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M J Woods

I-864 joint sponsor concerns

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Hi everyone,

My husband's visa interview for CR-1 was May 18 in Ankara. It went well, but they said they wanted a different joint sponsor. (I'm a graduate student so my income is minimal, but my dad's income is over $19k, whereas as far as I can tell 125% of poverty for two people--my dad and my husband--is $18,300something. Still, he was rejected.) My mom (they're divorced) is very opposed to sponsoring my husband, and I think it's because she reads the "you must support the immigrant at 125% of poverty" thing as "you must send this guy checks every month." I've been trying to convince her that this is NOT the case, and that the ONLY way a problem would arise is if my husband were to go on welfare/food stamps/other "means-tested benefits," in which case the agency in question could sue her to get that money back (but in my understanding, they would first try to get it back from me, since I'm the primary sponsor--and since I'm on fellowships and/or student loans for the next several years, in all likelihood I would be able to pay up before anything ever happened to her).

So my question is, has anyone here dealt with a potential joint sponsor who misunderstood the joint sponsor responsibilities/obligations in this way, and how have you been able to convince them that they're not going to be sending your spouse/relative checks every month? It would be AMAZINGLY, INCREDIBLY helpful if someone could ask their joint sponsor to contact my mom via email; this is I think the only thing that might be able to convince her to help me and my husband be together after 13 months of visa processing nightmare. :(

If you think your joint sponsor would be willing to write an email to my mom explaining the concerns they had and the reality of the situation now that they're a joint sponsor and no one has demanded they pay up, please contact me?


Married: March 16, 2010
Sent I-130: March 31, 2010
NOA1: April 21, 2010
Check cashed: April 22, 2010
Touched: April 23, 2010
NOA2: October 2, 2010
DONE with USCIS

NVC Received: October 27, 2010
Received DS-3032/I-864 bill: October 30, 2010
Paid I-864 bill: November 3, 2010
I-864 bill shows as PAID: November 5, 2010
Receive I-864 package: ????
Return completed I-864: ????
Return completed DS-3032 (email): November 4, 2010
Return completed DS-3032 (mail mail): November 24, 2010
Receive IV bill: ????
Pay IV bill: ????

ENTERED US: August 17, 2011

Removal of Conditions

Mail package to California Service Center: ????

Receive NOA: ????

Biometrics appointment: ????

Conditions removed: ????


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Filed: Other Country: China
Timeline

Hi everyone,

My husband's visa interview for CR-1 was May 18 in Ankara. It went well, but they said they wanted a different joint sponsor. (I'm a graduate student so my income is minimal, but my dad's income is over $19k, whereas as far as I can tell 125% of poverty for two people--my dad and my husband--is $18,300something. Still, he was rejected.) My mom (they're divorced) is very opposed to sponsoring my husband, and I think it's because she reads the "you must support the immigrant at 125% of poverty" thing as "you must send this guy checks every month." I've been trying to convince her that this is NOT the case, and that the ONLY way a problem would arise is if my husband were to go on welfare/food stamps/other "means-tested benefits," in which case the agency in question could sue her to get that money back (but in my understanding, they would first try to get it back from me, since I'm the primary sponsor--and since I'm on fellowships and/or student loans for the next several years, in all likelihood I would be able to pay up before anything ever happened to her).

So my question is, has anyone here dealt with a potential joint sponsor who misunderstood the joint sponsor responsibilities/obligations in this way, and how have you been able to convince them that they're not going to be sending your spouse/relative checks every month? It would be AMAZINGLY, INCREDIBLY helpful if someone could ask their joint sponsor to contact my mom via email; this is I think the only thing that might be able to convince her to help me and my husband be together after 13 months of visa processing nightmare. :(

If you think your joint sponsor would be willing to write an email to my mom explaining the concerns they had and the reality of the situation now that they're a joint sponsor and no one has demanded they pay up, please contact me?

It sounds as if you would like the best case scenario explained to and then presumed by your mother. Unfortunately for you, your mother has properly understood the potential financial obligations, or even perhaps underestimated them. Potentially, she could be obligated to do just as she suspects and for the rest of her life. Your best bet is for the petitioner to get their finances and life in order to deal with the practical aspects of marriage. Joint sponsor do serve a purpose, of course, and I'm not knocking their use, when appropriate. However, a wise joint sponsor is only willing to sign an I-864 when they are confident in the couple's ability and commitment to support themselves. Sounds like your mother lacks confidence in you and your spouse to do that. Therefor, the solution is to be self-sufficient.


