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-   -   I-864 question (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/i-864-question-753126/)

janeth8711 Mar 29th 2012 8:21 am

I-864 question
 
After reading a few previous threads about this I'm still alittle unsure.
After the sale of our home we have a nice bank balance. my Husband will be mine and and our 2 girls sponsors. family of 5 including our son and hubby. we are wanting to purchase a home in florida. So my question is, if we buy a home will it be classed as an asset for the i-864? or should we keep the funds in the bank for better proof? Also my husband has just been offered a job working from home. if its sorted in time for our interview should he add this also?

Thanks in advance

janet

JSL8610 Mar 29th 2012 9:09 am

Re: I-864 question
 
Hi Janet,

Being at the same stage as you, I don't really know any more than you do but I'll offer my thoughts.

Houses are an acceptable asset, but I think money in the bank is a preferable option. If you've just bought the house, the CO might think you'd struggle to sell it "within one year without undue harm to the sponsor or his or her family members". That, and house prices are pretty unpredictable at the moment.

Have you found a house that you want to buy? I don't know how long it would take to complete the purchase, but your interview is probably only 3 or 4 months away.

If your husband has a job offer, it can't hurt to include it. If he hasn't started it though it might not count for much since they're looking for proof of current income. It would make a nice addition to his proof of intent to redomicile though.

James

teamaven Mar 29th 2012 9:39 am

Re: I-864 question
 
We're sort of in the same situation as well. We have the money but we're waiting on the visa to come through, and we aren't sure if we're better off trying to buy the house before hand or not (there have been some nice ones).

Because I'm a worrier I'm inclined for us to keep the money sitting in the bank at least until we get the visa -- cash in hand and all that. Plus I'm a firm believer in the idea that if we run into a house that is "meant to be" it'll work out anyway. :o

Having said that, I think that under the assets related blurbs in all the paper work it mentioned somewhere that a recent evaluation of the price of the property would be acceptable to decide the value (as an asset). But...I don't know how that works with regard to being able to prove that it would sell in a year or less.

janeth8711 Mar 29th 2012 10:02 am

Re: I-864 question
 
Thanks guys.
We did have a house in mind, bit of a bargain really, needs new carpets and little other bits but its in a good area.
I do think your right though, keeping the money in the bank would make things easier.
Also have you had any thoughts of travelling to london with the Olympics coming? We luve in north yorkshire and really hope we get medical/interview before they begin. The train tickets will be highly priced and doubt if we would be able to get a hotel.

janet

JSL8610 Mar 29th 2012 10:19 am

Re: I-864 question
 

Originally Posted by janeth8711 (Post 9978349)
Also have you had any thoughts of travelling to london with the Olympics coming? We luve in north yorkshire and really hope we get medical/interview before they begin. The train tickets will be highly priced and doubt if we would be able to get a hotel.

Same as you, just hoping to get everything done before they begin. That or delay the process until they end. I'll be coming from Newcastle and definitely don't fancy that when the Olympic circus is in town. Hoping the whole process goes smoothly and I can do the medical start of June and the interview in June/early July

janeth8711 Mar 29th 2012 10:33 am

Re: I-864 question
 
:fingerscrossed: for us, where are you and your family moving to?

JSL8610 Mar 29th 2012 10:43 am

Re: I-864 question
 

Originally Posted by teamaven (Post 9978322)
Having said that, I think that under the assets related blurbs in all the paper work it mentioned somewhere that a recent evaluation of the price of the property would be acceptable to decide the value (as an asset). But...I don't know how that works with regard to being able to prove that it would sell in a year or less.

Honestly, I think it would all be fine if one were to buy a house and use it as an asset. Like you though, I'd rather keep the cash in the bank until the visa is issued.

I'm not really basing this on anything though, just a feeling. I hope my boss doesn't find out that's how I do most of my research.

James

JSL8610 Mar 29th 2012 10:46 am

Re: I-864 question
 

Originally Posted by janeth8711 (Post 9978390)
:fingerscrossed: for us, where are you and your family moving to?

My wife and I are going to Kentucky - either Lexington or Louisville (possibly depending on how the basketball goes on Saturday - no way I'm moving to L'ville if the beat us! :lol:)

She grew up in Lexington and, having been in the UK for 2 years, wants to be closer to her friends and family. I'm all for a change too. Her UK visa expires at the start of October and I'm hopefully going to go at the same time or a few weeks later depending on when I get done at work.

