theroon

We both have jobs in the Uk, but not in the US.
Let's say they refuse to believe the money is a gift rather than loan, can we then go the joint sponsor route or will we be in a very weak position?

Rete

As I said in post #7, you can have a joint sponsor. Note they must live in the US and be either a USC or a US Permanent Resident (green card holder). Their eligibility is that they can support their family and you (not your wife) at 125% of the 2019 poverty guidelines found at the link I provided you in the same post.

chawkins99

If you have someone in mind who is able and willing to be a joint sponsor, go that route and eliminate all the guff and uncertainty. If you have property worth $300k plus, it's not like they're at risk.

theroon

Yes, I understand that. My question was if our chances would be harmed if they block the poverty line funds because they believe it is only a loan and not a gift.

theroon

I agree but we're worried that will delay us significantly. Surely it is worth showing bank statements with the required funds?

Hotscot

Maybe or maybe not. You can't know until you're there being interviewed.

Noorah101

You called it a loan. Then you talk about it as a gift. Which one is it?

if it is indeed a $42,000 gift, then dad needs to state that in writing, yes. However, there's no guarantee the officer will accept this either. As I said, they might believe it's only a loan (as you called it in the first place). And you don't have to transfer the money to her account. You are married so all money is considered joint.

To be on the safe side, do one of the following options: 1) get a joint sponsor; 2) sell the property and put the cash in the bank; or 3) have your wife get US employment to meet the income requirement.

Rene

theroon

There's no interview. She just gave us an email address to send attached bank statements to.

theroon

How do you know he needs to state that in writing? Where did you get this information from? Thanks in advance.

Noorah101

From seeing past experience of others on this forum over the past 16 years, and from knowing the I-864 requirements. I thought you might want a solution that has the highest rate of success. You can certainly give it a try without anything in writing from your dad. Please let us know how it turns out.

Rene

Noorah101

The officer will most likely question where a sudden $42,000 deposit came from. The letter is backup documentation for that deposit. But it must be the truth.

Rene

theroon

Ok that's great. You have extensive experience so could you confirm if our application would be damaged at all if the poverty funds are denied and we then go for a joint sponsor?

Thanks in advance.

Rete

No, that was not your question. I was responding to this quote from your post: "We both have jobs in the Uk, but not in the US.
Let's say they refuse to believe the money is a gift rather than loan, can we then go the joint sponsor route or will we be in a very weak position?"

The most assured way to go is to get a joint sponsor and stop worrying about gifts or loans. I know you got the money from your UK father and he cannot be a financial sponsor. Get your wife's family to help you out if they are willing or put the property up for sale, send them the appraisal, and the contract with the real estate agent handling the property and the details of your cash assets and if either of you have a retirement account, add those funds to the I-864 with proof of their value.

Noorah101

No, it would not damage anything, just delay.

Rene

SanDiegogirl

Having equity in a property in the UK is not going to support you and wife if you arrive in the US and don't find jobs for a few months. 20K is likely to go on deposits for rent if you have no credit history in the UK.

Personally, I could never figure how having equity, based on a property yet to sell, was regarded as adequate resources if one did not have income or cash savings to support oneself.