will have to be the difference multiplied by 5.

We have enough, to make up the difference in assets (cash, retirement account) x8 (I know we only have to have x3).. but it seems they won't consider our assets at all. I did send them a year worth of proof for everything. Also I own the house, but I figured they wouldn't use it anyway since we live in it, so I don't count it in estimation for assets.

On 1/3/2017 at 11:22 PM, Boiler said:

Does not have to be a relation

Yeah, I realize that, thanks. Unfortunately I don't have anyone that is not a relation either.

2 minutes ago, Boiler said:

Go with the joint sponsor?

I wish I could. My father and all of his family is dead except one uncle who lived in another state last I heard about 10 years ago. My mother who is sponsoring with me is retired. I'm an only child, and the few of mom's relatives that there are are also retired, so if they won't let us use our assets, I'm sure they wouldn't let them use theirs either.

1 minute ago, EM_Vandaveer said:

Is it not NVC that decides if the I-864 is sufficient or not?

No.. it is the consulate that decided at the interview

2 minutes ago, NikLR said:

Yes cash, stocks, bonds etc... anything that is liquid (cash is liquid) or can be made liquid within 1 year.

But the items must be documented.  So a sudden 10k cash in your bank account is going to be suspect. 

Thanks so much for your reply. Do you have any advice on what I could do since my husband was told he had to get a joint sponsor because we didn't meet the income requirements (missing about $10,000, but sent documented statements of the values of checking and retirement accounts that total about $80,000).. The interviewer did not mention the assets being used at all and just kept telling him we didn't have enough income and need a joint sponsor.

Just now, NikLR said:

They have to consider well documented, provable assets that are not a main car and generally not a main home.  The assets must be liquid or able to be liquid within 1 year without undue hardship on the sponsor. 

That would include cash in bank accounts, correct? And do you know if it would also include stocks, bonds and stuff in a retirement account when the sponsor is past retirement age and can freely withdrawal on the account?

When applying for a spouse and you are short income, you are allowed to make up the difference in what you are short x3. Does the consulate HAVE to consider your assets before denying you, or can they just say that they won't allow assets to make up the difference, and refuse you?

well in that case, i hope everything works in her favor. i always thought because it was called CR-1 visa, the conditions apply no matter what.

I would certainly say to hire a lawyer who may give you better option on how to work this in your favor.

Unfortunately, I don't think there is much hope. The sponsor will have to support this person. There is not a way out of this through divorce. This is why they have this requirement of having a sponsor. The visa issued would have been an IR-1..

• IR1 (IR stands for "Immediate Relative") Visas entitle their holder to receive Permanent Residency within the United States for a period of 10 years (may be renewed)
• CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years

The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued. If an applicant has been married to their US Citizen spouse for a period of two years or greater they will be issued an IR1 Visa. If they have been married less than two years they will be issued a CR1 Visa. A CR1 Visa will result in the applicant obtaining "conditional" permanent residency within the US and after a period of two years the applicant can apply to "Remove Conditions" 90 days before the conditional permanent resident card expires and they will be issued a regular 10 year green card.

I thought that if you enter on a cr-1 visa, there are conditions applied such as to stay married to your spouse and show you have been married more than 3 years and your marriage is real, then you will get the permanent residency. Since it is called Conditional resident visa for a reason. So if the guy is not truthful or want to stay married, she can surely file for a divorce and if her case is legit, he may not be able to live here. I would highly recommend getting a lawyer to look at your case and be truthful with everything.

One of my family member went through something similar but the guy ran back to pakistan so his whole application was abandoned.

Considering that they were married on 2012-10-23 and he arrived in the US last year.. they would have been married over 2 years.. so there would be no need for adjustment of status. If he went to the interview and got the visa (OP didn't update this part.. just that an interview was scheduled last year) then he is here, been married long enough to be allowed to stay here.

I have started a divorce in the court and a protection order as well, My husband came here last year and since then been blackmailing and threatening me. My question is this that I don't want the sponsor (cousin) to be involved in this matter, My husband says that he will make sure the sponsor gets dragged into this case as well, Is it possible I can write a letter to the NVC and let them know that I have applied for a divorce in the court and also let them know that the sponsor doesn't want anything to do with this? Will the sponosr have to write a letter to NVC stating that these 2 people are divorcing so he isn't my husbands sponsor anymore? Please help.

Someone correct me if I'm wrong.. but once you are married and he is here in the U.S., sponsorship can not be canceled, even if you get divorced.

Since the AOS papers are being sent to NVC, will my husband still need to take AOS papers to the interview? Original signed i-864s? Plus copies of IRS transcripts, birth certificates of the sponsors and all of that?

Between my SS and my job I made enough to meet the requirements but it was rejected anyway. Thankfully my daughter co-sponsored my hubby. He has been here since 2013 and is going to apply for citizenship soon.

I'm sorry to hear that

Thankfully your daughter was able to help and you are together.

