Asset only I-864

[djyotta]

I've been looking online, and searched the forum thoroughly and have not been able to find any anecdotal information from people who have done an asset only based I-864 affidavit of support.

My wife is a US citizen, I'm a New Zealander. We got married in the states, but have been living in New Zealand as it was the only place we could both reside lawfully immediately.

We had received some advice from a US immigration lawyer prior our marriage as we knew there were a few different paths we could take depending on the timing of events. It seemed that getting married, and going back to NZ and filing an I-130 was the most straight-forward approach for us. My wife became a full-time home-maker after our marriage, so no longer has any income. However, we were advised that having an asset such as my house would be sufficient for the I-864 affidavit of support (the house net worth is well above the 3x federal poverty guideline).

We got married in 2019 and my wife filed the I-130 from NZ in 2021 after we had had enough time to settle down. In 2022, the I-130 was approved (took almost exactly a year).

I've already filed my DS-260 and supplied all the documents. But my wife is the sponsor, and had questions about the I-864. After reading the I-864 instructions numerous times, and searching all over the net, we still found some things about the form unclear.

So we reached out for legal advice to help fill the form, but this time, the lawyer reckons should not do asset based (as we originally planned) but get a co-sponsor instead!

We've been told that although assets can be used, they prefer to use income based and it's way more complicated asset based.

I don't mind more complicated or taking longer or whatever, but our lawyer made it sound like there's a chance our application would be denied if we went the asset based route!

So I wonder if anyone here has any experience doing asset only based I-864, what sort of complications could we expect, and whether there is a high rejection rate doing asset based I-864, and what happens if the I-864 is rejected (ie, can we just get a co-sponsor and retry the I-864, or do we have to start over from the I-130 all over again?).

Tell us your experience. We're still getting legal advice, but it can help sometimes to have a real life experience to draw from too.

[djyotta]

We went ahead and filed our I-864 on our own after failing to find any legal advice.

The application has been accepted and now I'm waiting for the interview to be scheduled.

The NVC left a note that the I-864 did not meet the income requirement, but indicate that the Consulate has discretion:

DOCUMENTARILY QUALIFIED

This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p.

So hopefully we will not be required to file I-864p for joint sponsor.

Another curve ball is that my wife and I are planning a visit to the states soon. We will be briefly entering the US, then leaving again within 48 hours.

Anyone know if this will pose a problem in the case that my visa is granted before we enter the US? I don't want our leaving the US to effectively cause me to have abandoned my green card!

My understanding is that, although I become a LPR when I enter on my immigrant visa, I still need the physical green card to re-enter the states if I leave...

[Borninusa]

If you plan to visit US briefly for personal reasons, it should not pose any problem. Once you have immigrant visa granted, although it is preferred you wait for your green card before leaving US which take 30-45 days roughly.
please share your interview experience with regards to using your assets only on I-864 once you aredone with it
If your spouse is living with you in NZ
what documents did you submit as a proof of your spouse domicile?

[djyotta]

Yes, my wife has been living with me in New Zealand since we were married 4 years ago.

The form I-864 instructions have a few details about how you can meet the domicile requirement if not living in the United States (see page 5 and 6). I am not sure whether we fall under point 2: “You are living abroad temporarily” or 3: “You intend in good faith to re-establish your domicile in the US no later than the date of the intending immigrants admission.” It’s a bit of overlap, both are true.

With her I-864, my wife submitted evidence of maintaining a bank account, investment accounts, a safety deposit box and a mobile phone number in the United States. Most of these statements were mailed to her mailing address that she has maintained in the States (her parent’s house). She submitted evidence of other mail going there too.

She wrote a cover letter for this evidence. It briefly explains that since our marriage 4 years ago we had always intended to eventually live together in the States. It was easier and quicker to start out together in New Zealand. This way we could be together while we waited for US immigration to grant my spousal visa and then we could return together to the States. And that is why she has maintained the mailing address, phone number, etc. in the States.

[prudential]

My mom filed I-130 for my younger sister and her case has been approved. My Mom is my dependent she does not work, but my income is enough to take care of the household including my migrating younger sister. They required that my mom file for I-864 even though I am filing as joint sponsor. Since my mom is not working, will it disqualify this application?

[djyotta]

Because of some trouble rescheduling my interview, I had to push it to January 2024.

During my interview, they said I should use a co sponsor and said I couldn't include my assets in the calculation.
After my interviewer found the relevant section he corrected himself and said it should be fine. Phew.

He also wasn't sure about whether I needed 3 or 5 times the poverty threshold of assets. Because it is marriage based, I only needed 3 times. I think my interviewer eventually agreed that was the case.

So it seems like no one does asset only as the lawyers we contacted and my interviewer didn't think we could do it.

After my interview, I got refused under 221(g) due to "missing document". A CV or resume. I heard others also had the same thing happen to them at visa interview. So bring a CV even though it's not on the list of things to bring!

Despite getting my CV to them on the same day (but after the interview), I suspect my visa was held up because of this. One of the other people being interviewed also had missing documents, they were able to leave and come back before interviews were finished. I could have done that too (had the CV on my phone back at security) had I thought of it.

After waiting 60 days I asked about my status and they just said wait. Typically takes them 2-4 weeks to respond. Similarly at 90 days. After 1 year my wife contacted her local representative and they asked about my status. I got a response the day after! Same thing though, "wait". My wife's representative said to let them know if no news in 4 months. So we waited 4 months and followed up with her local representative again. I was contacted same day notifying my Visa was ready to be issued. Interesting timing.

I hade to redo my medical as it had long since expired. But I got than done within a week and sent my passport in.

My visa was issued and passport returned within a week.

After a 18 months of AP finally approved.

My advice:

* bring a CV to your interview in addition to actual required documents
* have US citizen's local representative follow up at the 60 or 90 or 120 day mark rather than just waiting indefinitely or following up personally