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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It sounds as if you would like the best case scenario explained to and then presumed by your mother. Unfortunately for you, your mother has properly understood the potential financial obligations, or even perhaps underestimated them. Potentially, she could be obligated to do just as she suspects and for the rest of her life. Your best bet is for the petitioner to get their finances and life in order to deal with the practical aspects of marriage. Joint sponsor do serve a purpose, of course, and I'm not knocking their use, when appropriate. However, a wise joint sponsor is only willing to sign an I-864 when they are confident in the couple's ability and commitment to support themselves. Sounds like your mother lacks confidence in you and your spouse to do that. Therefor, the solution is to be self-sufficient.

Wow, I didn't come on here to be insulted.

Where do you get the idea that I'm NOT "self-sufficient"? NVC doesn't take into account personal circumstances, such as the fact that my rent is only $170 a month. My living expenses are very low, as will my husband's when he gets here. I don't live in NYC or LA where it costs a million dollars a month to live. I work part-time and I have fellowships and student loans that cover my tuition and cost of living. But these don't count as income for NVC. And my unusually low living expenses don't factor in, either.

If anyone has anything useful and not insulting to say, I'm all ears.


Married: March 16, 2010
Sent I-130: March 31, 2010
NOA1: April 21, 2010
Check cashed: April 22, 2010
Touched: April 23, 2010
NOA2: October 2, 2010
DONE with USCIS

NVC Received: October 27, 2010
Received DS-3032/I-864 bill: October 30, 2010
Paid I-864 bill: November 3, 2010
I-864 bill shows as PAID: November 5, 2010
Receive I-864 package: ????
Return completed I-864: ????
Return completed DS-3032 (email): November 4, 2010
Return completed DS-3032 (mail mail): November 24, 2010
Receive IV bill: ????
Pay IV bill: ????

ENTERED US: August 17, 2011

Removal of Conditions

Mail package to California Service Center: ????

Receive NOA: ????

Biometrics appointment: ????

Conditions removed: ????


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It sounds as if you would like the best case scenario explained to and then presumed by your mother. Unfortunately for you, your mother has properly understood the potential financial obligations, or even perhaps underestimated them.

that's exactly what it is. i personally don't think it would go well with the mother if a complete stranger basically emails her trying to explain to her that being a co-sponsor "really isn't a big deal". it might actually tick her off and make her that much more adamant on not being one.


NVC

4/14/2011: NVC RECEIVED-NO CASE NUMBER YET

4/19/2011: CASE NUMBER ASSIGNED

4/21/2011: AOS BILL PAID

5/04/2011: IV BILL GENERATED AND PAID

5/11/2011: AOS & IV PACKET SENT

5/13/2011: NVC RECEIVED

5/24/2011: RFE

5/25/2011: RFE SENT

6/02/2011: ADVANCED MEDICAL DAY 1

6/03/2011: ADVANCED MEDICAL DAY 2 PASSED

6/08/2011: SIF

6/09/2011: CC

7/15/2011: 2 YEAR WEDDING ANNIVERSARY

8/03/2011: INTERVIEW

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that's exactly what it is. i personally don't think it would go well with the mother if a complete stranger basically emails her trying to explain to her that being a co-sponsor "really isn't a big deal". it might actually tick her off and make her that much more adamant on not being one.

I talked with my mother about this and she said she would be willing to take the person's comments into consideration. It's not coming out of nowhere.

My main concern is: My mother seems to think she will have to shell out money for my husband until the end of time. As far as I am aware, the ONLY way she will have to pay money to anyone is if: A) the immigrant (my husband) sues her and wins; or B) my husband makes use of "means-tested benefits" and the agency that provided the benefits asks her to repay them.

If anyone has any knowledge of a case that has worked in any way OTHER than this, I'll eat my hat.


Married: March 16, 2010
Sent I-130: March 31, 2010
NOA1: April 21, 2010
Check cashed: April 22, 2010
Touched: April 23, 2010
NOA2: October 2, 2010
DONE with USCIS

NVC Received: October 27, 2010
Received DS-3032/I-864 bill: October 30, 2010
Paid I-864 bill: November 3, 2010
I-864 bill shows as PAID: November 5, 2010
Receive I-864 package: ????
Return completed I-864: ????
Return completed DS-3032 (email): November 4, 2010
Return completed DS-3032 (mail mail): November 24, 2010
Receive IV bill: ????
Pay IV bill: ????

ENTERED US: August 17, 2011

Removal of Conditions

Mail package to California Service Center: ????

Receive NOA: ????

Biometrics appointment: ????

Conditions removed: ????


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Filed: Other Country: China
Timeline

I talked with my mother about this and she said she would be willing to take the person's comments into consideration. It's not coming out of nowhere.

My main concern is: My mother seems to think she will have to shell out money for my husband until the end of time. As far as I am aware, the ONLY way she will have to pay money to anyone is if: A) the immigrant (my husband) sues her and wins; or B) my husband makes use of "means-tested benefits" and the agency that provided the benefits asks her to repay them.

If anyone has any knowledge of a case that has worked in any way OTHER than this, I'll eat my hat.

