fiancee visa/ I-134/asset question

[rusty]

I called the embassy personally to ask them if my home worth $125,000.00 would be enough to use as income because my wages from my job and what was filed on my tax return is only half of what's needed. They told me they would not accept my Home as assets because they feel I would not sell my home to pay for a bill. I feel this ***'t fair, but I actually have the home up for sale and if sold soon, I will have that $125,000.00 in a bank account, but I worry that because of the short term the money was just placed in the bank, then they might not except that either. Any thoughts on this matter to solve this problem or what you feel is needed for me to get approval on the I-134 would be helpful... Thanks

[coldface]

What the embassy told you is actually not unfair. They are required to ensure you have the long-term means to take care of your wife-to-be. The value of your home cannot be accepted as your primary source of income because it is not a regular, ongoing source of funds. Also, they may be concerned that if you sell your home, where are you going to live with your wife-to-be? And when the funds run out (which they eventually will), how are you going to continue supporting your new family?

Also, be mindful that the I-134 is not the only Affidavit of Support you will be required to submit. When your new wife files the Adjustment of Status paperwork after you get married, you will have to submit another Affidavit known as the I-864, which is even more demanding.

There is, of course, an alternative. Find a co-sponsor in your family. This person will have to complete the I-134 like you and furnish the same supporting documents, i.e. bank statement, latest federal income tax return, letter from employer, proof of asset ownership, etc.

Hope this helps, and best of luck.

[RCM]

I know this is a old thread but I just read it and don't want anyone who reads it to think that the information given by the embassy employee was correct. There is nothing in the law that prevents a home equity from being treated as an asset for purposes of of making up a shortfall in the sponsors income.
Here's an example given by the USCIS when income is below the 125 of poverty level guidelines....
You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

Example for a household size of 4:

125 percent of 2006 poverty guideline $25,000

sponsor's income $19,500

Difference $5,500

Multiply by 5
x 5 Minimum Required Cash Value of Assets....$27,500