SteveDonovan

My wifes (US CIT) income is earned here in the U.K. All assets are held in my name (UK CIT) as a member of the same household I understand that these assets can be used for meeting the minimum povert line for the support of my spousal visa application. My question is does it matter where in the world these assets are held?

Duckie

my understanding of it is that an income in the uk cannot be used for affiadavit of support as it is not possible to still have a job (assuming the income comes from a job) in the uk while beeing in the usa. if you dont want to live in the usa, then you cannot use the i-864 as you would not gain residency in the us. and the assets could be easily transfered to the usa and legally owned by your wife.

L D Jones

SteveDonovan wrote:
    >
    > My wifes (US CIT) income is earned here in the U.K. All assets are held
    > in my name (UK CIT) as a member of the same household I understand that
    > these assets can be used for meeting the minimum povert line for the
    > support of my spousal visa application. My question is does it matter
    > where in the world these assets are held?

The question may be answered at the US embassy's web site:
http://www.usembassy.org.uk/cons_web...iv/ivindex.htm

meauxna

SteveD, if you've lived together 6 months or more (believe you have if memory serves this AM), you can indeed use your assets for the I-864. You would also complete the I-864A as a household member/intending immigrant. It will not matter where those assets are held; my DAH used assets that were, and still are, in the UK.

Duckie, Steve was talking about assets (cash, real estate, investment funds), not income, so those are allowed, if the 2 have lived together 6 months plus. There is no immigration-related need to transfer these assets to his wife's ownership.

Duckie

sorry to be picky, but i read and interpret:
income as income. and in my answer i say that i assumed it was from a job - which means if it is out of other resources it might be differant.

i especially say something about the assets. and the option to transfer it to the us which would be not a problem at all. even if technically it would be not necessary, it still depends on the daily mood of the particular officer during the interview and his interpretation of the law.

why do some rfes happen that would not have happened if the officer read all? because he is still human and he has all right (unfortunately) to even ask for more evidence if he is in the belief to do so.
what can we do about the rfes? absolutely nothing. if they ask for e.g. a translation again even if it would be already in the file - then we do what? we send that same piece of paper again - not worth to mess with the agency that only has out lifes in their hands.

SteveDonovan

Thanks for the imfo.

meauxna

Steve said: My wifes (US CIT) income is earned here in the U.K. All assets are held in my name (UK CIT) as a member of the same household. I understand that these assets can be used for meeting the minimum povert line for the support of my spousal visa application. My question is does it matter where in the world these assets are held?"

*Because* her income is UK-based, they want to use their assets to complete the I-864.

He *can* use the assets. They are shared with his wife. By living together +6 months, his assets are her assets for this purpose.

It *does not* matter where the assets are held.

RFE's don't happen (per se) with DCF. He will present his I-864 to the Consular Officer in person.

The CO would not ask him to transfer assets into his wife's name.