markwm

I'm just about to start the Green Card process with my son as sponsor. Unfortunately he only works part time and does not have sufficient income to qualify. However, I was on the USCIS site and noticed the following line towards the bottom of the page under the section entitled "Income Requirements":

You may count the assets of the relatives you are sponsoring.

I have read that as that even though he does not have sufficient income we can count our assets as part of the amount required. Have I read that correctly or have I missed the point?

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

JSL8610

Yes,the assets of the intending immigrant may be used. Assets must equal 5 times the difference between your son's income and the minimum income requirement.

Noorah101

Well, your son can count HIS assets. I'm not sure if the intending immigrant's assets can be counted.

In your case, assets will need to equal 5x the amount he would have needed in income.

Cash in the bank is the best asset.

My questions would be: Does your son have enough in assets (assuming you cannot contribute yours), and is it cash in the bank?

Rene

Noorah101

Does the intending immigrant add the assets to the son's I-864 and do an I-864A?

Rene

JSL8610

Hi Rene,

The intending immigrant's assets can be added to the son's assets on the son's I-864, but an I-864A is not required.

http://www.uscis.gov/files/form/i-864instr.pdf

Page 9, Item 28.

Regards,
James

markwm

So if he earns $15000 and the requirement is $25000 I would need assets of $50000?

Excellent: thank you.

Noorah101

In theory, you have the right idea. It helps to use specific figures, though.

The I864P which shows the level of income needed is here: http://www.uscis.gov/files/form/i-864p.pdf

Your son will be looking at the 125% column figure for his own household size plus the immigrant. None of the figures on the I-864P equals $25,000.

Now, if we assume your son's household includes 2 people (perhaps him and his wife), plus you, his household size becomes 3. The amount he'd need to earn in income for a household of 3 equals $23,862.

If he earns $15,000, then he's lacking $8,862. Multiply that by 5 and it comes to $44,310. So, in this scenario, assets will need to equal $44,310.

Assets need to be able to be liquidated within 1 year, and must not pose a hardship to the sponsor. Cash in the bank works best.

Rene

markwm

Thanks; appreciate the help (I didn't want to use real numbers).

I saw a lawyer on Thursday who didn't seem to know this even though I asked the specific question; though, to be fair, I've asked this quite a few times and no one seemed to think it was allowed; just kept telling me to find a co-sponsor which isn't always possible. Hopefully, this information will be useful to others.

JSL8610

That's pretty poor. It's explained clear as day on the I-864 and on the I-864 instructions. Was they lawyer specifically an immigration attorney? He definitely should have known the answer if so.

To be fair, you could have found it yourself by reading the form too. Perhaps the lawyer thought it would be easier to get a Joint Sponsor? Even so, he should have told you it it possible to use your assets.

markwm

Yes, an immigration attorney. Very nice chap: just dissapointed he didn't know this and, when I started digging, I was able to find it for myself. I was really asking if I had correctly read what I found since no one else appeared aware of it.

JSL8610

Yeah, it's concerning how often people come here with advice they've been given by immigration attorneys that isn't right. It's good that you checked for yourself - good thing to do in general really, regardless of where information comes from.