BCS

Hello all, I was referred here from a yahoo group.

My wife and I are at the moment trying to get my visa to go through for
my immigration into America. She is in America at the moment, living
with her family. She is unemployed for medical reasons, and we are
trying to sort the affadavit support for my application. Even with her
family co-sponsoring her, they do not have enough combined to meet the
minimum requirements for the 125% above the poverty level due to the
number of dependends they have.

However, I am currently employed full time, and I have more then enough
assets to meet the 5x the difference between their income and that said
level. The assets are in the form of a house, the deeds and the mortgage
are in my name only. I have questioned my mortgage company and they say she must be a permanent resident of the UK to have her name on the
deeds. Her UK visa expired before she left so we would have to reapply
from scratch if she has to come here.

I can readily put the house on the market and sell the house at a loss
and still have more then enough assets.

My question is, can my wife use my assets on her affadavit application,
given that it will be readily turned into cash when I move over?

All the sites I find are in reference to visas for fiances say that a
finace's assets can count. But we are married.

Thanks for any advice you can give.

Ben

Noorah101

Hi Ben,

Since you are married, I'm assuming the Affidavit of Support your wife is doing is the I-864. In that case, then no...your own income/assets do not count towards her sponsoring you. Only if you have lived together 6 months or more can they count.

My thought is that she'll just have to keep searching for a joint sponsor that meets the requirements.

Best Wishes,
Rene

ControlFreak

Can he adjust status if he isn't currently in the US? Or is the I-864 used for other things too?

CF

Noorah101

Hi CF,

The I-864 is part of the process of obtaining a CR-1/IR-1 immigrant visa.

K-1's use the I-134, and I'm not sure which one the K-3 uses.

Rene

ControlFreak

Oh, ok. I figured it must be something like that.

I have nightmares about the I-864!!

CF

BCS

We lived together from October 2001 in the UK, we went to America in March of 2002 and got married, and then she moved back here until August 2004 when she went back to live with her family and to sort out my immigration. So in all we've lived together for nearly 3 years, just not the last 6 months. Do they have to be the last 6 months?

[email protected]

Assuming that you speak about the K1 visa and assuming that your wife
is a US citizen:

She cannot use your assets, but you can "selfsponsor": waive the
affidvit by showing your assets at the embassy

Noorah101

Well, I'm not sure about that...but I would assume it should be the most current 6 months, yes...so that it will be combined income. Right now you haven't lived together for over a year, so your income isn't really combined into one household.

This is for the I-864 which she is going to submit back to NVC, right? Somehow I'm thinking living together in the UK last year won't cut it...but I don't know for 100% sure. Good question...hopefully someone can chime in who knows.

Rene

Noorah101

Olwagner,

They are not doing a K-1. They are already married, and are therefore doing the I-864 in conjunction with an Immigrant Visa.

Rene

jeffreyhy

Rene,

Read the I-864 again. It appears to me that the sponsored alien's assets can be used on the sponsor's I-864 without regard to whether or not the sponsored alien qualifies as a Household Member.

Regards, JEff

jeffreyhy

Ben,

Please clear up the issue of what visa you are applying for.

Regards, JEff

jeffreyhy

Rene,

The K3 is a non-immigrant visa, same as a K1.

Regards, JEff

BCS

This is basically the procedure we're following. I don't think its technically a K1 or K3 visa we're applying for.

http://www.usembassy.org.uk/cons_new.../imnvcoct.html

We have had the inital application approved by the NVC and now my wife has been sent the I-864. Which we are struggling to fill in.

Thanks,

Ben

Noorah101

That route will lead to your IV Immigrant Visa (either CR-1 or IR-1 depending on how long you've been married).

As Jeff pointed out, I could be wrong on whether the alien spouse's assets can be considered. Are your assets 5x the amount needed for your wife's household size plus you? I hope you get it worked out soon.

Best Wishes,
Rene

meauxna

I hope you won't feel too bad, Rene

The immigrant's assets may always be used, regardless of living with the Sponsor.
http://travel.state.gov/visa/immigra...info_1328.html

"Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under these conditions:

The assets must be readily convertible to cash within 12 months
The applicant must show that he/she can take the money or assets out of the country where they are located. Many countries have strict regulations which limit the amount of cash or liquid assets that can be taken out of the country
The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the household size."