You're essentially right but there's no assurance neither of those things will happen. Just to clarify, one slightly different scenario but not technically different from what you've described is that the "suit" is the result of a divorce proceeding. A sponsor that hasn't yet been released from their obligation doesn't really know whether they are home free yet.


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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You're essentially right but there's no assurance neither of those things will happen. Just to clarify, one slightly different scenario but not technically different from what you've described is that the "suit" is the result of a divorce proceeding. A sponsor that hasn't yet been released from their obligation doesn't really know whether they are home free yet.

Thank you--so the idea is the same. The idea that someone is going to be standing over my mom's shoulder making sure my husband always has X amount of dollars in his bank account and forcing her to send him checks is simply NOT true. Right?

The stupid form says the joint sponsor is required to maintain the immigrant at 125% of poverty level, which is what I think is making her think she is going to have to be sending him money. But the ONLY way she will have to send him money is if he sues her or if he is a total bum and gets on welfare (even though it would be a lot more of a cushy lifestyle if he were to do that in Turkey rather than in the U.S.). Is there any place where this is spelled out clearly? Other than the form itself, which my mom is reading as "I must send this guy money"?


Married: March 16, 2010
Sent I-130: March 31, 2010
NOA1: April 21, 2010
Check cashed: April 22, 2010
Touched: April 23, 2010
NOA2: October 2, 2010
DONE with USCIS

NVC Received: October 27, 2010
Received DS-3032/I-864 bill: October 30, 2010
Paid I-864 bill: November 3, 2010
I-864 bill shows as PAID: November 5, 2010
Receive I-864 package: ????
Return completed I-864: ????
Return completed DS-3032 (email): November 4, 2010
Return completed DS-3032 (mail mail): November 24, 2010
Receive IV bill: ????
Pay IV bill: ????

ENTERED US: August 17, 2011

Removal of Conditions

Mail package to California Service Center: ????

Receive NOA: ????

Biometrics appointment: ????

Conditions removed: ????


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Filed: Other Country: China
Timeline

Wow, I didn't come on here to be insulted.

Where do you get the idea that I'm NOT "self-sufficient"? NVC doesn't take into account personal circumstances, such as the fact that my rent is only $170 a month. My living expenses are very low, as will my husband's when he gets here. I don't live in NYC or LA where it costs a million dollars a month to live. I work part-time and I have fellowships and student loans that cover my tuition and cost of living. But these don't count as income for NVC. And my unusually low living expenses don't factor in, either.

If anyone has anything useful and not insulting to say, I'm all ears.

Just trying to get your attention focused on something productive. In this context, "self-sufficient" is in they judgment of a Consular Officer who is trained and expected to consider the totality of circumstances of which they are aware. You don't get to cherry-pick which of the circumstances they consider. Did they know your rent was low? If so, would they have known how likely that was to remain so and for how long? What other factors that may have counted against you were they considering? Why is your income low? How long is it likely to remain low? What are the intending immigrant's employment prospects based on their past employment and education? Answer these questions only to yourself, if you like but realize the Consular officer was considering all this and perhaps more.


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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Merhaba - I just want to chime in because we also had to have my parents sign on as joint sponsors for my husband when we were going through our visa process from Turkey. Because we lived and worked in Turkey, our income did not meet the requirements. It was a huge thing to ask of my parents, as it does obligate them financially. While your mother seems to be misinterpreting what that means (ie sending payment every month), it's still a huge commitment and does not end once your husband moves here. Since you are a graduate student, I would caution you to think about how you are going to be able to support yourself and your husband. How likely is it that your husband will be able to work in the US? Do you have a financial plan for yourselves? Do you have savings? Can you go to graduate school part-time and work to bring up your level of income?

I think pushbrk is asking good questions for you to think about. It IS a big thing to ask someone to do so you really need to make sure you have all your ducks in a row.

:)


Our Timeline

DCF - I-130

4/10/08 - Married in Istanbul!

5/14/08 - Sent I-130 to Ankara via UPS

5/15/08 - Packet arrived in Ankara at US Embassy

6/2/08 - Received email from Embassy, our interview is schedule for 8/11/08

8/11/08 - Interview at US Embassy in Ankara, I-130 APPROVED!!!!!!

8/13/08 - Visa RECEIVED.....

11/7/08 - Flew from Istanbul to Denver (via JFK)

11/21/08 - SSN received in mail

12/18/08 - Green Card received!!!

I-751 (lifting conditions)

8/10/10 - Sent to California Processing Center

8/20/10 - Received AOS letter

8/26/10 - NOA received biometrics appointment notification

9/16/10 - Biometrics Appointment in San Francisco

10/7/10 - Approved!

Citizenship

1/24/12 - Date filed

5/30/12 - Oath Ceremony!!!!

Adios, USCIS!

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