I864 Using Assets Only

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Old Apr 3rd 2017, 6:19 pm
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Default I864 Using Assets Only

Hi everyone,

i'm trying to fill out the I864 but we wont be having a joint sponsor in the US and will be using the money from the sale of our house as assets which will be available before we move. Our house has sold and solicitors have been instructed. I have a letter from the Estate Agents confirming the accepted offer amount and the sales notification, also correspondence with the solicitor.

My questions are mainly related to filing out the i864 correctly as even from the first question I have no idea what to answer and what to not answer.

Who is supposed to be filling the form out? Me (beneficiary) Spouse (petitioner)
Spouse family?

Do we leave Part 3 blank as this is about other family members immigrating?

Part 4 - what do we need to fill in here, sponsors information is catered to them being in the US, do we fill this out even though we both live here and are using funds from here to support ourselves, instead of using a family sponsor in the states?

Part 5 - Do we leave this blank as we dont have a household?

Part 6 - Do we put down my wife as the sponsor, her income and employment here in the UK? Wife has recently done last 3 years tax returns so do we insert that info in Part 6 item 18?

Part 7 - This seems the most relevant to us for the first bit. The second bit talks about the i864a which is assume we wont need as thats if we are having additional sponsors?

Part 8 - Looks like just read and sign.

Sorry for the long post but I can't quite get my head around how we fill everything we need to fill out without leaving important things out but not putting stuff in we don't need.

Many thanks in advance as always.


Kindest

Chris

p.s Do we use current exchange rates to convert £ to $

p.p.s what do we put down about proving that my wife will be moving back to domicile in the US?

Last edited by chris23; Apr 3rd 2017 at 6:23 pm.
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Old Apr 3rd 2017, 6:40 pm
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Default Re: I864 Using Assets Only

Originally Posted by chris23
Who is supposed to be filling the form out?
The I-864 is completed by the USC spouse. No one else.


Do we leave Part 3 blank as this is about other family members immigrating?
If you're the only one immigrating (read = no children or other people), then yes.


Part 4 - ... do we fill this out even though we both live here and are using funds from here to support ourselves, instead of using a family sponsor in the states?
Yes.


Part 5 - Do we leave this blank as we dont have a household?
The USC spouse, who is completing the form, most definitely does have a household: her and you!


Part 6 - Do we put down my wife as the sponsor, her income and employment here in the UK?
Yes.


Wife has recently done last 3 years tax returns so do we insert that info in Part 6 item 18?
Yes.


Part 7 - This seems the most relevant to us for the first bit.
Correct.


The second bit talks about the i864a which is assume we wont need as thats if we are having additional sponsors?
That's not quite the reason, but yes - you don't need that section.


I can't quite get my head around how we fill everything we need to fill out without leaving important things out but not putting stuff in we don't need.
It's easy - complete the parts that are relevant; don't enter information where it's not relevant.


Do we use current exchange rates to convert £ to $
Yes. Many people use either the xe.com rate or the IRS rate. Either is fine.


what do we put down about proving that my wife will be moving back to domicile in the US?
Nothing. You aren't require to show domicile on the I-864. That'll be something you demonstrate at the visa interview.

Ian
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Old Apr 3rd 2017, 6:44 pm
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Default Re: I864 Using Assets Only

Don't leave anything blank - mark it with "None", "Not applicable", or whatever is appropriate, otherwise they won't know if you just forgot to complete that section.

The intent to domicile just means anything you have related to severing ties to the UK and plans to settle in the US - so your house sale documentation is perfect, also a draft of your resignation letter, plus anything either of you have related to looking for work or housing in the US. .... I have never heard of anyone being turned down for a visa because of a lack of evidence of "intent to domicile".

And yes, use the current exchange rate.
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Old Apr 4th 2017, 12:21 am
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Default Re: I864 Using Assets Only

Keep in mind that in order to use the cash from the house sale as an asset, the money has to actually be in the bank. Doesn't sound like yours is yet?

