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anamaral

Help with proof of income - do we need a joint-sponsor?

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Hello everyone

I need some help about the Affidavit of Support. My husband (USC) will leave his job abroad next month and move to the US to find another one. The previous 3 years he made above the poverty line (above 25k/year, right?) and filled taxes in the US. Our doubt is, in case he doesn't have a job yet when we get to the NVC phase, can we use his parents (his Dad is now retired) as joint-sponsor? (30k/year, lives alone with his wife and we will live with them until we set up). Would be a problem? We need to find somebody else?

Thank you all very much! Any suggestions will help :)


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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Here are the poverty guidelines... http://aspe.hhs.gov/poverty/15poverty.cfm I believe the income has to be at 125% of poverty level.

If my calculations are correct, your father-in-law needs to be making $30, 312.50...if there are four people in his household. Maybe he does not have to count your husband, I am not sure how that works. Good luck.

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~~moved to process and procedures from progress reports~~

Yes his father can be a joint sponsor. The household count would be 3. Father, his wife, and immigrant.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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~~moved to process and procedures from progress reports~~

Yes his father can be a joint sponsor. The household count would be 3. Father, his wife, and immigrant.

Interesting. So my husband (the USC), even if he is unemployed and living with his dad, he doesn't count as dependent? Only 3?

Thanks for your help!!


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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Interesting. So my husband (the USC), even if he is unemployed and living with his dad, he doesn't count as dependent? Only 3?

Thanks for your help!!

Correct


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Correct

Great

In addition, in order to meet the minimun required, can we use our savings (his Dad's income doesn't meet exactly yhe minimun, it will be like 2k missing). Or the assets (property, savings, stocks..) would have to be in his Dad's (co-sponsor) name?


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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Great

In addition, in order to meet the minimun required, can we use our savings (his Dad's income doesn't meet exactly yhe minimun, it will be like 2k missing). Or the assets (property, savings, stocks..) would have to be in his Dad's (co-sponsor) name?

Just an FYI, "joint sponsor" is the proper term when referring to an I-864, not co-sponsor.

His dad can use HIS assets (not yours) to make up the difference if his income does not meet the minimum. However, the value of the assets must be 5X the difference in order to be used. So if his income is 2K short of the minimum, then the value of any assets he wishes to use to make up that deficit must be greater than or equal to 10K.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Just an FYI, "joint sponsor" is the proper term when referring to an I-864, not co-sponsor.

His dad can use HIS assets (not yours) to make up the difference if his income does not meet the minimum. However, the value of the assets must be 5X the difference in order to be used. So if his income is 2K short of the minimum, then the value of any assets he wishes to use to make up that deficit must be greater than or equal to 10K.

Ohh good to know! Thank you very much!


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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Dear Ryan H, I wonder if you could help me in this old thread (or anybody else who knows the answer)

My husband (petitioner) is now living with his parents (him, his father and his mother). Both parents are retired and file taxes as "married filling jointly". His father will be our joint-sponsor. Originally, we were planning on this: my husband fills a I864 form, my father-in-law fills a I864 and my mother-in-law fills a I864A. However, we were told that, once they all have the same address, the correct way would be: My husband fills a I864, his father fills I864A and his mother fills I864A, and then on the box that says "include anyone parents, siblings, etc. in the same household as you that are combining their income for you to meet the guidelines", he would add his parents (we need their income to meet the poverty guidelines, once my husband is not working yet and wored abroad for the last 6 years).

Sorry to ask you at this moment, but help would be greately appreciated!

Just an FYI, "joint sponsor" is the proper term when referring to an I-864, not co-sponsor.

His dad can use HIS assets (not yours) to make up the difference if his income does not meet the minimum. However, the value of the assets must be 5X the difference in order to be used. So if his income is 2K short of the minimum, then the value of any assets he wishes to use to make up that deficit must be greater than or equal to 10K.


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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Dear Ryan H, I wonder if you could help me in this old thread (or anybody else who knows the answer)

My husband (petitioner) is now living with his parents (him, his father and his mother). Both parents are retired and file taxes as "married filling jointly". His father will be our joint-sponsor. Originally, we were planning on this: my husband fills a I864 form, my father-in-law fills a I864 and my mother-in-law fills a I864A. However, we were told that, once they all have the same address, the correct way would be: My husband fills a I864, his father fills I864A and his mother fills I864A, and then on the box that says "include anyone parents, siblings, etc. in the same household as you that are combining their income for you to meet the guidelines", he would add his parents (we need their income to meet the poverty guidelines, once my husband is not working yet and wored abroad for the last 6 years).

Sorry to ask you at this moment, but help would be greately appreciated!

Your original method would be the more correct way unless his father claims him on his taxes as a dependent.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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However, we were told that, once they all have the same address, the correct way would be: My husband fills a I864, his father fills I864A and his mother fills I864A, and then on the box that says "include anyone parents, siblings, etc. in the same household as you that are combining their income for you to meet the guidelines", he would add his parents (we need their income to meet the poverty guidelines, once my husband is not working yet and wored abroad for the last 6 years).

Whoever told you that was "the correct way" was grossly incorrect. Even if you live under the same roof, there is A) no requirement to combine income and B) what NLR said.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Anamaral, I am in the same situation as you. Have you been able to login to complete step 1 choose an agent for the NVC? I have been trying with no luck for 3 weeks from a system error. I am using my parents as the joint sponsor as well. I was going to complete form I864, but it seems using the I864A is easier.

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No, I haven't been able yet, but we are preparing ahead

Best of luck

Anamaral, I am in the same situation as you. Have you been able to login to complete step 1 choose an agent for the NVC? I have been trying with no luck for 3 weeks from a system error. I am using my parents as the joint sponsor as well. I was going to complete form I864, but it seems using the I864A is easier.


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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The lady who told that said they have a very similar situation and they received a checklist for using USC I864, father I864 and mother I864A. It did not make sense for me in the beggining, but them I found this in the I864form instructions on USCIS (and just got more confused)

  1. Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

and:

a. If you included the income of () any other relative listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

Any suggestions?

However, as NLR, they do not file taxes together (what worries me)

Thank you for your responses

Whoever told you that was "the correct way" was grossly incorrect. Even if you live under the same roof, there is A) no requirement to combine income and B) what NLR said.


USCIS:

2015/3/23: I-130 Sent: (Let's start the waiting game!)

2015/3/25: NOA1 Sent by email, case routed to the USCIS California Service Center (hardcopy 2015/6/4)

2015/4/21: NOA2 (email; got hardcopy in 2015/5/6)

NVC:

2015/5/21: Got NVC case # and IIN

2015/5/29: Filled DS261 online

2015/6/1: Payed AOS fee online

2015/6/5: Sent AOS and IV packages

2015/6/8: DS261 reviewed over the phone

2015/6/8: Scan Date

2015/7/5: Payed IV fee online

2015/7/8: Filled DS260

2015/7/23: Checklist!!

2015/7/25: Checklist Scan Date

2015/8/18: NVC CC

2015/9/11: Interview Scheduled for October 8th (no letter yet, just called NVC!)

2015/10/1: Medical

2015/10/8: Interview - Approved!!!

2015/10/30: POE

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Why the NVC would issue such a checklist makes absolutely no sense, especially when a petitioner has zero income to combine with anyone else.

Never heard of this before, sounds like new reviewers with improper training.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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