I obtained my conditional green card through the EB-5 program. I filed an I-130 for my 5-yeae-old son in China. I know that I need to submit an I-864 to the National Visa Center. I do not have any income in the U.S. I only own a house here. However, I have income and assets in China. Can I use my assets and income from China to support the I-864 application?
Answers
Ed Beshara
Immigration attorneysEvidence of your net assets can be used in the filing of an I-864 affidavit.
Bernard P Wolfsdorf
Immigration attorneysWhat is not clear is why you filed an I-130 for your son when you can do a following to join derivative. However, owning a home is very helpful and you can try and use foreign assets. Otherwise, you may need a co-sponsor. A child technically doesn't need an affidavit of support.
Marko Issever
EB-5 Broker DealersTechnically, you could use your overseas income and assets if you could prove that you can readily convert them to cash that you can bring to the U.S. Today, with the very strict currency outflow controls in China, it might be quite difficult to pass this test. Please consult an experienced immigration attorney who could be the best person to make that judgment call.
Lynne Feldman
Immigration attorneysAs a PR you should have filed a U.S. tax return on your worldwide income, so If you didn't do that, file one, even if it is a late filing. That will help and is a requirement. Your 5-year-old son can process as follow-to-join derivative. You did not need an I-130 unless he was born after you became a CR.
BoBi Ahn
Immigration attorneysYour income and assets that are accessible in the U.S. may be used to support financial capability for an I-864.
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