josiahlockhart

I have a quick question about the i-864 on assets. My wife is a UKC and has her IR-1 Visa in a week and a half. I only just today figured out that I might be able to do it without a joint sponsor (though I have one my father as backup).

We currently own a home in Scotland with £80,000 equity in it ($128,800 at today's rate). We have had a qualified estate agent do a survey of the house to give us this figure and have all the documents to show ownership and mortgage amount.

In addition to this, we just transferred £10,000 ($16,320) from our UK savings account to my Wells Fargo account in the U.S. for which I can show 12 months statements. I realize that having just transferred the money may look like it came out of nowhere, but I can show a money trail in our savings back to April when my wife pulled it down from her investments.

These assets total $145120, well above the $95450 (5x) level needed for a family of 3.

In your opinion would I still need a joint sponsor? and would I need to show the money trail for that $10,000?

Thanks in advance,

Noorah101

You can try. It's up to the ConOff to decide to use property as an asset or not. In today's economy, you might not be able to sell the property for that value within 12 months.

It doesn't matter whether the money is in a UK or US savings account. Either one will be fine. Yes, make sure you can show the paper trail.

Your assets only need to equal 3x the amount lacking in income. The joint sponsor's assets would need to equal 5x the amount.

I can't say for sure, but since you already have one lined up, here's what I would do. Prepare an I-864 package without a joint sponsor, showing all those assets. Also prepare an I-864 with a joint sponsor, and keep that aside. At the interview, turn in just the I-864 without the joint sponsor, and see what the ConOff says. If she doesn't like the use of property as an asset, and says you need a joint sponsor, then hand over the joint sponsor's I-864 package. Go prepared either way.

Probably a good idea, yes.

Rene

ian-mstm

Sorry if this is a bit off topic, but I notice that you recently posted that you were able to activate a prior I-130 petition that had been abandoned. This is an issue that is cropping up more and more in recent years.

If it's okay with you, would you be so kind as to start a new thread and explain to the readers what happened, and the steps you took in order to get the I-130 moving forward again, who you contacted, any costs involved, etc... and, of course, suggestions for what pitfalls to avoid if any? Thanks!

Ian

jeffreyhy

I agree with Rene - maybe.

Since the bulk of your money is in the form of an unsold home in Scotland, you're not going to be able to buy food, clothing and housing with it when you arrive in the USA. Your $16,000 in cash will hold you for a while, but will it last until you can get that house sold? For the amount that the agent thinks?

Further, your post doesn't say if you intend to sell the house ...

Regards, JEff

josiahlockhart

We're in conversation with the estate agent about what is better to sell or rent it as we speak. I am aware that the $16,000 isn't loads, but we both have jobs that we are starting ($80,000 together), I will be paid from January regardless of whether or not I have entered the US yet, my wife will be paid from when she lands. I know I cant put that on my i-864, but we'll have evidence of it at the interview.

Thanks for the advice, we'll have the joint sponsors paperwork to hand so I don't see much problem either way.

I'll go ahead and write a post about re-activating the i-130 a few years on.

Noorah101

If you're going to use it as an income rental property, it won't be a good asset, because you will have renters living there, and you won't be able to easily liquidate the asset within 12 months without undue hardship (you'd have to kick your renters out!). If you're going to use it as an asset, you might need to also bring proof that you have the house on the market *for sale*.

However, if it's rented by the time you go to the interview, then you can use THAT income as income that will continue from the same source once inside the USA. Whether that's enough to put you over the I-864P income requirement, I don't know. If you go this way, bring proof of a rental agreement to the interview.

The $16K in savings isn't going to be enough of an asset on its own.

The only thing future jobs will help with, is showing intent to domicile in the USA.

Rene

jeffreyhy

You'll have to make up your mind which it is for the I-864 - is it an asset that you can turn into cash or is it income. If the latter you'll need a signed-up renter, perhaps for a longish period.

Regards, JEff

josiahlockhart

We're meeting with the estate agent on Thursday, so hopefully will know then. That being said, I think the whole process will be less stressful and lower risk if we apply with a joint sponsor.

Noorah101

I agree.

Rene

Route101

I would go with the joint sponsor and show the paper trail of the accounts.

Noorah101

If they are using a joint sponsor, they no longer need to show a paper trail of their own accounts.

Rene

josiahlockhart

As a continuation of this conversation, I just wanted a second opinion if this is all the paperwork I need

DS 230 part 2
Applicants Passport and old passport in maiden name
Applicants Birth Certificate
My (USC) Birth Certificate
Son's Birth certificate and consular report of birth
Marriage Certificate
Applicant's Police Certificate
My (petitioner) i-864 and 3 years tax return transcripts
My father's (joint sponsor) i -864, 3 years W-2, 3 years 1040, copy of most recent pay stub
Copy of Joint Sponsor's Passport
2 Photos

Also taking (just in case)

Title, mortgage statement, letter from bank showing ownership of house, valuation of house
Quote and receipt from shipping company
Job Offer/contract for myself (petitioner)

And photocopies of everything!

Have I forgotten anything?

Noorah101

If the joint sponsor's tax return included more than just the 1040 and W-2 (for example, any schedules or attachments), then make sure you have a photocoipy of all pages of the entire tax return. Most people's tax returns don't consist of ONLY the 1040 and W-2. His might, but best to double check. Or, he can submit official IRS tax transcripts, which are a condensed version of the entire tax return.

Rene

josiahlockhart

I've got them, but they number in the hundreds of pages... I'll print them out though

Noorah101

So you're saying 3 years worth of tax returns is hundreds of pages? That seems actually TOO much, but who knows. I guess he has a lot of Schedules and Attachments.

Is this the original I-864 package you're bringing to the interview? You didn't mention these were copies, in your prior post.

Rene