Rene
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Old Apr 4th 2017, 12:29 am
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Default Re: I864 Using Assets Only

Originally Posted by Noorah101
Keep in mind that in order to use the cash from the house sale as an asset, the money has to actually be in the bank. Doesn't sound like yours is yet? ....
Has that changed? I reported the equity in our home when I did the "assets basis", ..... And the house didn't sell until we had been in the US for nearly eight months!

I know the UK only allows "cash in the bank", but I understood that the US allowed realizable assets at market value.

Last edited by Pulaski; Apr 4th 2017 at 12:32 am.
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Old Apr 4th 2017, 12:51 am
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Default Re: I864 Using Assets Only

According to the OP's initial post, they "will be using the money from the sale of our house as assets which will be available before we move".

I am just making sure they know the cash has to be in the bank prior to the interview, since that's when they'll show it on the I-864.

Rene
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Old Apr 4th 2017, 1:07 am
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Default Re: I864 Using Assets Only

Originally Posted by Noorah101
According to the OP's initial post, they "will be using the money from the sale of our house as assets which will be available before we move".

I am just making sure they know the cash has to be in the bank prior to the interview, since that's when they'll show it on the I-864. .....
So you're assuming that they're reporting "cash in the bank" as an asset. .... I read what was posted as "equity in our home (which we will liquidate to cash before we move)".
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Old Apr 4th 2017, 1:12 am
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Default Re: I864 Using Assets Only

Originally Posted by Noorah101
According to the OP's initial post, they "will be using the money from the sale of our house as assets which will be available before we move".

I am just making sure they know the cash has to be in the bank prior to the interview, since that's when they'll show it on the I-864.

Rene
I thought that assets listed on I-864 just needed to be able to be converted to cash within 1 year.
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Old Apr 4th 2017, 1:15 am
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Default Re: I864 Using Assets Only

Originally Posted by tom169
I thought that assets listed on I-864 just needed to be able to be converted to cash within 1 year.
Thx, that's the wording I was looking for!

I think Noorah is just concerned about a mismatch been how the asset is described in the I-864 and what that asset actually is.
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Old Apr 4th 2017, 2:05 am
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Default Re: I864 Using Assets Only

Originally Posted by Pulaski
Thx, that's the wording I was looking for!

I think Noorah is just concerned about a mismatch been how the asset is described in the I-864 and what that asset actually is.
Yes, seems that way.

Rene
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Old Apr 4th 2017, 7:34 am
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Default Re: I864 Using Assets Only

Thanks everyone and apologies for the ambiguous wording.

I do in fact mean placing the house equity as the asset and was stating that this will be liquidated before we move but not before the interview so i'll be submitting it as equity assets rather than cash in the bank.

Thanks so much for all the help

Chris
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Old Apr 4th 2017, 4:20 pm
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Default Re: I864 Using Assets Only

Originally Posted by chris23
I do in fact mean placing the house equity as the asset and was stating that this will be liquidated before we move but not before the interview so i'll be submitting it as equity assets rather than cash in the bank.
To clarify, you don't need to actually liquidate the asset if you don't want to. To use an asset, the only stipulation is that it can be liquidated within a year.

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Old May 18th 2017, 7:57 pm
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Default Re: I864 Using Assets Only

Hi all,

Just finalising the last few bits before the interview. On the I864 we have filled everything out but for my wifes last 3 years 1040s it shows $0 as adjusted gross income as it was foreign earnt money which is also attached to the tax report whcih is a Form 8965. It only asks for info from the 1040 which i've put down on the i864 so the last three years questions shows $0 on all three years. Is that correct?

Also, for income, I put down her UK income in $ amount but this job will end before we move so just wanted to check that was alright and i'd put that info down correctly.

Lastly, the assets we are using are the sale of our house and some cash in the bank, which is technically owned 50/50 between my wife and I. On the form should I split the assets between her and myself or just put all the assets to her?

Many thanks in advance

Kindest

Chris
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Old May 18th 2017, 8:11 pm
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Default Re: I864 Using Assets Only

All the assets are hers directly because you're married.

The other two answers look fine.

Rene
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Old May 18th 2017, 8:15 pm
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Default Re: I864 Using Assets Only

Thanks Rene,

Appreciate the response

Chris
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