Q: Can applicant's US house be used as asset to support green card petition?
I'm married to US citizen wife since last fall. She petitioned for me for green card. I'm here 20 years, having overstayed tourist visa. We filed i-130 and i-485,944,765 and 864. On i-864 we listed her income of 16k and mine of 32k (income requirement for 2 is about 21.5k). Today we got a letter asking me to show documentation of working in the US legally. Obviously I can't and therefore my income probably does not count. Other than having another sponsor, can we use MY asset IN the US (house with 50k equity) ? I read that easily-convertible foreign assets of the applicant can be use to bridge the gap. Says nothing of US assets. Can I? Also, do we need to resubmit new i-864 ?
A:
It should be an asset that is in your wife's name and you may need to prove it. The appraisal must be from a reliable source. It is always best to secure a joint sponsor in these situations, because the applications can be denied if the USCIS thinks that you did not provide enough proof, among other factors.
In these situation, it is always best to hire a competent and experienced immigration attorney to avoid further complications. Unfortunately, some are unwilling or unable to do so. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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