I am short financially for meeting the 125% poverty guidlines, i have $14K of income but I own free and clear home worth $650,000 in my name only, I had an auto accident and was paid $80,000 in settlement so I have around $100,000 in my checking account. Is it sufficient enough assets to be combined to my low income? I will not have any joint sponsors, so that's out of question. I heard that if it's only home, it can't be used, but others said I can use it, so Im getting conflicting info and AoS instructions aren't too clear either...it says "if converted into cash within one year without hardship to the sponsor" so i understand what it says but dont know what it implies...why not just say can't use the only home as asset or can?Have you used the only home as asset and was it accepted? I want to know based on experience of attorneys otherwise it's not helping to hear conflicting things around. Also, when filling out AoS, do I write $100,000 checking asset do I dive it into 3 or 5? i think as a petitioner I should divide all my assets into 3 right?
I'd have to know more facts such as your status (US citizen or permanent resident), your familial relationship to the beneficiary and how short your income is from the poverty guidelines amount to give you a complete answer. In general, you could use either the market value of your non-mortgaged house or the cash in your bank account to make up for your income shortfall. In my opinion, unless you are concerned that you won't have the necessary account balance at the time your I-864 is adjudicated, it is much easier to use that as your asset because you merely have to provide bank statements to prove its value. If you're planning on spending a large portion of the cash in the future it would probably be better to use the house as your asset. I've used the value of the petitioner's only residence as an asset on the form many times. It's quite common to do so.
I'm confused about your reference to division. If you're referring to the multiplier to be used to determine the necessary amount of the value of your assets, it could be three or five, depending upon your status and your familial relationship to the beneficiary.
The equity in your home can be used as an asset. USCIS may require an appraisal though.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
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