sponsoring immigrant and family

[ngant17 1]

I am the principle sponsor for my spouse for her permanent residence (I-864). I am also planning to include her 2 daughters for green cards. My mother has agreed to be co-sponsor (I-864A). My mother and I both are owners of a home which has an equity of approx. $50k, and both our names are on the mortgage. Can I list this entire property asset (appraised value less mortgage debt) for myself, or do I have to split it in two on my I-864 paperwork, and list the other half on my mother's I-864A form? It would not seem to matter to me, as we both are agreeing for the sponsorship.

[Boiler 43,627]

Is this your or your mothers principal residence?

[ngant17 1]

Is this your or your mothers principal residence?

Yes, the property is my principal residence and it is also my mother's principal residence.

Edited October 22, 2010 by ngant17

[Boiler 43,627]

I doubt very much that they will take it into account, see the I 864 instructions.

[ngant17 1]

I doubt very much that they will take it into account, see the I 864 instructions.

Well, I do read that the I-864 form states that property converted to cash value could be used as long as there is "no undue harm to the sponsor or his or her family members". At the same time, the instructions on form I-864A clearly states that I can use assets from a relative, including a parent who resides with me. So I don't see why there would be a problem on I-864 when it expressly permits this on I-864A, as long as my household co-sponsor/relative is agreeing to the conditions.

Are you saying this is standard procedure for I-864 applications? What are the statistics for parent who are household members and wish to help sponsor the immigrant and family?

[ngant17 1]

I doubt very much that they will take it into account, see the I 864 instructions.

I also asked this same question on avvo.com/ask-a-lawyer, a lawyer referral site. An attorney who specializes in immigration law (38 years experience) replied to my question, and he only stated that it was necessary to have my mother sign the co-sponsor form, I-864A. He stated nothing about the probability of denial, as you are stating. On what basis are you claiming that this application would be denied by the immigration office? You sound very sure about this. How much experience do you have in immigration law?

[JoannaV 173]

Lots of people try to use home equity for the affidavit of support. Most fail. More so recently. Firstly, because in the current housing market there is no guarantee that you would easily be able to access that equity. (I guess you could via a loan, but they don't seem to take that into account.) Secondly, because it is where you live. They don't let you use your primary car as an asset because apparently you "need" the car to survive. Similar thing with your primary dwelling.

So, you can certainly try to use your house equity. You might succeed. But be prepared for it to fail. If you and your mother have enough income to file the I-864 then this doesn't matter. But if not, then you might want to try to find another co-sponsor which you could use if they didn't accept the house equity. (If they deny the house equity then you would have to find another sponsor. Best to find one now that you can produce just in case so that if they do deny it there will be no delay.)

I guess, in the worst case scenario they would deny the home equity and you wouldn't be able to find another sponsor. But you could take the equity out of the house, use that as cash in the bank, then pay it back as soon as your wife has her visa.

But hopefully it won't come to that. Get proof of your mortgage payments, current appraisals of your house, and ideally something showing easy access to the equity: for example, proof that you could get a home equity line of credit if needed.

[Boiler 43,627]

Would being made homeless constitute undue harm?

[ngant17 1]

Lots of people try to use home equity for the affidavit of support. Most fail. More so recently. Firstly, because in the current housing market there is no guarantee that you would easily be able to access that equity. (I guess you could via a loan, but they don't seem to take that into account.) Secondly, because it is where you live. They don't let you use your primary car as an asset because apparently you "need" the car to survive. Similar thing with your primary dwelling.

So, you can certainly try to use your house equity. You might succeed. But be prepared for it to fail. If you and your mother have enough income to file the I-864 then this doesn't matter. But if not, then you might want to try to find another co-sponsor which you could use if they didn't accept the house equity. (If they deny the house equity then you would have to find another sponsor. Best to find one now that you can produce just in case so that if they do deny it there will be no delay.)

I guess, in the worst case scenario they would deny the home equity and you wouldn't be able to find another sponsor. But you could take the equity out of the house, use that as cash in the bank, then pay it back as soon as your wife has her visa.

But hopefully it won't come to that. Get proof of your mortgage payments, current appraisals of your house, and ideally something showing easy access to the equity: for example, proof that you could get a home equity line of credit if needed.

Thanks for the comment, it sounds realistic and plausible. I've talked with my newly-married wife, Vilma, and she seems to think it would be better to just include her on the I-864 application. She thinks it would be better sponsor her 2 daughters later. To sponsor only Vilma for her permanent residence, our combined household income (me & my mother), plus my titles to 3 cars in good condition (2 vans and 1 truck) of which I will include 2 of the cars as assets on the I-864, all of that will put me over the 125% poverty line. My mother also has a car, but I am the designated driver as she does not drive anymore. Financial papers (bank statements, mortgage docs, ect.) are ready to send.

Because it took so long for Vilma to get here on the K1 visa, her two daughter are no longer under 18, they are 22 and 19. Would it be possible to include the youngest daughter (age 19) on the paperwork, as I understand there is a legal exception for allowing immigrant children from Cuba if they are 19 instead of 18. If I don't include them on the paperwork now, how long will we have to wait to sponsor them as family members to come here and live with us? I've heard that it can take as long as ten years to bring them here? My wife doesn't think this is accurate, and it should not take more than a year.

[Boiler 43,627]

I have never heard of any age variations for Cuba or otherwise.

Judging by your time line they would have been too old for you to petition for them, she would need to.

Was the youngest one included as a K2?

You will also need to be able to sponsor them.

Edited November 1, 2010 by Boiler

[summer0406 0]

i'm just waiting for the AOS of my sister's bf.hopefully if i hav it tmoro,i'll go right away to USEM...and also my mom's AOS,she declared her house as an asset and she also include her 401K hehehe...she's really desperate...we really don't know where to go if that won't work....btw,the bf's 2009 ITR is 44,XXX and for all of us 7(me,4 kids,d bf and his mom) under poverty guideline it's 41,XXX....do u think dat will do....i hope God will listen to my prayers,,this is for my kids not just for me....God Bless...

[Boiler 43,627]

I do not understand your post, however the calculation is factual.

There are issues if you seek to include certain assets, from personal experience I know they much prefer income to assets.