Why was our joint sponsor rejected?

[M J Woods 1]

I'm trying to figure out why my husband's joint sponsor was rejected by the consular officer at Ankara when his income for 2010 and his current income (he's still working at the same job) exceed 125% of poverty for himself and my husband (he doesn't have anyone else in his household). I'd appreciate any help or insight.

My dad's income in fiscal year 2010 was $19,504.

According to form I-864P on the USCIS website, 125% of poverty for 2 people for 2011 is $18,387.

So my dad's income is more than $1000 greater than the stated minimum, yet we were still rejected.

The only thing I can think of is that a) it might have been too close to the line; b) his income for 2009 and 2008 were too low (he was at a different job in 2008, and he didn't work for part of 2009 because he was helping to take care of his then-fiancee's dying mother).

The figures for 2009 and 2008 are $11,005 and $16,924 respectively.

No one else is willing to be our joint sponsor and I don't know what to do. Is it possible that the embassy will reconsider our case? Will it help if we can show assets in addition to my dad's income? I'm going to be getting half of a $15,000 fellowship in the fall; will it help to send in a bank statement showing that money, or do we just not have any chance at all?

Please advise!

[Ravens 8]

Problem is you are calculating the wrong number.

With a co-sponsor your number is 3 instead of 2 (Co-Sponsor, Sponsor, Beneficiary). You would need 125% income above poverty guidlines for 3 people Which is $23,162.

At this point you will need assests and money in the bank to help get above the 125% poverty line of 3 people.

Edited May 22, 2011 by Ravens

[aleful 1,905]

I'm trying to figure out why my husband's joint sponsor was rejected by the consular officer at Ankara when his income for 2010 and his current income (he's still working at the same job) exceed 125% of poverty for himself and my husband (he doesn't have anyone else in his household). I'd appreciate any help or insight.

My dad's income in fiscal year 2010 was $19,504.

According to form I-864P on the USCIS website, 125% of poverty for 2 people for 2011 is $18,387.

So my dad's income is more than $1000 greater than the stated minimum, yet we were still rejected.

The only thing I can think of is that a) it might have been too close to the line; b) his income for 2009 and 2008 were too low (he was at a different job in 2008, and he didn't work for part of 2009 because he was helping to take care of his then-fiancee's dying mother).

The figures for 2009 and 2008 are $11,005 and $16,924 respectively.

No one else is willing to be our joint sponsor and I don't know what to do. Is it possible that the embassy will reconsider our case? Will it help if we can show assets in addition to my dad's income? I'm going to be getting half of a $15,000 fellowship in the fall; will it help to send in a bank statement showing that money, or do we just not have any chance at all?

Please advise!

usually the sponsor isn't included, it's only the joint sponsor and the beneficiary, but are you your dad's dependent as a student? are you in his taxes? do you live with him?

or it could be that it is close to the poverty guidelines in 2009 and then the other years he didn't meet the poverty guidelines.

[M J Woods 1]

Problem is you are calculating the wrong number.

With a co-sponsor your number is 3 instead of 2 (Co-Sponsor, Sponsor, Beneficiary). You would need 125% income above poverty guidlines for 3 people Which is $23,162.

At this point you will need assests and money in the bank to help get above the 125% poverty line of 3 people.

On the I-864, on the section where it asks you to calculate household size, it lists:

a) person you are sponsoring;

b) yourself;

c) spouse if married;

d) dependent children;

e) any other dependents;

f) anyone you've sponsored previously;

g) anyone else in the household who is filling out an I-864A.

We only had one person each for the first two categories. So how could it require us to have assets/income for three?

[EAbbas 213]

usually the sponsor isn't included, it's only the joint sponsor and the beneficiary, but are you your dad's dependent as a student? are you in his taxes? do you live with him?

or it could be that it is close to the poverty guidelines in 2009 and then the other years he didn't meet the poverty guidelines.

That's very true....if your supporting yourself but don't make enough then he co sponsors including just him. But if you aren't supporting yourself and he's claiming you as a dependent then it would be 3 for the poverty guideline

[M J Woods 1]

usually the sponsor isn't included, it's only the joint sponsor and the beneficiary, but are you your dad's dependent as a student? are you in his taxes? do you live with him?

or it could be that it is close to the poverty guidelines in 2009 and then the other years he didn't meet the poverty guidelines.

I'm not anyone's dependent... but is there anything we can do at this point? My dad is the ONLY one in my whole family who's willing to help us out. And his income is, according to USCIS's own guidelines, more than enough! Has anyone else had this happen???

[LIFE'SJOURNEY 970]

You are correct, they looked at the last 3 years, and only the 2010 showed above the poverty level. If the 2009, and 2010 were above the poverty level, you probably would not have had an issue.

[pushbrk 12,084]

Problem is you are calculating the wrong number.

With a co-sponsor your number is 3 instead of 2 (Co-Sponsor, Sponsor, Beneficiary). You would need 125% income above poverty guidlines for 3 people Which is $23,162.

At this point you will need assests and money in the bank to help get above the 125% poverty line of 3 people.

This is wrong. The petitioner (you referred to "sponsor" above) does not count in the joint sponsor's household size unless they are a dependent of the joint sponsor. I expect the reason for rejection is that the Consular officer made a judgment call that the beneficiary was likely to become a public charge because neither sponsor was financially able to assure otherwise. Meeting the minimum requirements is no assurance of anything. It's a judgment call.

