Q: Intending immigrant's US home as an asset for I-864?
I, a US citizen, only earned $10k-15k in each of the past 3 tax years (2021-2023). The intending immigrant, i.e., my spouse, has been in the country for years, mostly on an H-1B (but is not working at the moment). We're filing an I-485 etc. for him. My income is obviously not enough for I-864 ($25.5k is currently the magic number), and we're having trouble finding a joint sponsor as our friends are also not earning much these days. However, my husband owns a home, in our US city, worth around $550k and with a mortgage of around $400k. Both the home and the mortgage are in his name only. The home is currently our primary residence. If we can show an appraisal and a mortgage statement that show that my husband's equity in the home is $100-150k, does that solve our I-864 problem?
A: Yes, If the appraisers report shows equity between 100k and 150k, then you wouldn’t need a joint sponsor.
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A:
Using your spouse’s home equity can help meet the I-864 requirements, but it might not fully cover the shortfall on its own. USCIS allows assets to be considered, but they need to be readily convertible to cash and valued at five times the difference between your income and the required amount. In your case, with a shortfall of around $15.5k, you would need assets valued at approximately $77.5k to bridge the gap.
Since the home is solely in your spouse’s name, you’ll need to ensure that the equity can be clearly demonstrated and is accessible for this purpose. Providing a recent appraisal and mortgage statements is a good start, but USCIS will also look at the liquidity of the asset. If the equity in the home meets or exceeds the necessary amount and can be reliably converted to cash, it could strengthen your affidavit of support.
However, it’s important to present a comprehensive case, possibly including any additional assets or financial resources you might have. Consulting with an immigration attorney can provide tailored guidance to ensure all documentation is properly prepared and submitted. This approach can increase the likelihood of meeting the I-864 requirements successfully.
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