danellis

Well, I had my interview at the embassy in London this morning. I was pretty surprised when at the end of it the guy told me that they were suspending my application because they weren't satisfied by the affidavit of support.

My wife is a tenured teacher in the US. She went on maternity leave when she moved to the UK two years ago, and has been on an unpaid leave of absence since then. She is returning to her job in September, and I took a letter from her principal confirming this. She has money in the bank to support us until then.

The official told me that I had three options:

1) Provide evidence that I had at least $68,000 worth of assets
2) File a second affidavit of support (joint sponsorship)
3) Wait until September, and provide one of her payslips after she starts working.

I rent our house, so I don't have $68,000 worth of anything. We don't want to do joint sponsorship, because it's an unfair responsibility for someone else to take on.

So it looks like my wife and son are going to have to go on ahead of me, and have me join them in September. If they do that, am I allowed to visit them for three months on the VWP, then return to the UK with her payslips to complete my visa application, before returning to the US to immigrate?

One thing that confuses me is that even though I'm sure the official said he wanted evidence of *my* assets, on the form he gave me, in the section he ticked, it says "sponsor's assets" including real estate less any mortgages on it. My wife's house in the US is jointly owned by her and her grandmother, has no mortgage on it, and even half of it is worth more than $68,000. Does this not count for some reason? And why the discrepancy?

Noorah101

This doesn't surprise me, as she's not currently earning a salary, right? She's on an unpaid leave of absence. She won't be earning a salary until September. Future income cannot be used on the I-864, it has to be current income.

It's allowed, yes. But make sure you bring plenty of evidence that you will NOT be staying in the USA on that visit. Bring ties to the UK such as current lease agreement, letter from your employer that you'll return to work on such and such date, whatever you have that shows you need to return to the UK before your 90 days is up. Also, coming through the POE with your USC wife and child will probably raise red flags to the POE officer.

Since you are married, you can use both your property and her property on the I-864. Even if your name is not on her property, it's yours by way of marriage. So my guess is that yes, your wife's house in the USA can be used as an asset on the I-864. I am not sure whether having her grandmother's name on the house will make a difference or not....that might make the officer think it's more tricky to sell it for the funds...what if grandma doesn't agree? The assets have to be something you can liquidate within a year, but if grandma doesn't agree to sell the house...it can't be liquidated at all.

Rene

Folinskyinla

Hi:

IMHO, I think they are quite wrong. But then, I'm not a consular officer.

Normally, I think an advisory opinion from Visa Office would be in order. However, the situation at the US Embassy in Baghdad has made that process problematical these days.

agentpeppermint

My husband ( fiance at the time had the same thing happen to him ) we simply got another sponser and wala! visa approved and he is now in the us

jeffreyhy

My thought is that grandma may have to enter into an I-864A with wife for wife to use the house as an asset.

But beyond that, a primary residence is not so easily converted into cash, especially these days, and so may not be considered acceptable for I-864 purposes.

Regards, JEff

PS - if wife's teaching job is in California (or a school district elsewhere that's in similar dire straights) that note from the school principal may not be worth the cost of the paper that it's written on.

danellis

Oh, I agree with it being future income, but I thought that the money in the bank, being more than sufficient to cover July and August, would have made up for that. It seems that what they're concerned about is the job disappearing between now and September.

Hmm. Tricky. I haven't had a job since January, and I wouldn't have a lease any more, as I'd stay with my parents for the short time I'd be completing my application. I'd still have bank accounts here, and a car, but that's about it.

I can see why. I'd actually go a little after them rather than with them, and then I could enter at somewhere like JFK, rather than having to explain to a guy in the tiny office at the Peace Bridge. I just need to make sure I have enough to convince them that I'm coming back to the UK to re-enter legally.

The enquiry line just gave me the e-mail address for visa enquiries, so I'm going to e-mail them now and see what I can find out.

danellis

Having just read the notes for that form, I'm inclined to agree.

Western New York

Noorah101

How much money was in savings? Savings can be used as an asset, but it must equal 3x the amount she would have needed to show in income. According to the poverty guidelines at http://www.uscis.gov/files/form/I-864P.pdf, for a family of 3, she would have to show $22,887 in income. That means she'd need to show at least $68,661 in savings (hers or yours, either or both) to be used on the I-864.

Rene

danellis

That's the exact figure he gave me, but I was talking about covering us for just two months, which isn't something they consider. As far as they're concerned, a confirmed income restarting in September from an existing, tenured job is the same as no income at all.

Noorah101

Yes, that's true, showing some savings to tide you over two months does not qualify on the I-864. And neither does future income.

So, hopefully your wife can use her home as an asset. Get grandma to do an I-864A as a contributing household member (since she owns the property as well). And hope that the ConOff accepts a primary residence as an asset (they sometimes don't).

Rene

Bluegrass Lass

Dane, are you planning on living in your wife's house upon moving to the US? If so, this would be considered a primary residence. As Rene pointed out, you may not be able to use the house as an asset.

danellis

Actually, I don't see how that's possible. On the first page of the form, under "Who May Be Considered a Household Member for Purpose of This Form?" it says that a household member is (emphasis mine):

• A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
  
• A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;
  
• The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)

None of those cover the sponsor's grandmother who doesn't live in the same house.

Noorah101

I'll let JEff field this one...maybe you would need a letter from grandma saying she's aware of her house being used as an asset.

Rene

danellis

Yes, that's where we'll be living. That, and the fact that her grandmother wouldn't be considered a household member, means that the best bet is to probably just to send them on ahead, wait for her payslip in September, and hope that I can visit them in the meantime (we have a 1-year-old and I don't want to miss three months of his growing up).

jeffreyhy

de,

So, Grandma co-owns the house but doesn't live there. I should have asked about that earlier in the thread. That does eliminate her as a Household Member, without need to get into the family member aspect. (The house has been sitting empty for the last 2 years? Ugh...)

Probably so, if you don't want to find a Joint Sponsor (I commend you for that.) Most of us have 'been there, done that'. Trust me, in retrospect it's not the big deal it appears to be when looking forward. (And I suspect that you'll change your mind about missing 3 months of growing up when the kid reaches his teenage years.)