ddagmar

Thank you Rene, and yes I have done just that and
from the calculations the financial situation should NOT have been a problem for us at all, according to the Dep. of State Aff. of Supp. instructions. However, from what my husband told me. My assists were inadequate and they did not even consider his savings or home, perhaps because my name is not on those accounts, I am not sure to be honest. I am only able to keep a thousand or two in savings these days, and my income and savings were not enough.

He was struck numb by the whole event as they had a bomb scare and were all escorted to the basement of the consulate during his interview.

But like I said, we are going to spend some time together in England as I can spend up to 6 months at a time there and we will have the needed time together to figure out how to proceed.
This is not a rash move as we fly back and forth several times a year and have done so for the last 4 years. We were just hoping that we could start living together now...but not yet.

Thank's again to everyone for the links and information you have given. I feel better about this now...I was in a state of shock to be honest. But we are not destitute and we will figure out what we need to do to be together, here, there, or someplace else. But we will follow the law to the letter rest assured of that.

Noorah101

So you're saying he showed enough in cash assets (besides the house), and you included your income on the I-864 as well, and you're saying the combination of your income plus his cash in the bank (regardless of his home or your home) would have been enough, and the ConOff still said it's not enough?

I'm sorry to hear that, if that's the case.

Rene

S Folinsky

Observation: it is not at all uncommon for people who do an adequate I-864 to put in an inadequate one. The I-864 is a bitch of a form and is hard to get right in many situations. Quite often, the applicants simply go back to the drawing board and do it over again.

Observation: the I-864 is a form which is quite easy to FIU. Even if this is a FIUY case, it should be said that even professionals get it wrong -- they then sigh, mutter an obscenity or two under their breath, and redo it.

jeffreyhy

My guess is that the supporting material did not easily or sufficiently support whatever numbers were put on the I-864. I agree with Mr.F that a do-over is in order, and may salvage the situation.

Regards, JEff

mattsta

Hi

Diane hubby here

The application has been suspended, not denied.

I'm not quite sure what we need to do to meet the criteria right now.

I submitted mortgage statements and a recent property valuation which leave me with easily enough nett money to meet the criteria but it seems they are refusing to accept Diane has enough to 'bring to the table' so to speak.

mattsta

And I must add a big thankyou to everyone who has offered us help and advice here

Many thanks

A big slobbery kiss to you all!

I foolishly forgot to add the form detailing the suspension of the visa to my bag before leaving for work this morning. I was going to scan it.

I can tell you why the application was suspended cos I have the body of text here:

My Visa application has been suspended under Section 221g of the Immigration and Nationality Act because:

Evidence of my sponsor's assets (e.g investments, savings, pensions, real estate less any mortgages
etc) if sponsor's total income does not exceed 125% of the miminum income guideline, ($68,661)

or:


My sponsor has not met the minimum income level required by Section 213A of the Immigration and Nationality Act

(we don't have a 3rd party sponsor but this was cited as an alternative, ie finding someone else to 'post a bond')

That's the only information given on the blue form.

Please note the visa application is still live, just suspended until we can satisfy the criteria specified.

jeffreyhy

m,

I think I may be starting to see the problem. You keep writing about having sufficient money, or cash, but the only documentation mentioned is with respect to real estate, which is neither.

You and she have apparently yet to come to grips with the difference between liquid assets and illiquid assets. You need the former.

Regards, JEff

Noorah101

You have a few choices:
1. Sell the house in the UK and use the cash money as an asset.
2. Have your wife find a job that will pays the minimum poverty guideline.
3. Find a joint sponsor (doesn't have to be a family member).

Diane mentioned that you have enough cash to live on for a year or two. She also said she has income, but not enough. Did you read my post where I suggested combining her income with your cash to see if it's enough? Cash to cover a couple of years might just be enough.

Rene

mattsta

No. I understand the difference between liquid and illiquid assets. However, they do tell you not to dispose of any assets until your application is successful. I was planning to sell my house as soon as my application was accepted. I even have a buyer lined up.

mattsta

Hi Noorah

I'm at work right now so I've been dipping in and out of here in between doing stuff here at work.

I'll read the full thread when I get home

Thanks for your helpful advice

ddagmar

Hi Rene,

I have not made myself clear...hmmmm...me thinks I may need to stay in school to work on my communication skills.

Yes, I have income/savings
Yes, he has home equity asset/savings

Yes, he combonation of these puts the bottom line up over the $69,000. as required.

