rjm_cmyk

Hi,

Having done a search for recent posts concering applicant assets I'm still looking for some more recent experience.

I am in the process of selling my house in SE England. Having had 15 viewings in the first few days of having it on the market I am confident (as much as you can be) that it will sell reasonably quickly.

That said it is unlikely to be sold and completed ahead of of my K1 visa interview (unless I delay it). I've had the medical and confirmed readiness for interview on the basis that the UK consulate states as per

http://london.usembassy.gov/faffidavit.html

that I(the applicant) can use *proof* of ownership and implied equity amount (value minus loans) as my assets to meet the public charge provisions at this stage of the process. I understand that the AOS stage will be different. My USC partner should have a full time nursing job by that stage or other employment to meet those requirements.

So my question is ......

Has anyone used this method at the London Consulate recently and what documents were presented ? I also realise that my partner still needs to provide a completed affadavit even though it will probably say she does not meet the charge provisions levels.

Thanks

P.S and yes I have seen the recent thread about the house that hasn't sold....

Noorah101

Hi and Welcome to BE.

Everyone's case is different, and it will be up to the ConOff to allow your unsold home as an asset to meet the public charge requirement or not. I know you're curious about others' experiences, but since their homes will be valued differently, and they would have had a different ConOff, or going for a different visa, you can't really compare.

My layman's opinion is that your unsold home won't be a good way of showing you won't become a public charge in the USA. What if you get to the USA and your house still hasn't sold, and you need the money? The money won't be there. For a K-1 visa, if the intending immigrant wants to "self sponsor", as you are planning, my opinion is that cash in the bank works best, because the funds are definitely there. Not so with an unsold property.

For an I-864, where the intending immigrant and USC spouse hold joint property, then it might be easier to use the property as an asset, as long as it can be sold within 1 year at the same value presented on the I-864. But I'd say the I-134 is different, and doesn't allow as much leeway.

The I-134 is to cover your support in the USA until your AOS is filed (along with an I-864, the new affidavit of support). So, if you come to the USA, but the house doesn't sell at all, and your fiancée also has not filed an I-134 indicating she can support you during that time, you won't have any cash. If you don't have the cash to pay for things, how will you avoid becoming a public charge in the USA?

To date, I have never seen a post on here where a K-1 applicant used property instead of cash in the bank (in lieu of an I-134).

Rene

rjm_cmyk

I appreciate your comments but my question really concerned the choice of documents and CO response. Certainly the amount of shown equity would be an issue if it failed to meet London's and the general support requirements and no case is directly comparable.

I've already had an offer for the house from someone with no chain and mortgage organised so the question may be moot anyway.

The problem with finding out who has done this is that London is I think, the only consulate that allows this and many choose/prefer to go down the sponsorship route as it's the line of least resistance - so there are few examples of people either here or on VJ who have done this.

AOS of course is a different issue.

Thanks
Richard

civilservant

I agree with Renee, I'd be surprised if equity is accepted since it is a very subjective thing. What if you have to slash the price to make the sale? It cuts into your equity.

I appreciate this wasn't the real reason for the question, but we'd be remiss not to point out the inherant dangers of a denial.

Pulaski

I think I took a letter from the estate agent with an estimated sale value, which also helped show my intention to relocate, but I had other assets and wasn't solely reliant on my house. If you don't have other assets, I would suggest a haircut of at least 10% off the expected gross sale price to reach a net proceeds figure. E.g. £100,000 house (estimate sale price), with a £40,000 mortgage: I wouldn't claim net proceeds of more than £50,000 (£90k-£40k). The bigger the haircut you can take, the better it will look.

jeffreyhy

Not true. For a K-1 visa, if you can demostrate that you meet thepublic charge requirements of the law using your own financial resources then you do not need a sponsor to provide an affidavit of support.

Regards, JEff

Noorah101

Choice of documents: Any documentation you have which proves have the available resources so that you will not become a public charge in the USA.

CO response: No one can really predict.

For the I-134 and meeting the public charge requirements, there is no set dollar amount associated. It is totally up to the CO to accept what you present, or not.

Rene

jeffreyhy

I agree - one needs money to buy food and clothing, a house on a different continent will not provide those things.

Regards, JEff

lansbury

Mine wasn't recent but we used the equity in our London house when we filed for an immigrant visa. We used a written evaluation from the estate agent, mortgage statement to show outstanding balance, and a note of what similar houses in our neighborhood had actually sold for.

Noorah101

I have the feeling an immigrant visa case will be viewed differently than a K-1 case, though, because it uses a different Affidavit of Support.

Rene

lansbury

Maybe, but the OP was asking what documents were used and I would imagine the means of proving the value of the equity would be the same for either.

Noorah101

Oh yes, that's true. Carry on.

Rene

rjm_cmyk

Thanks for all the comments guys. I'll report back as and when....

rjm_cmyk

Just thought I would follow up.

The house is sold (STC)
I provided details of the sale price , mortgages and loans secured on it
Documents including land registry, valuation letters and mortgage/loan statements
Said completion was due later this month (no proof offered)

I also offered a savings account with a reasonable sum but the house was all they were needed.

Went through with nary an inspection.

Visa approved

jeffreyhy

Thanks for this follow up. To be clear, your fiancee did not need to provide an I-134?

Either way, congratulations on receiving your visa.

Regards, JEff