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Posted

Hi all our Visa Journey friends

I have a question . I am going to sponsor my husband coming into the country. Currently my salary is $13,300.00 yearly and I have equity in our house of about $50,00.00. I believe 1/3 of that can be used as part of my funds to sponsor my husband. This puts me well over the poverty level for a 2 person family.

Can anyone suggest why my lawyer would like me to get a co-sponsor? I had my mother but she completely bailed on me. I am scared and struggling? according to all rules I have read we should be OK. Any thoughts on this from anyone? Is my lawyer being extra careful? has anyone had any experience with this?

I thank you for any replies.........

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

Posted

Probably because if you used the equity in your home you could eventually lose your house and the only place you have to live. Home value really is not a very liquid asset as opposed to something like an extra car or something that can be sold right away. I would get a co-sponsor too. London could really not care less about pictures or documents of your relationship but will get you when it comes to sponsorship.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Filed: Other Country: China
Timeline
Posted

Probably because if you used the equity in your home you could eventually lose your house and the only place you have to live. Home value really is not a very liquid asset as opposed to something like an extra car or something that can be sold right away. I would get a co-sponsor too. London could really not care less about pictures or documents of your relationship but will get you when it comes to sponsorship.

I agree. The standard for using assets is that they be liquid, defined as reasonably liquidated within a year without causing undue harm to the sponsor or their family members. While there's no specific exclusion for using equity in your family home, it tends to be looked at in the same way as a car, where they specifically indicate they don't count its value unless you have another car to use. Since you don't have another house to use.....

Your lawyer is advising you wisely in this case.

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted

The US government is protect the possibility of any future

acts of somebody filing for welfare.

As part of the I-864 the petetionier has to be able to support

the person coming into the country. SO if your taxes for the last

3 years need to be over the 125% over poverty.

SO the attorney is asking you to get a CO-sponsor to make sure to the

government wont ever have to pay for the support of that person

that came into our country,

So the US Embassy could ask for a Co-sponsor to make sure you have

future support in case you lose your job ...you dont become and

liability to the government.

Its the Law and the US embassy decline many cases becuase many

people dont qualify. YEs much money in thge bank and much land

and assest help your case. But co-sponsor removes that and thus

the giovernment allow you to have somebody assist you if something

was to happen. The Co-sponsor will assist your financial needs in the

event you default to provide 125% until citizenship occurs. Thn the

cosponsor is not longer liable to anything once AOS and citizenship

happens.

USCIS set up this so people above poverty can be responsible for supporting

the in coming spouse, so they dont become a burden to the US government.

Many people get married but cant support the spouse after they arrive here.

I hope this helps you better understand why your attorney suggested getting

it also help you have a better chance of getting approved. becasue if the

US Embassy doesnt think you can support this person, they wont approve the Visa.

unless there proof there a co-sponsor along with the petetionier so both have

to file the I-864.

Good Luck Hope this helps you better understand its necessary to have a stronge

income and 3 years back taxes to support your claim, so you can support your spouse.

If not than its mantory to have a co-sponsor.

but your attorney would know best for sure of this if he asked you to get one.

Your attorney is protecting your chances of being approved. Yes yes the same the

Government asking the same for a security if something happen and you cant support

your spouse. Also if you lose your home what would be your back up spport to make sure

your spouse doesnt become a libality to the US.

Think as if you were the government and it was you approving them to to come to his country.

I hope I explained it for you so you have an idea. Happy Holidays :)

Good Luck.

Filed: Other Country: China
Timeline
Posted (edited)

SO if your taxes for the last 3 years need to be over the 125% over poverty.

This is a common error. Information from tax returns for the past three years is needed for the form but that's separate from the statement of current income. Current income is the most important, so much more important that people with none of the past three years over the poverty line still qualify based on documented "current income".

On the other hand, people with three prior years of qualifying income who do not have high enough income currently will NOT QUALIFY.

Edited by pushbrk

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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

Posted

Thanks for all your responses. I am feeling torn to pieces, I've been laid off my job of 10 years which would have qualified me to 100 percent sponsor my husband on my own and now my mother has backed out on co sponsorship. I am praying for things to be OK if I can't get a sponsor. I've asked one other person. If she says no I have to pray our equity and assets will get us through. I am now desperately looking for a well paying job like I had......

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

Filed: Other Country: China
Timeline
Posted

Thanks for all your responses. I am feeling torn to pieces, I've been laid off my job of 10 years which would have qualified me to 100 percent sponsor my husband on my own and now my mother has backed out on co sponsorship. I am praying for things to be OK if I can't get a sponsor. I've asked one other person. If she says no I have to pray our equity and assets will get us through. I am now desperately looking for a well paying job like I had......

You're doing the right thing. I don't recall you mentioning any other asset except equity in your primary residence. Do either of you have other liquid assets to use?

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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

Posted

You're doing the right thing. I don't recall you mentioning any other asset except equity in your primary residence. Do either of you have other liquid assets to use?