Yes, the Con. officer was not convinced or I made an error on the papers.

I used his assets as per the from I-864 Instructions page 2 and page 3....Please read this and you may understand why:

NO OFFENSE INTENDED, just so it is easy to see....

UNLESS SOMEONE READING THIS CAN CO-SPONSOR MY HUSBAND, UNDERSTAND...THAT IS NOT EVEN A REMOTE POSSIBILITY. I have no contact with my family for reasons I will not go into here. I have no person to ask to be a co-sponsor for reasons I will not go into here.

If that was an option for us I would have done just that.

My income and savings alone is not enough. I need to use his assets to qualify.

Our numbers are what they are and as they are not allowing applicants assets to count in the calculation, (as their own application instructions say they will), I am looking at it right here:
Page 2:
"What If I Cannot Meet the Income Requirement?

If your income alone is not sufficient to meet the requirement for your household size (ours is 3), the intending immigrant will be ineligible for an immigrant visa or adjustment of status, UNLESS the requirement can be met using ANY COMBINATION of the following:

...The value of your assets, the assets of any household membert who has signed a Form I-864A, OR THE ASSETS OF THE INTENDING IMMIGRANT...

page 3:

How Can I Use Assets to Qualify?

Assets my supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family member..."

I MUST STRESS this was our information and I provided a letter stating we have an offer on the home with the supporting financial documents showing the current equity in the home and there in is our problem.

It would seem the immigration officer was not convinced, and so would not allow the use of the immigrants asset (home equity/savings) in conjunction with my income to meet the required amount of just under $69,000.

I must have made a mistake when filling out the forms or the officer thinks we are being deceptive. I really don't know.

Regards,
Diane

PS
Is there a way to combine these two threads?
http://britishexpats.com/forum/showthread.php?t=663966

Noorah101

Good, so you have some income, and some savings.

We now know the home equity is not useable, so good, he has savings.

What about the combination of everything EXCEPT the home equity, which we now know is not acceptable?

Your income + your savings (cash) + his savings (cash). If you calculate that, is it enough?

Rene

ddagmar

Home equity can be used:

here is a copy/paste of the asset information from the Dep. of State pdf form I-864 instructions pages 8,9. found at:

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

(and here is a game for readers: Can you find the typo? The government can't spell either!)
Quote
"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.
To use the assets of a relative (spouse, adult son or daughter,parent or sibling), the relative must reside with you and have completed a Form I-864A, Contract Between Sponsor and Household Member, with accompanying evidence of assets.The Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.
27. Household Member's Assets.
You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this form. Form I-864Ais not required to document the intending immigrant's assets.
28. Assets of the Intending Immigrant.
29. Total Value of Assets.
Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets,plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000."

Please NOTE: Assets at 3x for married couples, 5x for others.

However, if I can use my scholarship/grant/loan monies in addition to my work income, we would easily be able to meet the 3x difference in assets from our cash access bank accounts as assets and not even need to use the net value of the England home as an asset.
So, I will re-submit the Aff. of Sup. with my school monies showing as income for me, and include my award letter as documentation. This income does not get included on Fed. taxes as so I did not include it on my original I-864.
And, yes, I will also include updated information on the net value of the home as an asset AND a highlighted copy of the instructions for the next Con. Officer to review if he/she is ignorant to the asset segment.
Why? Because, I can not find anywhere that I can use my school monies to meet the income requirements. (I do not yet have any documentation for scholarships and such for next year, and can see that it could be a problem.) HAS ANYONE USED THESE SORTS OF INCOME FOR A I-864? I ask as they specify in the instruction "earned or retirement annual income", however, later in that section (page 7) they do use the words "If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income." Now, I am understanding the words, "any other source", as an open window to be able to use my school monies received as "income" under Part 6. [Sponsor's income and employment. question 22.] as a write in area where I could list the word: "other"?perhaps?

My question is now: Has anyone used scholarships/grants/loans for education and such as income without a problem?

Regards
Diane

ian-mstm

I'm not sure about scholarships and grants, but you can't use a loan. A loan isn't your money... it belongs to someone else who is not a party to the I-864 agreement.

Ian

Noorah101

Diane,

It doesn't really matter what the I-864 instructions say. It's a guideline, and the ConOff has the right to accept or not accept the evidence presented. The ConOff has the final authority on it, regardless of what the instructions say.

You have to just accept the fact that in today's market, a private residence might not be accepted as a good asset, and move on from there with Plan B.

Rene