i-864 Question

Old May 20th 2016, 9:38 am
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Default 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!
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Old May 20th 2016, 11:46 am
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Default 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
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Old May 20th 2016, 11:57 am
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Default 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.
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Old May 20th 2016, 12:00 pm
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Default Re: i-864 Question

Originally Posted by Noorah101 View Post
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
Thanks! Do you think that we will have provided enough evidence of 'intent to domicile' that we may qualify without a joint sponsor?
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Old May 20th 2016, 12:50 pm
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Default Re: i-864 Question

Originally Posted by littledorrit View Post
Thanks! Do you think that we will have provided enough evidence of 'intent to domicile' that we may qualify without a joint sponsor?
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/
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Old May 20th 2016, 1:50 pm
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Default Re: i-864 Question

Originally Posted by carlrush View Post
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/
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
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Old May 20th 2016, 2:06 pm
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Default Re: i-864 Question

Originally Posted by littledorrit View Post
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
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.
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Old May 20th 2016, 3:23 pm
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Default Re: i-864 Question

Originally Posted by littledorrit View Post
Thanks! Do you think that we will have provided enough evidence of 'intent to domicile' that we may qualify without a joint sponsor?
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
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Old May 20th 2016, 3:31 pm
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Default 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.
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Old May 20th 2016, 3:33 pm
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Default Re: i-864 Question

Originally Posted by littledorrit View Post
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
Why is he writing it in pounds sterling instead of US dollars?
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Old May 20th 2016, 4:41 pm
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Default Re: i-864 Question

Originally Posted by Noorah101 View Post
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
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.
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Old May 20th 2016, 4:41 pm
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Default Re: i-864 Question

Originally Posted by Rete View Post
Why is he writing it in pounds sterling instead of US dollars?
That's me being hopeless! I meant $$$...
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Old May 20th 2016, 4:44 pm
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Default Re: i-864 Question

Originally Posted by Rete View Post
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.
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
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Old May 20th 2016, 4:44 pm
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Default Re: i-864 Question

Originally Posted by littledorrit View Post
That's me being hopeless! I meant $$$...
Nah, not hopeless. Just typing what you are use to.
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Old May 20th 2016, 4:47 pm
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Default Re: i-864 Question

Originally Posted by Rete View Post
Nah, not hopeless. Just typing what you are use to.
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!
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