other sources of funds . This step allows the investor to demonstrate the “ path ” of funds more easily .
FUNDS DERIVED FROM GIFTS AND LOANS
As of May 14 , 2022 , gifts and borrowed funds are permissible for petitions filed on or after that date , provided :
• They were gifted or loaned to the investor in good faith ; and
• They were not gifted or loaned to circumvent any limitations imposed on permissible sources of capital , including , but not limited to , proceeds from illegal activity . 4
USCIS requires evidence of any loan or mortgage agreement , promissory note , security agreement , or other evidence of borrowing which is secured by the investor ’ s own assets for which the investor is personally liable . 5
Investors relying on gifted or borrowed funds must demonstrate the lawful source of those funds by submitting appropriate evidence for the party making the gift or , if not a bank , the lender . 6
Investors should be prepared to provide any legal documents associated with the gift , including the gift instrument as well as the bank records evidencing the transfer of the gift funds to the investor . Bank records should include those of the gifting party as well as the recipient . Make sure to include not only the bank statement but also the related bank documentation support that contains the names and financial institutions associated with the transaction .
Investors using funds from a gift must be able to demonstrate how the person gifting the funds obtained those funds to demonstrate they are from a lawful source . The gifting party essentially must go through the same steps as the investor would have to demonstrate the funds were derived from a legal source .
For example , if the gifting party obtained the funds for the gift from the sale of stock or securities , evidence will need to be submitted to demonstrate the source of funds used to purchase the stock or securities . If the value of the stock grew over time , provide evidence in the form of monthly securities statements that document the growth in value .
If the funds from the gifting party were held in a bank account over a period of time , bank records will be required to demonstrate the gift proceeds remained in the bank account . Many financial institutions in the United States do not maintain bank records for a period longer than seven years and banks in foreign countries have similar document retention policies . In situations where the gifting party did not maintain bank records and such records are no longer accessible , obtaining a statement from the financial
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