I-864 foreign asset converted to cash

stnjoys

New Member
I am a US citizen and recently submitted the I-130 together with I-485 and I-765 for my husband. We have married for 5 years and have two children. We spent the last two years in foreign country and I did not work. I have a property in that country and sold it in August with a balance of 200K USD. Since I did not file any income tax, so I submitted the property selling transaction document as an evidence for my I-864.
However, I have just received the RFE indicated that the net value of the assets does not make up the difference between my income (which is zero) and the poverty guidelines (125% of poverty guidelines for 4 is $29437 X 3 times the difference = $88311).
They want me to submit evidence of assets, such as bank statement covering last 12 months, evidence of ownership. I have already submitted the legal document for the property sold, and transferred the money I earned from the property to my US bank account; however, I will not be able to provide 12 months bank statement.
Since we do not have any relatives in here, we have difficulty in finding a co-sponsor.

What should I do now? Any suggestions?
 
They don't know that you got the entire $200K in your hand; most of it could have gone to taxes or another lienholder. So now they want to see the money in your actual bank account. Write a cover letter explaining where the $200K came from, why you can't provide 12 months of bank statements, attach whatever bank statements you have which show the $200K, and attach the property sale document again. And of course, attach a copy of the RFE.

And if you didn't include that $200K on the I-864 in the section where it asks about your assets, file a new I-864 with the $200K listed in the appropriate section.
 
They don't know that you got the entire $200K in your hand; most of it could have gone to taxes or another lienholder. So now they want to see the money in your actual bank account. Write a cover letter explaining where the $200K came from, why you can't provide 12 months of bank statements, attach whatever bank statements you have which show the $200K, and attach the property sale document again. And of course, attach a copy of the RFE.

And if you didn't include that $200K on the I-864 in the section where it asks about your assets, file a new I-864 with the $200K listed in the appropriate section.


I have the 200k deposited in my foreign bank account in Aug 2013, then I transferred 100K to my mom in foreign country. I now have 90K in my US bank account which was wired transferred from that foreign account two weeks ago. Therefore, I can only show one month foreign bank statement and one month US bank statement which can prove where the money came from. Is this sufficient even though I will not be showing any tax returns form. I have ordered the 4056T transcript as verification of nonfiling tax.
 
Provide both statements, along with a letter explaining that the money came from the property sale and proof of the sale.

Note that sometimes they send RFE because the documents are something they're not used to seeing, even though your documents are sufficient and relevant. Then when you respond the RFE somebody higher up takes a look at it and accepts what you sent.
 
Provide both statements, along with a letter explaining that the money came from the property sale and proof of the sale.

Note that sometimes they send RFE because the documents are something they're not used to seeing, even though your documents are sufficient and relevant. Then when you respond the RFE somebody higher up takes a look at it and accepts what you sent.


So as long as I can prove:
1) the foreign property was under my name which I bought in 2009.
2) It was sold and money was in my foreign account
3) 90K is now in my US account

plus a letter explaining and that should be alright?
 
So as long as I can prove:
1) the foreign property was under my name which I bought in 2009.
2) It was sold and money was in my foreign account
3) 90K is now in my US account

plus a letter explaining and that should be alright?

Yes. Also specifically mention in the letter that the required income for your household size is ____, 3 times that is ____ and the money in your account which is ____ is more than that. And if the original I-864 didn't list your assets in Part 7, include a new I-864.
 
Last edited by a moderator:
Top