i-864 Question
 

Hi there,

I'm having a last minute panic about the i-864 form(s) which I'm hoping someone can help with.

My situation is that, as my (USC) husband has been resident in the UK for a number of years, we had planned on using a joint sponsor. However, we've been struggling to get the right paperwork from our joint sponsor (he struggles to understand the paperwork).

So - I have 2 questions.

1. If we can't get the paperwork right from our joint sponsor, I want to see if we can get by with just my USC husband as the petitioner (without a joint sponsor).
I understand to qualify, he has to demonstrate he meets the financial requirements and intent to domicile. Please could anyone let me know if this would be sufficient?
Financial - he cannot include any income as his job will be a new one in the States. So we would entirely use assets. We think we can do this by using the profit from our house? Which will be sold 1 day before my interview - although the money wont have hit our account yet. Would this be acceptable?
Intent to domicile - we can easily show we're severing ties with the UK (house sale, kid's left school, jobs resigned, cars sold). To show intent to domicile, would job applications (and evidence of interviews), letters from schools, communications with rental agents, and acceptance of removals quote to USA be sufficient?

2. Or, if we can get our joint sponsor to correct the paperwork, the part that seems problematic is his 'current individual income'. He is retired so has substantial assets, but doesn't want to put these on the form. Therefore he is forecasting what 2016's income will be and using last years 1040 as evidence. However, he files jointly, so I'm worried that they would also expect his wife to complete a i-864a (which she won't). Can anyone let me know if (as long as his total income declared on the 'current total income' line and 'current total household income' line match and are over the income requirements), would they pick up on the fact that his evidence from the previous year is joint filed? Or would they just accept that she is a dependant?

Any help would be great!

Re: i-864 Question
 

1. As long as the value of the assets is 3x what was needed in income, and you can prove the house was sold, that should be ok.

2. Have the joint sponsor include a statement specifying how much of the income is his, and how much is his spouse's. No need for her to do an I-864A.

Rene

Re: i-864 Question
 

I am no expert, but I have been following stories of using assets for about 7 years.
I have seen lots of positive stories on couples using a house as a asset on other forums. Also it does not need to be sold before the interview. Assets just need to sold with in a year, with out due hardship. For my form I am reading the question and the instructions and just answering what they are asking, and just providing the evidence the form ask for initially. The forms says I can use a house, then tells me how to prove the equity. So thats what I am providing.

Re: i-864 Question
 

Thanks! Do you think that we will have provided enough evidence of 'intent to domicile' that we may qualify without a joint sponsor?

Re: i-864 Question
 

Hi - We're in a similar situation, using the value of our house. It won't be sold prior to the interview but that doesn't seem to be a problem. This post really helped me...

http://britishexpats.com/forum/marri...nation-802294/

Re: i-864 Question
 

Thanks - that's really helpful. Are you using a joint sponsor?

(I thought we were all sorted with our joint sponsor, but this is the 3rd time he's mailed us the forms - and every time there's a mistake! I feel bad, because he has dementia so the forms are really stressful for him, but at the moment what's he's sent won't work). They have large assets and can basically draw down whatever they need each year which shows as total income on their 20140 (which in the last 3 years is comfortably over the 125%), but in his forecast for this year he wrote £24k - and it needs to be over £25,200 for us :(

Re: i-864 Question
 

Oh dear, that doesn't sound fun for any of you. The equity we've got in the house more than meets requirements so we didn't bother with a joint sponsor.

If you PM me I'm happy to share the letter we've done.

Re: i-864 Question
 

Meeting the financial requirement and intent to domicile are two separate things.

Yes, you have enough proof of intent to domicile. But that doesn't mean you qualify financially, necessarily.

Rene

Re: i-864 Question
 

I don't envy you having to deal with a dementia patient and one whose spouse is adverse to helping you and your husband out.

Short of completing the forms for him and mailing them to him for signature and expressly telling him what evidence he needs to include, I can't see that he is going to be of any assistance to you.

Do you have another person who would be willing to put their neck on the block for you?

I don't know how real estate transactions work in the UK but will you have a signed contract for the sale of your home at the time you go for the interview? While it isn't needed to use the assets, just the mortgage and real estate appraisal to show what profit you have in the home, might be helpful.

Re: i-864 Question
 

Why is he writing it in pounds sterling instead of US dollars?

Re: i-864 Question
 

Thanks - I'm pretty confident we qualify financially. Although there's no income we can include, our house sells the day before my interview, so we have the profit from that we can show as asset.

