ken27

Hello,

I'm reposting this question because I think it's hidden in my other thread.

I, the principal immigrant, plan to use my foreign cash assets to meet the requirement. According to the State Department's I-864 FAQ, I need to show that the foreign country has no restrictions on the amount of money that can be removed from this country.

Since Ireland, which follows European Union regulations, doesn't have any limit on the amount, there doesn't seem to be any law or official statement about such limits. The closest I've been able to find is Regulation EC 1889/2005 which states that amounts greater than euro 10,000 must be declared. Any suggestions? Are you aware of how anyone has addressed this in the past?

Ken

Noorah101

I think most USCIS officers are aware that it's not difficult to move funds from Ireland to the USA. They would be more worried about funds in countries like Iran or Pakistan, for example. I think your documentation should be fine.

Of course it's all up to the officer to allow it or not, so be prepared with a Plan B just in case.

Rene

meauxna

It never came up for us; but the bulk of our assets were in the US. (IE so we were not solely relying on money in foreign accounts)

I agree with Rene that there is likely some list of 'trouble' spots.. I remember some friends who couldn't move their money out of SA at one point.. things like that.


edit: I just recalled a thing that's going around you'll want to read about.. FBAR reporting. Look for the thread in the USA forum. This is regards your responsibility to declare certain non-US bank accounts.

jeffreyhy

I'm inclined to agree with Rene and meauxna. I expect that the consular officers are familiar with the policies of the country where they are posted. This is something that they've certainly seen before, they know what's permissable, so all they need is something for the file. The regulation you cite will likely be adequate.

ken27

Just to clarify, this is part of an AOS application, so the USCIS officers may not be so familiar. Unless anyone comes up with a better suggestion, what I'm going to do is include the following statement...

jeffreyhy

Sorry, I misunderstood your situation. I agree with you, USCIS officers may not be so familiar.

You shouldn't make unfavorable financial actions simply for the basis of immigration, but if it wouldn't harm you financially why not just go ahead and move the money to the USA and eliminate the issue?

Regards, JEff

ken27

Thanks JEff. I considered this, but for me right now it is too financially unfavorable, given the fees and fluctuating exchange rate.

jeffreyhy

I hear you.

The last thought I'll share with you is this, because I always look on the practical side. The affidavit of support is not there to be a hurdle to immigration, it's there to assure that the immigrant has sufficient money available to them to be fed, clothed, and housed. The only way assets can accomplish this is if they are available to the immigrant as cash here in the USA.

If you and your petitioner really don't have the income to provide for your needs - and 125% of the poverty level is a pretty low minimum - then where are you going to get the money to live if you don't move your money to the USA?

And if you do have enough money to live on here in the USA, then you ought to be able to complete an I-864 without needing the assets that you have back in the UK.

Carry on!

Regards, JEff