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Filed: Timeline

My wife and I just got married and I am filing for adjustment of status.

We are both 21 and she's only started working recently so I don't think she qualifies as a sponsor. Can her father sponsor me? Or her aunt? Are there any limitations as to who can sponsor me if they exceed the poverty level?

Also, obviously the bigger the sponsor's household is the higher his/her income has to be. Now, who defines as part of the sponsor's houshold? Let's say, her father was to sponsor me and her brothers who are 21 and 18 and the two of us live in the same house. Are we to be counted in or is anyone above 18 / 21 years of age to be excluded when determing the size of the household?

Thanks

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Anybody can sponsor you as long as they meet the income requirement and are a permanent resident or a US citizen.

The household size is how many people are supported by the sponsor, regardless of age. But even if the household size is 6, that's still under $40,000. I couldn't support myself on that, it's a complete joke.

Here are the poverty guidelinese for 2008: http://travel.state.gov/visa/immigrants/info/info_1327.html

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Filed: AOS (apr) Country: Japan
Timeline
My wife and I just got married and I am filing for adjustment of status.

We are both 21 and she's only started working recently so I don't think she qualifies as a sponsor. Can her father sponsor me? Or her aunt? Are there any limitations as to who can sponsor me if they exceed the poverty level?

I belive your wife needs to be your sponsor and sign Form I-864 regardless of her income size. Also, according to Form I-864 instruction, if she did not have any income (or income was below the minimum amount required for filing tax return), and she has not filed tax returns for any of the last 3 years, she should explain such facts in a separate sheet (dated and signed) and attach it to Form I-864 along with relevant IRS instruction (I think attaching relevant pages of Form 1040 instruction would be fine).

Regarding co-sponsor (joint sponsor), as kid brooklyn said, any permanent resident or a US citizenother can be a co-sponsor. Below is the instruction contained in the Form I-864:

"A joint sponsor can be any U.S. citizen, U.S. national, orlawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant."

Edited by Mint518

AOS from H1B

[AOS Timeline of Dec.'08 Filers], [JV Thread for Dec.'08 AOS Filers]

12-17-08: I-130/I-485/I-765 sent to Chicago Lockbox via USPS

12-18-08: I-130/I-485/I-765 delivered

12-29-08: Received 3 NOAs (dated 12-24-2008)

12-29-08: Checks cashed

1-5-09: Received Biometric appt. notice (dated 12-30-2008)

1-20-09: Biometric done

2-17-09: Received interview appt. letter (dated 2-12-2009)

3-5-09: Received EAD (dated 2-28-2009)

4-6-09: AOS Intervew @NYC

4-13-09: Received welcome letter (dated 4-8-09)

4-18-09: Received GC (dated 4-13-08)

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thanks for you reply!

would we be obliged to list her brothers? i mean, they both have jobs and are not really dependent on her dad. they just live in the same house for the sake of not having to pay rent.

The main sponsor has to include everyone in their household as dependents. However, their income is based on household income...so if her brothers are working, her father would include their income on the form and it would raise the household income so it shouldn't be a problem. :thumbs:


See my timeline for my K-1 and AOS/EAD/AP details.

ROC

April 1, 2011-Packet sent, back to the grind!

April 2, 2011-USPS confirms delivery to CSC

April 18, 2011-Received biometrics letter

May 5, 2011-Biometrics appointment, quick and easy

June 16, 2011-Card production ordered!

June 24, 2011-Card received

CRW_7744web-1-1.jpg

My wonderful little family: Dennis, Andrea, and Malcolm

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I belive your wife needs to be your sponsor and sign Form I-864 regardless of her income size. Also, according to Form I-864 instruction, if she did not have any income (or income was below the minimum amount required for filing tax return), and she has not filed tax returns for any of the last 3 years, she should explain such facts in a separate sheet (dated and signed) and attach it to Form I-864 along with relevant IRS instruction (I think attaching relevant pages of Form 1040 instruction would be fine).

Yes, I forgot to mention that your USC wife would still be the main sponsor, and will have to fill out an I-864, even if she had no income nor filed any tax returns. She will just need to include a note explaining all that. Then, her father (or whoever) would be the joint sponsor. He would need to fill out an I-864 also and include all the required docs (income tax returns, employer letter, paystubs, etc)

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Filed: Timeline

thanks guys!

so all of that needs to go back to chicago together? can i get my wife to fill out the bit as a main sponsor so i get my notice of action ASAP and my status is changed to pending as i dont want to overstay; and then whoever acts as my co-sponsor can submit his/her form later on? I'm just thinking getting all the income tax returns, payslips, employment letters etc. might take a while.

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Filed: AOS (pnd) Country: South Africa
Timeline
thanks for you reply!

would we be obliged to list her brothers? i mean, they both have jobs and are not really dependent on her dad. they just live in the same house for the sake of not having to pay rent.

The main sponsor has to include everyone in their household as dependents. However, their income is based on household income...so if her brothers are working, her father would include their income on the form and it would raise the household income so it shouldn't be a problem. :thumbs:

to clarify

Household in this sense is not everyone in the physical house, but those dependent on you, for instance if you happen to live in a single home with three families, they are not all part of your "household"

From the I-864 Instructions:

Your household size includes yourself and the following

individuals, no matter where they live: any spouse, any

dependent children under the age of 21, any other dependents

listed on your most recent Federal income tax return, all

persons being sponsored in this affidavit of support, and any

immigrants previously sponsored with a Form I-864 or Form

I-864 EZ affidavit of support whom you are still obligated to

support.

A lot of people when first getting married live with parents etc... They do not need to be counted IMHO.


03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

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Filed: AOS (apr) Country: Zambia
Timeline

It is important to submit all the papers at once...including the co-sponsor's forms. You will soon get a NOA1 and that will suffice to show that you are here legally. Without a full set of papers in hand, USCIS might hold up the entire process.

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Filed: Other Country: China
Timeline
thanks for you reply!

would we be obliged to list her brothers? i mean, they both have jobs and are not really dependent on her dad. they just live in the same house for the sake of not having to pay rent.

Then no.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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If you don't include the joint-sponsor's I-864, they may not even accept it and return the whole package to you to fix and resend. If they reject it and send it back, you would have to resend it once all the missing items are included. Only then would you get an NOA. So you are better off waiting till you have the joint-sponsor's paperwork too.

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If I understand correctly, the OP isn't thinking about leaving out the sponsor altogether...just sending it with a sponsor they know is not sufficient, then waiting for the RFE, then adding an additional sponsor. I think they would accept the package because all of the pieces are there, send the NOA, then when they do more in depth and realize the sponsor doesn't make enough they would send an RFE.


See my timeline for my K-1 and AOS/EAD/AP details.

ROC

April 1, 2011-Packet sent, back to the grind!

April 2, 2011-USPS confirms delivery to CSC

April 18, 2011-Received biometrics letter

May 5, 2011-Biometrics appointment, quick and easy

June 16, 2011-Card production ordered!

June 24, 2011-Card received

CRW_7744web-1-1.jpg

My wonderful little family: Dennis, Andrea, and Malcolm

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