[Ravens 8]

If your co sponsor filled out form I-864 there is also a problem. Co Sponsors file form I-864A

However. From what ohers mentioned. Since the sponsor did not turn in any income at all they would be considered a Dependant.

With no income they are living off of someone in the eyes of NVC.

Sponsor and Beneficiary will be considered Dependants.

My wife was considered a dependant when I filed.

Now you did not mention the sponsor sending in an I-864.

So this could also be another reason for being declined.

Sponsor even if having no income needs to send in an I-864

Co Sponsor needs to send in I-864A

I do not know what you have sent in but from reading I only see your co-sponsor sending in I-864

I do believe you have to meet requirments for 3 people. Others here believe 2. You want to call NVC and find out. You will get your answer.

If it is only for two then you possibly did not send in the right paperwork.

Sponsor I-864 (even if $0 income)

Co Sponsor I-864A

Most recent years income is only one that matters. It does not matter if previous years was under guidlines. You need most recent tax year to be above.

I only sent in most recent and was aproved.

Edited May 22, 2011 by Ravens

[M J Woods 1]

If your co sponsor filled out form I-864 there is also a problem. Co Sponsors file form I-864A

However. From what ohers mentioned. Since the sponsor did not turn in any income at all they would be considered a Dependant.

With no income they are living off of someone in the eyes of NVC.

Sponsor and Beneficiary will be considered Dependants.

My wife was considered a dependant when I filed.

Now you did not mention the sponsor sending in an I-864.

So this could also be another reason for being declined.

Sponsor even if having no income needs to send in an I-864

Co Sponsor needs to send in I-864A

I do not know what you have sent in but from reading I only see your co-sponsor sending in I-864

I do believe you have to meet requirments for 3 people. Others here believe 2. You want to call NVC and find out. You will get your answer.

If it is only for two then you possibly did not send in the right paperwork.

Sponsor I-864 (even if $0 income)

Co Sponsor I-864A

Most recent years income is only one that matters. It does not matter if previous years was under guidlines. You need most recent tax year to be above.

I only sent in most recent and was aproved.

This doesn't sound at all like what I've read everywhere else. My income has been above 0 but not at 125% of poverty (I work part-time). My joint sponsor and I both filled out I-864. No one filled out I-864A because my dad and I don't live in the same household.

[pushbrk 12,084]

If your co sponsor filled out form I-864 there is also a problem. Co Sponsors file form I-864A

However. From what ohers mentioned. Since the sponsor did not turn in any income at all they would be considered a Dependant.

With no income they are living off of someone in the eyes of NVC.

Sponsor and Beneficiary will be considered Dependants.

My wife was considered a dependant when I filed.

Now you did not mention the sponsor sending in an I-864.

So this could also be another reason for being declined.

Sponsor even if having no income needs to send in an I-864

Co Sponsor needs to send in I-864A

I do not know what you have sent in but from reading I only see your co-sponsor sending in I-864

I do believe you have to meet requirments for 3 people. Others here believe 2. You want to call NVC and find out. You will get your answer.

If it is only for two then you possibly did not send in the right paperwork.

Sponsor I-864 (even if $0 income)

Co Sponsor I-864A

Most recent years income is only one that matters. It does not matter if previous years was under guidlines. You need most recent tax year to be above.

I only sent in most recent and was aproved.

Please stop posting misinformation. Whether a joint sponsor files an I-864a or I-864 depends on the circumstances but if head of household, like "Dad" in this case, it's the I-864 and it's "joint sponsor" not "co sponsor". What matters is whatever the Consular Officer decides matters, and you better believe they care ab out past income. Current income is USUALLY the most important, in that if it isn't enough, it isn't enough. The OP has described a set of circumstances when evaluated in totality, spells "PUBLIC CHARGE" in big capital letters. I suggest you refrain from posting about things you don't understand. At the moment, I assure you "sponsorship" is still on the list of things you don't understand, not even close.

[pushbrk 12,084]

This doesn't sound at all like what I've read everywhere else. My income has been above 0 but not at 125% of poverty (I work part-time). My joint sponsor and I both filled out I-864. No one filled out I-864A because my dad and I don't live in the same household.

You are right and ravens is wrong. You would be wise to completely disregard the posts by ravens in this thread. They are simply wrong.

[Ravens 8]

I did check into somethings.

OK I was wrong on 3 people.

Co Sponsor only needs to count themselves and Beneficiary. Only other people they would count is those they claimed as dependants on income taxes.

However Co Sponsor income can only be counted if living in the same household as you.

[pushbrk 12,084]

I did check into somethings.

OK I was wrong on 3 people.

Co Sponsor only needs to count themselves and Beneficiary. Only other people they would count is those they claimed as dependants on income taxes.

However Co Sponsor income can only be counted if living in the same household as you.

Please stop giving advice on this subject. A joint sponsor's income can be counted whether they live in the same household or not but cannot be "combined" with the sponsor's income unless part of the same household. Please stop. You don't know what you're talking about. It's NOT HELPING.

[no more 16]

Please stop giving advice on this subject. A joint sponsor's income can be counted whether they live in the same household or not but cannot be "combined" with the sponsor's income unless part of the same household. Please stop. You don't know what you're talking about. It's NOT HELPING.

So pushbrk...This thread has me confused..If the petitioner and the co sponsor live in the same household they can combine their incomes? If they live separate then the Co sponsor has to make enough for all people involved, Petitioner, beneficiary and co sponsor (self)? so 3 people?

THanks for clearing this up!