Re: i-864 Question
 

That's me being hopeless! I meant $$$...

Re: i-864 Question
 

Thanks - this is one of our reasons for moving to the USA - to be closer and able to help out. It think we're a bit late to get another joint sponsor now.

But (luckily) our house sells the day before my interview. So the money should have (just) hit our account

Re: i-864 Question
 

Nah, not hopeless. Just typing what you are use to.;)

Re: i-864 Question
 

:) I'd better get my act together on that! And date formats!

What'll be weirder is when that's 'normal' and the UK way takes some effort to do!

Re: i-864 Question
 

You seem very concerned about this, even though it's been pointed out that assets need to be liquidable within a year. You don't need to have the cash on hand at the time the I-864 is submitted... and whether it's there at that moment or not isn't a deal breaker.

Ian

Re: i-864 Question
 

We just did the process using assets and it was fine. They didn't even question intent to domicile at all. I was concerned about it so gave my husband emails I sent to our estate agent about moving and quotes from movers, but they didn't ask for anything.

Re: i-864 Question
 

That's great to know. Thanks

Re: i-864 Question
 

hi im married to a us citizen we both live in the uk, both on uk income, my wife has a brother in the usa but we will be living with other family, all in the same state thou, so can the wife's brother be my sponsor on the I-864? even thou my wife is my petitioner ?

Re: i-864 Question
 

He can be a joint sponsor if he meets the financial requirements.

Rene

Re: i-864 Question
 

US immigration has no interest in where you live, or with whom.


To clarify, your wife is your sponsor - as the USC spouse she must be, and there is no option for her not to be. Your brother-in-law will be a joint sponsor. The two terms are not interchangeable. That said, as Rene notes, if he has sufficient income, he can be a joint sponsor. The specific $$ amounts are in the 125% column on form I-864P. He must earn sufficient income to cover his household size + you!

Ian

Re: i-864 Question
 

That's good to know. I was less concerned about the financial requirements (knowing house can be used as the asset), but was concerned about the domicile part...

Re: i-864 Question
 

Quick question for you guys,

If I use the equity in my property to check the right boxes on the I-864 can the value of the property be from an estate agent as long as I get it in writing?

Many Thanks

Re: i-864 Question
 

Yes. You should include an estimate of the property value, plus proof of your equity in the home.

Rene

Re: i-864 Question
 

Hi - one more question...
If we are using assets - equity of the house. If the house is in joint ownership do we need to include both me and my husband in the asset section of the I-864? and split the amount 50/50 between us - with the total at the end?
Thanks

Re: i-864 Question
 

No. You're married... therefore, from US immigration's POV, your assets are all jointly owned regardless of what any deed might say. IOW, his assets are your assets.


No.

Ian

Re: i-864 Question
 

No. The asset amount goes under the USC's assets.

Rene

Re: i-864 Question
 

Thanks everyone!

Re: i-864 Question
 

One more question on this subject...

When providing details of the equity being used I've got mortgage statements and estate agent valuation. Are these enough for 'Proof of ownership'?

I say this because the deeds showing ownership of the house are held by the mortgage company until the balance is paid off so we wouldn't be expected to have these, would we?!?

This could just be last-minute panic as my interview is Thursday so any calming advice welcome! :eek:

Re: i-864 Question
 

What you have should be fine.

Rene

Re: i-864 Question
 

My interview is in Friday. Be really interested to hear how you get on. Best of luck!

Re: i-864 Question
 

Looking forward to see how you both get on. We are using our house as a asset as well. Best of luck

Re: i-864 Question
 

I did find a copy of the title deed for our house showing its a freehold with no other interested parties so I've thrown that in as supporting evidence.

Fingers crossed and I'll update you later...

Re: i-864 Question
 

All approved! Only 2 questions - how I met my wife and what I plan is for the move (work etc).

I got there 30 minutes early and was one of the last ones to arrive in my group! Still only took and couple of hours and all done. Good luck to you both.

Re: i-864 Question
 

Congrats! Mine's tomorrow :/

Re: i-864 Question
 

That is so exciting.:thumbs:

Thank you for posting a update.


Littledorrit- Good Luck for today!

Re: i-864 Question
 

Yay! Visa approved - and I was done in under 45 minutes!

Re: i-864 Question
 

Well done! :) See... all that worry for nothing! :)

Ian

Re: i-864 Question
 

Fantastic news!

Re: i-864 Question
 

Thanks so much for all your help - it's been amazing having y'all answer my questions - however silly they've been :)