blaze2363

hi there,

my wife is petitioning for me,she doesnot have any income o valuable cash in US,
i wonder if i could use my property( an apartment in iran) to meet the income level for poverty guideline ?

Does NVC accept real state in iran as an asset ?

Noorah101

I can not say for 100% sure, but my layman's opinion is that no, property in Iran will not be acceptable as an asset. It would probably be difficult to prove the value of the home to the satisfaction of the ConOff, and also would be very difficult to transfer the funds to the USA upon sale of the property.

Your wife should try to find a joint sponsor.

My husband is Iranian, too.

Rene

Rete

She does not need to show assets to meet the requirements of the affidavit of support (I-864). She needs income first and if she has no income then she can use assets. But they have to be her assets, not yours, i.e. your apartment in Iran.

If she has no income where is she living and how is she being supported? Is she a welfare recipient? Or was she previously married and has children and receiving alimony and/or child support?

Noorah101

I would say normally a married couple can use assets from either husband or wife, since assets would be considered joint....but I think their problem is that the property is in Iran. That's probably not going to be acceptable.

If it was a married couple with property maybe in Canada, they might have a chance. But not Iran.

Rene

Rete

It was my understanding (and I know some requirements have been changed on the I-864) that if the foreign spouse is living with the USC for 6 months then their income and/or assets can be used and their assets can be used if they are living together in a foreign country with the USC having legal rights to do so.

This is not the case here, hence my reply.

Noorah101

Understandable. That 6-months of living together is no longer required. And to my knowledge, the asset can still be in a foreign country, as long as it can easily be sold for the right value and the funds easily transferred to the USA. Iran cannot easily transfer funds to the USA.

Rene

meauxna

The 'live with for 6 months' was removed when the Final Rule was enacted. The I-864 detailed instructions go over what is allowed in terms of assets.

I agree with Rene that property in Iran is problematic for an asset. OP may want to look into a Joint Sponsor (and be aware of additional administrative processing after the interview, which is unrelated to the I-864).

blaze2363

thank you any way , i also think we have a little chance,
i contacted with NVC,and i will let you know what their answer is about this case.

Noorah101

NVC is not the right place to ask. The person who will be making the final decision and accepting the I-864 is the Consular Officer who conducts the visa interview, and you won't know in advance who that is, and even if you did, they won't give you an answer ahead of time without seeing all the paperwork.

It's best if she gets a joint sponsor.

Rene

blaze2363

We are unable to find a friend or relative to fill out the I-864,

how can a person find joint sponser ? should we go to some lawyer ?

we may lose our case if we don`t send the AOS form in next 3 month .

what should we do ? we are so disappointed ,

meauxna

We don't know anything about your situation.. I don't know what we can suggest that will apply to you.

Your wife has no income and can not make some? No family in the US? What is your situation here?

jeffreyhy

Your wife must be getting money from some one or some where in order to keep herself alive. Where is the money coming from for her support?

Regards, JEff

Noorah101

Your wife has checked with all her friends? Any relatives living in the USA? Her mosque or church or religious group she belongs to, if any? Do you have any friends or relatives living in the USA yourself that you can ask?

Usually people know enough other people, either friends or relatives, to ask maybe a handful of people. Hopefully one of them agrees to joint sponsor. That is the only way to "find" one.

No, a lawyer cannot help you find a joint sponsor.

As others have responded, I agree that we first need to know why your wife does not qualify herself. Does she have SOME income but not enough? Can't she work? Where does her current income come from? How is she living from day to day? On what money? Many people get a minimum wage job for the duration of the visa process, even if they don't plan on keeping it after that. Or if they have some income but not enough, they supplement it with a second job to get the income up to the right amount for the duration of the visa process.

You can always TRY to use property in Iran as an asset...then let the ConOff decide at your interview. At least that will buy you more time to find a joint sponsor, instead of losing the case right now. Or, you can sell your apartment in Iran, get the cash, and get it to a bank somewhere converted to USD, then show proof of that as an asset. Keep in mind the value (cash in the bank) needs to be 3x what she would have needed to show in income.

