Sponsor Guidelines and Forms

[Jasontnyc 9]

Hello,

I had thought we were home free as we made it to the interview stage with no issues whatsoever. The interview went ahead and although no questions were really asked, they just said that "Intent for Domicile" is not an option under any circumstances and we need a sponsor. I had a lot of paperwork to this effect included my signed US contract which well over the poverty line (I live abroad with my wife - getting moved back to the US for work).

So we got my parents to sponsor (The beneficiary's in-laws) and although retired, I believed they met the criteria without having to include assets.

The embassy ruled it wasn't enough - The reason was that once they applied their tax credits, they were under the threshold. Being retired they are entitled to a lot of tax credits (credits, not deductions) so it skews things on paper.

We are considering our next steps but have a few questions. My wife will be asking the embassy but it may be some time and it would nice to be prepared before.

1.) What number should they actually be using for assessment? I thought it was Gross but could they be correct that it is Gross - Tax Credits?

2.) The beneficiary mother in law (my mother) has new retirement income that started Jan 1st - Can this be included even though it wouldn't be on a tax return until April?

3.) They have cash assets (We were told stock holdings and property don't count)but they fall just under the 3X threshold. Can a combination of income and assets be considered? The embassy was unsure and thought it may be one or the other.

4.) The embassy said we also need an I864-A - Can anyone advise on the actual forms that should be completed when it is the in-laws of the beneficiary?

Thanks!!!!!

Edited January 4, 2013 by Jasontnyc

[canadian_wife 1,785]

I am sorry, but taking taxes into account when doing the AoS isn't uncommon, especially when the petitioner is living abroad. our consulate is particulary difficult about this.

I am pretty sure you can you a combination of assets and income for the I864 but I hope someone chimes in and verifies.

good luck