My husband has liquid assets of around $30,000 available mid January (his Mother has released equity on her house for us). I am hoping that this will be enough for us if my friend will not agree to sponsorship. Crossing fingers here!

What is your take on the $30,000? Is my husband better off giving it to ME so it counts for one third of assets rather than one fifth?

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

Filed: Citizen (pnd) Country: Mongolia
Timeline
Posted

This is a common error. Information from tax returns for the past three years is needed for the form but that's separate from the statement of current income. Current income is the most important, so much more important that people with none of the past three years over the poverty line still qualify based on documented "current income".

On the other hand, people with three prior years of qualifying income who do not have high enough income currently will NOT QUALIFY.

Good information. Without ongoing income, even a 7 figure income history over the last 3 years will not satisfy the sponsorship requirements. Ongoing income is not only important it essential unless your assets or co-sponsor can satisfy the requirements.

I too had very solid income over quite a number of years including the last 3. Had the rug yanked out from under me as far as ongoing income and my income picture will not improve until later in 2011. I was fortunate in having family members who were quite willing to co-sponsor. Without them, I would presently be moving overseas.

th_Untitled-3.jpg?t=1294114030

03/2008--Met while working together in Mongolia
06/21/10--Married in Ulaanbaatar on the Summer solstice
USCIS
09/06/10--I-130 package mailed to USCIS Chicago Lockbox
12/14/10--NOA2 hardcopy rec'd, Dec 09 notice date<APPROVED>86 Days
NVC
12/22/10-NVC / IIN Number issued, AOS bill paid
12/26/10-DS-3032 emailed
January4............IV bill paid, discovered error by preparer
USCIS ROUND 2
01/04/11-- I-130 package for stepson sent express with expedite plea
01/11/11---Congressional expedite plea lodged with USCIS
01/20/11--- Notice date, APPROVED 14 days
NVC ROUND 2
01/26/11--- NVC/IIN Numbers issued, DS-3032 Emailed
02/07/11--- AOS/IV packages fedexed to NVC
02/24/11--- Both Cases Completed at NVC
CONSULAR
04/27/11--- Interview passed
05/29/11--- POE ORD
08/2011--- I-551s arrive

heart.gif NEW YEAR'S EVE 2011, WE WELCOME OUR BABY GIRL TO THE FAMILYheart.gif

REMOVAL OF CONDITIONS

04/18/13--- I-751 mailed

09/25/13---ROC approval

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

FYI...I have a co-sponsor as well..my mother in law, she didn't bail on us or anything but we got an RFE from NVC..they needed my mother in law's Birth certificate, as for proof of citizenship. I guess we overlooked that. So if you find another sponsor, include that person's BC or passport biometrics page I suppose for good measure.

Posted

Good information. Without ongoing income, even a 7 figure income history over the last 3 years will not satisfy the sponsorship requirements. Ongoing income is not only important it essential unless your assets or co-sponsor can satisfy the requirements.

I too had very solid income over quite a number of years including the last 3. Had the rug yanked out from under me as far as ongoing income and my income picture will not improve until later in 2011. I was fortunate in having family members who were quite willing to co-sponsor. Without them, I would presently be moving overseas.

I have an ongoing income of $13,300.00 at the moment. Very low which is why I;m hoping our equity and liquid assets will bring us through if I can't find a co -sponsor. According to everything my husband and I have read regarding this it does put us well over what we need to be for a 2 person household......but like I said...I am trying desperately to find a good paying job like I had. I'm just pulling my hair out with worry but we have to think positive.

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

Filed: Other Country: China
Timeline
Posted

My husband has liquid assets of around $30,000 available mid January (his Mother has released equity on her house for us). I am hoping that this will be enough for us if my friend will not agree to sponsorship. Crossing fingers here!

What is your take on the $30,000? Is my husband better off giving it to ME so it counts for one third of assets rather than one fifth?

I don't know what you mean by "released equity on her house". Please be more specific about how that is a liquid asset available to you or your husband. In short, unless it's money in his bank account, it's still tied up in her house, so not "liquid".

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

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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

Posted

I don't know what you mean by "released equity on her house". Please be more specific about how that is a liquid asset available to you or your husband. In short, unless it's money in his bank account, it's still tied up in her house, so not "liquid".

By the end of January it will be cash in the bank, liquid. Gary's mom has released his inheritance to him early to help with all this.

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

Posted

Why will your mother not co-sponsor? Honestly all she has to do is sign one form and provide a little information. She does not have to pay anything, and quite frankly the I-134 is not all that enforceable like the I-864. She can even send her financial info to the embassy directly so that no one else has access to it.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

Filed: Other Country: China
Timeline
Posted

Why will your mother not co-sponsor? Honestly all she has to do is sign one form and provide a little information. She does not have to pay anything, and quite frankly the I-134 is not all that enforceable like the I-864. She can even send her financial info to the embassy directly so that no one else has access to it.

This is a spouse case, so it will be the I-864. The OP needs to edit their profile accordingly. K3 is no longer available.

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

Google Who is Pushbrk?

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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