If you don't mind my asking, what kind of SS was it? Was it SSI or was it retirement or disability or something?

If it comes in your name, then you can list it, and provide proof of the amount you receive each month along with a benefits letter from the SSA. That does not mean they will accept it though. SSI is public assistance, so that one is not going to be counted as income for sponsorship of an immigrant that you are trying to prove will not become a public charge once in the US. Relying on the SSI as family/household income is not a good thing for sponsorship. While your child's SSI is not the sole family income, you are in need of it for your family to survive right now.

You really need to try and find a joint sponsor.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Public benefits that are received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family.

Acceptance of the following types of assistance may lead to the determination that the individual is likely to become a public charge:

Supplemental Security Income (SSI) under Title XVI of Social Security Act

Hey thanks.. I was pretty sure that the SSI would not be able to be used, just wanted to get some confirmation.. thanks for the link!

Thank you to everyone who gave non judgemental constructive answers. Like I said, I had been trying to find out about this for a while. It's ok if I can't use the kids income.. I just wanted to be sure I'm doing the right thing when filling out the paperwork.

you will need to fill out the worksheet IRS uses for SS taxable income / immigration will not allow the entire amount to be used for income / they use about half so you are not financially in good shape

they look at the fact that your mom's SS payments will be lost to you when she passes / also your other child will soon be out of survivor benefits

not sure how you will all live on the SSI of disabled child

Get home care health for your mom and get out there and find work / you really need a job, income and help from in home care providers

Hey thanks for this.. I didn't realize this. My husband will be working.. and my son when he graduates. And as my son gets older, plus with my husband here.. that would hopefully free up time for me to work at least some also.. after another year. My daughter is struggling in school and I'd been trying to get her appropriate classes for her disabilities without much luck. But finally with a psychologists report, and an appointment with the new school psychologist.. hopefully this year they will have her in appropriate classes that I won't have to spend so much time helping her with. This will free up some of my time once I get her through to graduate. We cyber school. In public school I was told my daughter would be getting across the board F's despite them working with her in small groups and one on one.. so I pulled her and homeschooled for a while before putting her in cyber school.

hmmm.. child support probably can be counted because it does not go to the child. It goes to the supporting parent to help with expenses. Survivor benefits though. A parent is not allowed to touch those and the benefits are in the child's name usually. I remember I got some from my father dying. The check came to me. My sister got some too and my grandmother held onto it for her. It got stolen and our grandmother almost got arrested for not safekeeping the money in an account held in trust for my sister instead of cashing the check and personally holding onto the funds.

I really don't know the legal aspects of it. I also did get benefits when my father died, but they went to my mother. My son is only 13 and his also comes to me. When his father was alive and disabled, I know they sent a yearly paper asking if the money was spent on my son, saved or whatever and how much. I've gotten nothing like that with the survivor's benefits.

Wow that is really sad about your grandmother. That must have been very difficult to go through. I don't trust banks a lot, so I can understand why she would have kept the money at home or something. I hope it wasn't a lot that was lost.

With no income, I am curious how you made it to the other side of the world to get married

As I stated in the original question.. both my daughter and son have an income.. not that I needed to use much of it.. but it does support them well and helps with some of the household expenses.. I had some money I had saved, plus I was saving for almost two years any money I had gotten for Christmas or birthdays.. etc. The rest that I needed, I borrowed from my mother.. which was not a problem considering she is fully in my care. Mostly air fare.. since I stayed at my husbands family's house. Food wasn't expensive there.

Sounds like you need to find a job and find a way for your mother's insurance to pay for home help during the time you are gone.

i've been trying to think of a way that I can work without spending too much time away yes. We've tried to get help in the past, unfortunately, my mother makes and has "too much money" and the insurance is of not a lot of help even though I got the most expensive supplement plan.

Can you find a co-sponsor just to be safe? All income you're trying to use is not money from work or earned from a job. It's money given by the government to "rightful owner". Please to make things easier, try getting a co sponsor. Good luck

Only my mother. I'm an only child.. my father died when I was 17, and almost all family members from his side of the family have died. Any relatives I have that are still alive are retirement age without much income. I have no friends. So there is no one else really to help me.

No you cannot use them as income. You maybe the payee for their benefits, but the funds belong to them and not you. If you are using your mother's benefits as income, she will have to be co-sponsor??? that lives with you. Someone may correct that statement. She will need to file a 864A I believe.

Who is the legal guardian for your 19 yo? How did you wile your income taxes?

Yes, my mother is a co-sponsor. The same can be said for child support benefits belonging to the kids, but you can use child support as income.

I have not filed taxes in a long time due to no income.. my mother has been filing with me and the kids as dependents. Yes she will file an 864A

My daughter's income comes in my name, as does my sons. We had never filed for custody.. me and her father were never married.. and as of her turning 18, I don't know that there is a legal guardian?

I don't have anyone else that can help me sponsor.. this is why I'm concerned about using so many assets. I own the house, but I heard they don't let you use it if you are living in it.