Noorah101

That's correct. The assets still have to equal the right amount of money, which is 3 x the amount she would have needed in income. If it's just the two of you (no children or other dependents), that amount is under $55,000. Also keep in mind that they sometimes don't like to allow a primary residence as an asset....but if the USC has her own place in the USA, it makes sense that you'd be selling yours in order to move to the USA.

Go to www.uscis.gov, Immigration Forms, I-864P to see the poverty guidelines. You'll need to look at the 125% column for the household size (USC's household plus you), and figure 3x that amount.

Rene

johanvg

No, it is. But she only gets about $800 a month (i.e. a total of less than $10k a year and less than the $18k minimum requirement).

Noorah101

I take it she has no assets of her own, to make up the difference?

johanvg

No.

Noorah101

Looks like you're narrowing down the options....

Take note of what someone said earlier in this thread about having a consultation with an immigration attorney while you are still here (i.e., soon), it could be an option to get married and remain in the USA to adjust status, without having to do the CR-1 visa....unless you need to go home right away for something.

Rene

johanvg

So let me get this straight: we need $18,212 x 3 = $54,636 together. If she gets $850 in SSDI every month so that's $10200 x 3 = $30,600. $54,636 - $30,600 = $24036 or about 18000 euro. I may be able to convince someone back home to get me a loan or sell my house to come up with that sum?

meauxna

The equity in your property is an asset that can be used without it being sold.
Calculate the (conservative) sale value minus the mortgage to find the equity value.

Noorah101

As meauxna said, you can use the value of the equity on the I-864 without actually selling the house.

They will not approve using loan money. They will be requesting bank statements to show how long that money has been in your savings, and might be asking where it came from. Your home equity value is more stable.

Rene

johanvg

There is no mortgage in the United States. I took out two personal loans back in Belgium. The 50000 euro mark left to pay has almost been reached. I am also waiting to sell a farm and land worth 30000 to 40000 euro in Slovakia. In the meantime I am paying $1600 in installments every month. The house may be finished and ready for rent in a month and a half to two months and will equal about the same amount in rent. This just as an FYI; I assume that as far as the United States is concerned there is no equity here and as such I can use the full value of the house on the I-864? Or am I mistaken as far as the meaning of the word equity is concerned?

johanvg

I see meauxna already answered my last question.
Thank you all for your quick replies! You are a great help in this great time of need!

johanvg

Was I correct in stating that we will only have to come up with $55k minus the $30k she will be receiving in the next 3 years = $25k as the other part to reach the minimum poverty guidelines?

Rete

If there is no mortgage on the house then the entire value of the house, needs appraisal, would be your enquity. Of course, it is up to the USCIS whether they ask you for clarification on how you bought the house outright but then again it is doubtful that they would ask such a question. As for your foreign property, you can, of course, list it, but it is irrelevant if you have the funds within the US that are required. It is difficult for the USCIS to use foreign property value simply because they would have to research property values, rental projections, etc. from a foreign country in order to ascertain its true value/equity.

If you have savings in Belgium, then it would serve you well to transfer an amount over to the US and list that on the I-864 as well. Better to use quickly liquidified or already liquidified assets then property.

Rete

No, it is $55K and only her 1 year annual income. Not three times her income.

The formula is income $800 per month x 12 = $9600

$18,212 - 9,600 = $8612 deficiency

So it is the $8612 deficiency x 3 = $25,836 needed in assets.

The three years have nothing to do with it. It is to be for the one year period. The three years only is what she has to show in tax returns.

johanvg

Do food stamps count toward the total amount? She receives those too. Does anyone have any idea if she would lose those when we get married?

Noorah101

No, food stamps do not count as income on the I-864. Check with SSI to determine whether she will continue receiving them after marriage.

Rene