If I have no sponsor and no income for last year I have to die?

[sara2010 2]

I am making over $1500 a month for this year.I own a home also. I was a fulltime student last year I could not work fulltime.My dad is making only $1200 a month and my mother is un-employed since a few months. I have no sposnsor and not enough income from last years. at this time there is no body to help me to bring my fiance to the u.s. Everyone telling me you have to have a sponsor or you will be denied.I am so sick I am getting crazy of preparing these affidavit supports

[RICARDO4EVA2 199]

its hard sometimes.... You can use stocks, bonds, savings ... (assets) to help meet the income requirements.

[newlyweds2010 208]

if you own a house you can use it as an asset, but remember that you have to write any mortgages pending on it.

[NigeriaorBust 4,088]

If the house is your residence you may not be allowed to use it's value because there is a clause about undue harm to the sponsor ( as in where would you live if you sold it) Maybe you can get a second job for a bit to push your income a bit higher.

[Aztec&Taino 144]

I am making over $1500 a month for this year.I own a home also. I was a fulltime student last year I could not work fulltime.My dad is making only $1200 a month and my mother is un-employed since a few months. I have no sposnsor and not enough income from last years. at this time there is no body to help me to bring my fiance to the u.s. Everyone telling me you have to have a sponsor or you will be denied.I am so sick I am getting crazy of preparing these affidavit supports

You have no siblings, aunts, uncles, best friend, or anyone else who might be willing to co-sponsor?

[newlyweds2010 208]

If the house is your residence you may not be allowed to use it's value because there is a clause about undue harm to the sponsor ( as in where would you live if you sold it) Maybe you can get a second job for a bit to push your income a bit higher.

isn't this only referred to motor vehicles?

[sara2010 2]

isn't this only referred to motor vehicles?

oh noooooooooooooooo I appraised my house and yet it is my residental house. That is too bad if I can not use the asset becasue it is my residental house.

[JimVaPhuong 4,865]

If the house is your residence you may not be allowed to use it's value because there is a clause about undue harm to the sponsor ( as in where would you live if you sold it) Maybe you can get a second job for a bit to push your income a bit higher.

There are a few members who have claimed that this is the case, but I don't believe it's true. If the consulate follows the I-864 guidelines, which I believe most do, then they should allow you to use the net value of your home. From the I-864 instructions:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a license appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.

To me, the words "your home" explicitly mean the house you own and currently live in. You do not have to sell your home, and essentially become homeless, in order to convert the net value, or "equity", into cash. You simply obtain an equity line of credit and you can write checks against your equity.

[sara2010 2]

There are a few members who have claimed that this is the case, but I don't believe it's true. If the consulate follows the I-864 guidelines, which I believe most do, then they should allow you to use the net value of your home. From the I-864 instructions:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a license appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.

To me, the words "your home" explicitly mean the house you own and currently live in. You do not have to sell your home, and essentially become homeless, in order to convert the net value, or "equity", into cash. You simply obtain an equity line of credit and you can write checks against your equity.

Thanks for your help

[reeses16 8]

Okay you had no income last year (and I assume you did not file taxes). What about the 2 years before? If you can't get anyone to sponsor your fiance all you can do is complete the sponsorship forms yourself and present your situation in the most simple and organized manner possible.

Assuming you meet the 125% poverty threshold, I would include the following:

(1) Establish income for the previous 2 years (tax transcript from the IRS)

(2) Financial documentation for the year you were in school with no income (you are not required to file income taxes if you had only student loans; scholarships & fellowship are different)

(a) Financial Aid Award Letter

(b) Evidence of direct deposit or check stub for financial aid disbursement

(3) Evidence of your current job ($1500/mo)

(a) Letter from your Employer (stating when you started working, the amount of your pay, etc. check the guides)

(b) Your last 6 pay stubs (or direct deposits for pay)

*** Then I would paper clip (or binder clip) this entire package together in chronological order and include a short explanation letter. Keep it short and to the point. What you don't want is an immigration officer to sit down and wonder why you sent your financial aid award letter and where is your 2009 tax record.

[thelastpetitioner 218]

Okay you had no income last year (and I assume you did not file taxes). What about the 2 years before? If you can't get anyone to sponsor your fiance all you can do is complete the sponsorship forms yourself and present your situation in the most simple and organized manner possible.

this wont guarantee anything.

the two years prior's taxforums are required by specific consulates,its not an over all thing.

i dont think a consulate would care why the petitioner ( not just in this case ) spent one whole year without any income.its really black or white.the situations in which they beneficiary's degree and working skills,or the beneficiary's recent income situation come under consideration are very very rare.

what you suggested is worth a try tho,but OP dont get your hopes up if youre going to relay on hoping to get things fixed yourself by just explaining your situation

Edited December 25, 2010 by thelastpetitioner

[NigeriaorBust 4,088]

I know that the words imply you can use it, but we have had reports of that not being the case. Which is why I used the words MAY NOT instead of CAN NOT. I believe they were denied based on the supposed inability to convert a home into cash in less than a year in the real estate market as it was. It might be a good idea to show the average number of days on the market in the local market as a countermeasure.

The paragraph immediately above the one you stated.

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value

If you are near the poverty level , renting is more expensive than owning in more cases. So selling your home can be a hardship unless you have a second property to move into.

There are a few members who have claimed that this is the case, but I don't believe it's true. If the consulate follows the I-864 guidelines, which I believe most do, then they should allow you to use the net value of your home. From the I-864 instructions:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a license appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.

To me, the words "your home" explicitly mean the house you own and currently live in. You do not have to sell your home, and essentially become homeless, in order to convert the net value, or "equity", into cash. You simply obtain an equity line of credit and you can write checks against your equity.

[reeses16 8]

this wont guarantee anything.

the two years prior's taxforums are required by specific consulates,its not an over all thing.

i dont think a consulate would care why the petitioner ( not just in this case ) spent one whole year without any income.its really black or white.the situations in which they beneficiary's degree and working skills,or the beneficiary's recent income situation come under consideration are very very rare.

what you suggested is worth a try tho,but OP dont get your hopes up if youre going to relay on hoping to get things fixed yourself by just explaining your situation

You're right. This doesn't guarantee anything. I didn't mean to give that impression. It's entirely up to the consulate, and some consulates are much stricter than others. If the petition has already been filed, I don't think it's worth canceling it. I was in a similar situation when I did my husband's petition, I was a grad student at the time.

They key is to be complete, but concise in the way you present your financial situation. Yes, in this situation you need to explain it, but briefly. Don't make it the reviewer's job to figure out why you included certain documents or what it all means.

Also, if I remember correctly, during the visa processing they only require 2 years of taxes. During our visa petition I sent tax transcripts (or explanations + supporting evidence ) for 3 years because (1) it looked better, because I was able to show taxable income for another year and (2) I knew that for AOS I would have to show 3 years...and I thought of it as a way to pre-test the strength of my evidence before AOS.

Best of luck. Feel free to PM.

[Maxx121 14]

just a thought...

you could either wait a year and file your 2011 taxes then go the k1 route.

or you could play the numbers game: file for the k1 in six months by the time your fiance goes for the interview you should be just filing your taxes. if not and her interview comes a bit early, have her call the consulate and reschedule for another month.

just a thought.