Joint Sponsor AOS (K1)

[Him and Her 1 1]

We sent out the AOS package on March 18th, and received an RFE on April 20th for not meeting the 125% on the affidavit of support. I do meet the 125% but just barely for 3 people (my daughter included). We've decided to get a joint sponsor as to not chance a denial. What information can we give to our joint sponsor? How long will they be obligated to be financially responsible through law? Until naturalization?

Also, does she need to meet the 125% for 4; herself, my husband, daughter and I? Or just 2, herself and my husband?

Any info is appreciated. Thank you!

[teeak 224]

The joint sponsor's obligations will end when the immigrant works 40 quarters (10 years), becomes a citizen, or passes away.

She needs to meet the 125% requirement for herself, the immigrant and any dependents she has. She does not need to include you and your daughter.

Have her read Page 9 of the 1864 form so she is aware of what she will need to agree to: https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

Of course, she'll also need to provide her tax transcripts, pay stubs, employment letter etc.

[Him and Her 1 1]

Thank you! I just realized I didn't send in proof of my citizenship. Could that be why we got an RFE, or would it have stated that?

[KayDeeCee 4,891]

Thank you! I just realized I didn't send in proof of my citizenship. Could that be why we got an RFE, or would it have stated that?

Only a joint sponsor needs to provide proof of being a USC or LPR with an I-864. Read through the I-864 instructions for info on everything you are wondering about.

[Him and Her 1 1]

I did apply to be the sponsor and got an RFE stating I don't meet the 125%, but I do. I did not send in my proof of citizenship, so I'm wondering if that could be why we got the RFE. We decided to get a joint sponsor because we're not sure why, and don't want to be denied if I try again. There was a phone number on the RFE. I wonder if they would be able to answer those questions for me.

[KayDeeCee 4,891]

I did apply to be the sponsor and got an RFE stating I don't meet the 125%, but I do. I did not send in my proof of citizenship, so I'm wondering if that could be why we got the RFE. We decided to get a joint sponsor because we're not sure why, and don't want to be denied if I try again. There was a phone number on the RFE. I wonder if they would be able to answer those questions for me.

The RFE is not because you did not send proof of being a USC. I just told you that proof of citizenship or permanent residency is only required for a joint sponsor, not the USC petitioner/primary sponsor.

What exactly did the RFE say? Nothing other than you did not meet the 125% requirement? Did it ask for most recent tax return? Did it ask for documentation to prove your current annual income meets the requirement?

What did you send in with the I-864 to begin with?

What is the source of your income? Is it from employment, being self-employed, or some other income source? How long have you been receiving the income? Is it recent or has it been ongoing and stable?

Need more info and details to be able to try and help.

They will not be able to tell you anything over the phone.

[Him and Her 1 1]

Ok I understand now. Yep, only that I do not meet the mark. I sent a letter from employer and three years of taxes. I've been at my job for a year and a half. Previous years I was way under. Now I'm barely over. I guess that's why. Who knows. Going with a JS.

[KayDeeCee 4,891]

Ok I understand now. Yep, only that I do not meet the mark. I sent a letter from employer and three years of taxes. I've been at my job for a year and a half. Previous years I was way under. Now I'm barely over. I guess that's why. Who knows. Going with a JS.

It could be. They will look at the totality of your situation and then decide if they believe the immigrant would become a public charge or not. Sometimes if the income that meets the requirement is fairly recent and on the borderline, then they will want to see assets or a joint sponsor.

[sparker42 7]

If the required tax form is from last year 2015 or 3 years prior, then when does the I-134 or the I-864 Forms have to be signed? And what if you get laid off from that job and get a new job 2016?

[KayDeeCee 4,891]

An I-134 is only used for the K-1 visa interview. When the I-864 is submitted depends on what you are filing for.

It is currently 2016, so if you started a new job this year, then that is the income amount you would list for your current annual income on the form. Past tax info and current annual income are two separate things.

[sparker42 7]

@ KayDeeCee gracias q bueno ....Esto es exactamente lo que pensaba so I would calculate it from start of job to until December 2016

[KayDeeCee 4,891]

No. It is current annual income. You calculate it for an entire year's time. You take what you earn hourly and multiply it by however many hours you work per week. Then you multiply that weekly amount by 52 weeks. That will be your current annual income. Provide letter from employer and/or recent pay stubs to show evidence of that income amount.

[aaron2020 11,651]

The joint sponsor's obligations will end when the immigrant works 40 quarters (10 years), becomes a citizen, or passes away.

She needs to meet the 125% requirement for herself, the immigrant and any dependents she has. She does not need to include you and your daughter.

Have her read Page 9 of the 1864 form so she is aware of what she will need to agree to: https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

Of course, she'll also need to provide her tax transcripts, pay stubs, employment letter etc.

40 work quarters is not necessarily 10 years. It can be 5 years of both spouses are working. It could be never if the person and his/her spouse does not work consistently.