Joint Sponsor Dilemma

[Smoochie1209 0]

Before getting the visa and studing the process, I knew that I wouldn't qualify to support my wife on my own for the AoS to be approved. I asked my Mother to help me out and without reason, she felt it would hurt her and didn't want to help. She saw it as something she'd have to pay for, that she's risk her credit or that the goverment expected her to pay for things for us. I reasured her that it wasn't the case but she didn't want to sign. I turned to my dad and he agreed but feared because of his retirement, they wouldn't accept him. I also re-asured him that he had 2 houses in his name and that was plenty enough to prove as well as his retirement fund.

This is were the dilemma is created....he read the responsibities part and felt uneasy with this line and I quote from the i-184:

"What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees."

If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so."

My dad and and step-mother felt, "if she gets hurt and needs to be hospitalized and you can't pay for it, they are going to come after us"

I'm not sure what to say to this and it made me feel more discouraged in my life... It's been a year since I last saw my wife. I don't know how longer we can last. I want to move there but that might complicate the visa even more because no decent job there will pay me enough to cover the i-184.

Any help is much apprciated. I searched the forms for a like situation and see that the joint-sponsor has nothing to worry about but I don't feel comfortable until its clear they don't. Thank you very much to any and all who read and respond.

-Nick

[RPS 1]

It has been awhile since I went through the forms; however, if I remember the i184 asks for your projected income, so if you move to her country do all the visa stuff and then move back it is what you plan to make in the year. The consulate should recognize that your earning power will change depending what country you live in. Also double check on the bottom amount - if you're working full time you should qualify. Hope that helps

[uverseman 5]

I think it is written also by other members that the Manila USE does not accept co-sponsers anyway.

[Mar_Wil 12]

I think it is written also by other members that the Manila USE does not accept co-sponsers anyway.

From my understanding I believe those statements referred to K-1 visas and that the US Embassy in Manila will accept joint sponsors for IR-1/CR-1 type visas. Anyone with personal experience regarding the IR-1/CR-1 visas and joint sponsors?

[pushbrk 13,878]

From my understanding I believe those statements referred to K-1 visas and that the US Embassy in Manila will accept joint sponsors for IR-1/CR-1 type visas. Anyone with personal experience regarding the IR-1/CR-1 visas and joint sponsors?

Joint sponsors for "immigrant" visas, using the I-864 are accepted in all countries.

[pushbrk 13,878]

My dad and and step-mother felt, "if she gets hurt and needs to be hospitalized and you can't pay for it, they are going to come after us"

I'm not sure what to say to this and it made me feel more discouraged in my life... It's been a year since I last saw my wife. I don't know how longer we can last. I want to move there but that might complicate the visa even more because no decent job there will pay me enough to cover the i-184.

Any help is much apprciated. I searched the forms for a like situation and see that the joint-sponsor has nothing to worry about but I don't feel comfortable until its clear they don't. Thank you very much to any and all who read and respond.

-Nick

Signing an I-864 is a binding contract and becomes a contingent liability. Whether one "worries about" doing so is an individual thing. Your best bet is to get a job with sufficient current income to qualify as the sole sponsor. If your current income is sufficient and sustainable, your past income will not matter much. Getting a job first is probably your best option.

[Matt and Evieve 1]

You might try a friend or relative maybe?

[Samoray 165]

I think you need to get a decent job for the benefit of the AOS and also for the expenses of having your wife over there with you

Good Luck

[Smoochie1209 0]

The job I currently have doesn't pay much now but I was hired to become management and I will be taking over the position(hopfully) of the guy who is leaving. So when that happends I will be making more than enough. Thank you for all the reply's.

[talean nawaz 41]

You can set your dad's mind at ease with the whole "she may get sick and you wont be able to pay for it" thing... it says somewhere in the contract that certain things, such as emergency medicaid, school lunches, etc will not fall under the sponsor's obligations

Hope this helps!

Edited March 24, 2011 by talean nawaz

[Nemo13 1]

Good luck, Smoochie. I'm in a very similar situation. No one in my family will do a joint sponsorship because of 'fear', and I'm unemployed, desperately looking for a job. Hang in there, and best of luck.

[Wayne and Claudia 40]

To be a co-sponsor is undertaking a serious financial responsibility, much like co-signing for a loan. It is a very personal decision.

[Smoochie1209 0]

Ok, so if she does have a medical bill, that won't be under their heads.... I'm guessing it's mainly talking about loans and government debts right? I got my tax return which was over 2k which combined with my current income is a little more than enough. I hope the AoS is approved. The other question I have is I'm living with my mother(which sucks but nothing I can do about it...yet) and was wondering if I could add her in my Household, would this still make her accountable like Joint Sponsor?

"You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members" AoS USICS Website

I'm guessing I need to be the home owner for that to apply.

Edited March 26, 2011 by Smoochie1209

[pushbrk 13,878]

Ok, so if she does have a medical bill, that won't be under their heads.... I'm guessing it's mainly talking about loans and government debts right? I got my tax return which was over 2k which combined with my current income is a little more than enough. I hope the AoS is approved. The other question I have is I'm living with my mother(which sucks but nothing I can do about it...yet) and was wondering if I could add her in my Household, would this still make her accountable like Joint Sponsor?

"You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members" AoS USICS Website

I'm guessing I need to be the home owner for that to apply.

Forgive me please for attempting to get your attention. Your tax return is of no interest to a Consular officer. You do NOT combine your tax return with your income. The tax return is part of last year's income, not current income. You don't seem to be getting the message that Manila seldom accepts cosponsors for K visas and there is no combining of income for K visas. Since you don't seem to want to listen to what you are told here, I suggest you take the I-134 instructions to an accountant or tax advisor and let them tell you where you stand. You don't seem to be getting the message that for a K1 visa through Manila, you need to show you can support your wife to be, ON YOUR OWN, or she won't be coming to the USA until you can.

You've quoted instructions from the I-864 and I-864a. These are not used in K visa cases until AFTER the visa is issued, you get married in the USA and adjust status. You need to focus on getting the visa first. That's going to require YOU to have sufficient INCOME.

[NaCl 2]

I dont understand why everyone feels he is applying for a K1 visa? Did he re-edit his information? It says he's applying for a CR1/IR1.

Myself I would advise that you carefully re-read information regarding AOS. You seem to not understand 100% what is actually required. This may solve some of your worries. Once you have done so please come back and ask any questions that you need clarification on.

I filed an I-864 myself with $0 US income from the past 3 years (my understanding is that you can not use foreign income unless it is continuing, after all if your income is from the Philippines how is this going to continue once you move to the US?). I currently have a job that makes over the minimum amount however. You just may be required to submit additional documentation this way that is not explicitly required.

Hope this helps!