theroon

Hi all,

Had my interview this morning and unfortunately was refused because we didn't have enough evidence of financial support even though my wife has $20,000 in cash and $350,000 in equity in a flat. We were told that we needed a joint sponsor or to show we could meet the poverty guideline in cash. Could we do this by showing bank statements with the amount after transferring from family? Could it be counted as a gift?
Could you also kindly confirm how much we actually need - there is just me and my wife.

Grateful for any help at this point. We're very upset as you can imagine.

Hotscot

Sorry, I don't know the context.
They generally don't take into account property outside the US in terms of equity.

Is your wife not working with a stable income?
If you have the substantial cash from family in an account that can be easily drawn from then that's better.

Others may have a more specific view on this.

theroon

Hi and thanks for your reply. I didn't think the property being in England would have any bearing at all on it. Anyway, trying to find a way to come up with the £8000 we are short to meet the poverty line. Today should have been a wonderful day but it certainly hasn't turned out like that. Amazed that $350000 equity in a property plus $20,000 cash wasn't enough.

Noorah101

According to the current I-864P, your wife needs to earn more than $20,575 in US income. I know she doesn't have that.

If using assets, she needs 3x that amount, which is $61,725. Sounds like she has more than that in savings and property, but it is at the discretion of the officer what assets can be used. This officer wants to see cash in the bank or a joint sponsor.

Your wife has $20K in savings, so she would need $41,725 gifted to her. Does the family have that much cash to spare, that they don't want back? The problem with showing gifted money is that the officer will probably think its just a loan to meet the criteria and then will be given back to the family, which is not allowed.

Might have better success with using a joint sponsor, in my opinion. Either that or go ahead and sell the property, and once it's cash in the bank, then you can show you have it all in cash. Another option is to have your wife go to the USA and secure employment to meet the income requirement.

Rene

Noorah101

What paper proof did you have of what's going to happen to the home? Is it up for sale?

Rene

theroon

Hi Rene, thanks for your reply. I have just received a loan from my dad so I can transfer the money to my wife to meet the poverty line. Do you think that is ok? Would my dad need to write a letter confirming it is a gift?

Rete

It appears that you need a lot more that 8,000 pounds. Did you happen to research the poverty guidelines for a family of 2 and the I-864 which advises that you need 125% of that number and if using assets it is 3x that time.

NOTE: It is US currency not UK currency that is required.

https://aspe.hhs.gov/poverty-guidelines (This is the 2019 poverty guidelines)

$16,910 for a family of 2. You need 125% of this number which is $21,137

You need assets of 3x that amount to qualify which is $63,412.

Did your wife show or advise that the flat will be sold and is on the market. I'm not sure about a money gift from family as even though it is a 'gift' there is no way to make them believe that it is not really loan and will be given back.

If they are willing to 'invest' so much in your coming to the US, then ask them to be YOUR financial sponsor. Or have your wife return to the US and get a job. She can then use her paystubs to show that she is currently working and earning the amount required to be the only financial sponsor.

Rete

Sorry, Rene. I was writing and posting a few seconds after you with the same info.

theroon

This really seems absurd. We meet the poverty guidelines...Plus my wife has $350,000 in equity in a property yet they will focus on if the money was gifted or loaned? Can't people gift family members money??

Hotscot

But the property is in the UK and not easily liquidated. That's the issue. It's not like cash in the bank.

And is it a temporary loan or a clear permanent gift? That's another issue that's open to interpretation.

I don't mean to be nosy but are you intending moving to the US with no form of stable income established?

theroon

How can you prove it is a gift? A letter from my dad?

Hotscot

That would help but it would still be open to interpretation with no guarantees.
Problem is, this is what dodgy/weak applicants would do to obtain approval also.

They really want to see stable income. Is that not currently possible?

theroon

Will it be the same person who turned us down? The first agent was great and relaxed, but the second was unpleasant from hello.

Hotscot

Sorry to hear that. You just don't know.

Incidentally, you were previously advised of this before..

'To apply for a UK spouse visa one cannot use the valuation equity value of a property as proof of assets. In other words you have to sell the property, and whatever is left after mortgage payments, costs etc, can then be used as assets to qualify under the financial requirements. This is so you have the necessary cash to support yourself and the applicant(s)'

chawkins99

Different scenario but when my daughter was buying a home and we were contributing to the deposit, I had to sign a letter (for the bank) stating it was a gift and would not expect it to be repaid. Whether USCIS would be satisfied with something similar I don't know.