How about you?

James

janeth8711 Mar 29th 2012 11:33 am

Re: I-864 question
 
That sounds great :) were heading for florida. my husband grew up in a place called Apopka (half hour from disney). His dad needs his help although he wouldn't admit it, but my sister in law is there too and more family. We try and go over when we can but a family of 5 isn't cheap travelling. The kids are so excited they can't wait to get there. :D

Janet

Noorah101 Mar 29th 2012 12:38 pm

Re: I-864 question
 

Originally Posted by janeth8711 (Post 9978445)
That sounds great :) were heading for florida. my husband grew up in a place called Apopka (half hour from disney). His dad needs his help although he wouldn't admit it, but my sister in law is there too and more family. We try and go over when we can but a family of 5 isn't cheap travelling. The kids are so excited they can't wait to get there. :D

Janet

Janet,

Just to make sure you know...assets need to be 3x what you would have needed in income. For a family of 5, income level needs to be $33,762. That means the value of assets needs to be at least $101,286. Cash in the bank works best, rather than property.

If your husband actually has income that will continue from the same source once inside the USA, and has proof of such (letter from employer and a few pay stubs) by the time of your interview, his income can be counted on the I-864. He will need definite proof that he will be doing the same work, for the same pay, for the same employer, in the USA.

Rene

jeffreyhy Mar 29th 2012 2:28 pm

Re: I-864 question
 
See 9 FAM 40.41 Notes, N5.6b, which points to N4.6-2 where e(2) seems to be the relevant subsection.

Originally Posted by janeth8711 (Post 9978192)
... if we buy a home will it be classed as an asset for the i-864? or should we keep the funds in the bank for better proof?

See 9 FAM 40.41 Notes, N4.7-1

Originally Posted by janeth8711 (Post 9978192)
Also, my husband has just been offered a job working from home. if its sorted in time for our interview should he add this also?

Regards, JEff

EDIT: People really ought to know about and study 9 FAM - the answers to so many visa questions are answered there.

janeth8711 Mar 29th 2012 8:34 pm

Re: I-864 question
 

Originally Posted by Noorah101 (Post 9978525)
Janet,

Just to make sure you know...assets need to be 3x what you would have needed in income. For a family of 5, income level needs to be $33,762. That means the value of assets needs to be at least $101,286. Cash in the bank works best, rather than property.

If your husband actually has income that will continue from the same source once inside the USA, and has proof of such (letter from employer and a few pay stubs) by the time of your interview, his income can be counted on the I-864. He will need definite proof that he will be doing the same work, for the same pay, for the same employer, in the USA.

Rene

Thanks Rene thats what i thought. When i have my interview do i just need the most recent bank statement or should i take a few previous ones too???

The job hasnt started yet, he would be working freelance for a UK company. Hes lucky enough too be able to work anywhere aslong as hes attached to his pc :rofl:

Janet

Noorah101 Mar 29th 2012 8:41 pm

Re: I-864 question
 

Originally Posted by janeth8711 (Post 9979233)
Thanks Rene thats what i thought. When i have my interview do i just need the most recent bank statement or should i take a few previous ones too???

Bring maybe the most recent 6 months of bank statements. If there is one chunk deposit, from the sale of a home or something, bring proof of where that deposit came from (i.e. proof of home sale).

Rene

janeth8711 Mar 29th 2012 8:48 pm

Re: I-864 question
 

Originally Posted by Noorah101 (Post 9979243)
Bring maybe the most recent 6 months of bank statements. If there is one chunk deposit, from the sale of a home or something, bring proof of where that deposit came from (i.e. proof of home sale).


Great, Thanks

Janet

jeffreyhy Mar 29th 2012 8:58 pm

Re: I-864 question
 
Is the bank a US bank or a foreign bank? In US currency or foreign currency?

You might want to look at 9 FAM 40.41 Notes, N4.6-2 e (1)

Regards, JEff



Originally Posted by janeth8711 (Post 9979233)
When i have my interview do i just need the most recent bank statement or should i take a few previous ones too??



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