Rene

blaze2363

-we are married for more one year , ( one and half exactly ) we knew each other for more than 6 years.

-my wife lives with me in Iran , I work and earn for the living ,she does not work , still looking for a job some in Iran,,,if I could go to US, she can go to work. Both of have Master degree from our best university in the country.

The family told me that she could stay in US and work for a year so she herself can support me, but both of us don't like the idea, we want to live together , not falling apart,

any suggestion if she could work and we still be together ?

should she work for a year , or 6 month or less than it to support me herself?



- out major problem is we do not know enough person in USA .

- I have no family or friend in USA .

-she does not have any religious ties in USA.

-she had her sister family in US, but they announced bankruptcy , they are going to court and ,,,

Her sister family situation her household is 6 people included me if she could support me, so their asset and cash must demonstrate a good shape)

1.they told me they did not have a positive income level to support me ,
( they did before for my wife 7 or 8 years ago )

2.their asset might return to the bank and we cant count on them too, their buy their house by some loan ,they said it is not enough.
But they tell me if I find a legal way, they will surely help us.

3.bank may want to take their second car .

Since they are facing financial problem and the bankruptcy case, we can not depend on them.


-my wife has told some few friends she had and the other family of her sister but they refuse to accept,

she just check with on other family,he is an old person,he said now he does not income nor valuable asset ,no body want to help others in this situation !



If we want to use asset and cash, we need 5x more than what she would have needed to show in income.


I have every thing in Iran to show that I have positive income level, also assets of all of my family and her family too,


The idea of selling the house is my last one, because we surely face so much loss to move the cash out side of the country and also the government does not agree to move the cash to other country easily. !we should pay them a lot to agree with. this is the most hardest way.

Also I think the cash in bank will be blocked until the support finishes and it may take at least 7 or 5 years (2 year for removing conditional LPR, 5 or 3 years to get citizenship) am I right?

Also we want to save our situation in Iran, I don't want to ruin all of the bridge we left behind because I am responsible for the family and in every situation ,it is me that must support family for suitable life.

- I like the idea to show my asset in order to delay in process not to lose the case

thanks for your kind help,all of you people...

C_C

Your best bet to stay together in your situation would indeed be to find a suitable co-sponsor, so make sure you exhaust all the options on that front. Does your wife have parents in the US? Could they co-sponsor?

If this fails, then I'm afraid the only way (again given the situation you've described) would be for your wife to go back to the States ahead of you, find a job that meets the minimum income requirements and sponsor you this way. Unfortunately yes, this would mean that you'd have to live separately for several months.

Because you're applying as the spouse of a US citizen, you only need to show assets x3 instead of x5, so that's good for you. Read the I-864 instructions and you'll see this.
Also, who said that your money in the bank will be blocked? That is completely NOT TRUE!! That said, if said money is in Iran, there may be restrictions about bringing it to the US due to the hostility between the two countries and the restrictions that the US government has applied. I suggest you check with your bank on that. But no, your money won't be blocked because of the affidavit of support, that's for sure.

Now about the house in Iran. Selling it could actually be a solution because it would give you the assets needed (provided that you could actually tranfer this money to the US). I'd just like to point your attention to something you said. You said that you'd be willing to put the house down as an asset, but you wouldn't be willing to sell it. However, all assets (including property) need to be able to be liquidated within a year. So by putting the value of your property down as an asset, you'd be declaring to the ConOff that you would be putting it on the market for sale to get its value in money, otherwise what's the point? Be careful with that because it could be considered a material misrepresentation if you put it down as an asset to qualify without intending in good faith to liquidate it (sell it) within a year. It probably won't be accepted anyway, but even if it was, you can't use it as an asset if you don't intend to sell it.

So, to summarise, you have 3 options:
1) Work your socks off to find a suitable co-sponsor in the US
2) Have your wife move over to find a job and sponsor you
3) Sell your house in Iran and use the money from the sale as your assets

All that, assuming that your bank savings aren't enough to meet the 3 x 125%poverty line for your household size.