AOS sponsor process? Help?

[LouisePaul 0]

Hello

I'm trying to get information on co sponsors and looking around via search and the forms is just making me more confused and on top of that I feel very frantic, although I realize I don't have to be I'm just overwhelmed.

This whole time I had AOS wrong, I thought that since my now husband (also immigrant) makes over the 125% he would be able to use his funds to be the sponsor because the paperwork says as long as the source will continue form the same place - today I found out that apparently it has to be US money it can't come from overseas. Well that really changes things since I don't have a job and his income won't count. Our only option now is to try and hurry up and get a co sponsor/sponsor to help us. I have someone in mind who MIGHT be able to do it but I am no sure. I realize that it doesn't entail actually paying money it's to show that the immigrant won't be a drain on the government. That I understand. Since I thought we weren't going to do this I never looked into this option and since it seems like our only option I'm franticly trying to figure out how to use/get/have a co-sponsor/sponsor.

Can someone please explain it to me? ie: which forms do they need to fill out and what do they need to show to prove they can do it? When everyone says it won't actually cost them money, when would it cost them money? Is there an example?

I realize all this information is out there but I'm too all over the place to find it atm. I will continue looking but help will be so greatly appreciated.

Thank you

Louise

[Villanelle 4,121]

Its pretty simple.

You as the wife will still fill out the 864. You fill it out whether or not you qualify. (For your situation I would recommend sending in your 864 with your husbands income on it from the foreign source if hes not going to incorporate his company into the US, they may count it. If they dont, they will RFE you and say your income is too low, please submit further proof of income or assets blah blah blah- you would reply to the RFE with your co-sponsors 864)

For a co-sponsor-

Basically the co-sponsor has the same responsibilities you do. While the 864 is active if your husband uses means tested benefits, the gov has the right to collect the money back from the co-sponsor. Means tested benefits includes things like food stamps, medicaid, cash welfare benefits. The 864 is in effect until the immigrant earns 40 quarters of credit with the SSA (about 10 yrs of full time work) becomes a citizen, or either the immigrant or the person who sponsored them dies. LPRs in most states can get means tested benefits for the first 5 years they are LPRs and LPRs can become citizens after 3 years of marriage to their spouse.

For a co-sponsor to determine if they make enough to sponsor an immigrant they have to determine their correct household size. They have to count themselves, their spouse and anyone listed on their tax return as a dependent + the immigrant.

So:

unmarried cosponsor+immigrant=2

Co-sponsor+spouse+immigrant=3

Co-sponsor+spouse+child+immigrant=4

Co-sponsor+spouse+child+2ndchild+immigrant=5

you do not count yourself as the immigrants wife anywhere in the equation.

[Villanelle 4,121]

Additionally- for the specific forms for the co-sponsor,

if the co-sponsor is Dad and Mom. If Dad makes enough to be the co-sponsor then Dad will fill out the 864. Mom doesnt fill out anything. If Dad does not make enough, then Dad fills out the 864 and Mom fills out the 864a.

[Nich-Nick 3,353]

Can somebody point me to where it says the income has to be earned in the US? I 've never seen that anywhere.

[Villanelle 4,121]

^its not that they dont count it. Its that they may not count it. Your income can come from different sources. US sources are considered stable sources. Foreign sources are not. When determining your ability to sustain your income they'll look at the source.

If you read the OPs other thread youll see her husband/fiance has a company based overseas they are or were considering potentially incorporating into the US. She has no income/low income due to a job change. His business has enough income to meet the qualifications.

Its my opinion that if she fills out the 864 with the business located in the UK and his income being foreign, it may not be counted. Reason being- its a foreign source, its unstable. Hes in the US, his business is located in the UK. (its a virtual business so he has some leeway to say he can run it from here) but they have the discretion to deny it and not count it. If thats all they have- seek a co-sponsor.

OR- attempt to transfer the business to a US based company effective the date he steps foot in the US on the K1. The business is now a US business and his earnings are now US earnings. They will be counted- no question about it. He will be working w/o auth but its forgiven when he adjusts. Harpa brought up the issue about someone being RFEd for proof they were working with auth though- so that kind of made this scenario a bit questionable...

Since you Nick are most educated on the 864 I look forward to your thoughts and insight on the situation...

[KayDeeCee 4,892]

Can somebody point me to where it says the income has to be earned in the US? I 've never seen that anywhere.

I have not either and would like to know as well. The I-864 instructions do not state that. It only states that the intending immigrant needs to provide proof that the source of the income will remain the same.

"If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

It is not US-based employment, so if he works for a foreign company and is paid to his foreign account, then he won't need work authorization for it. He will need to file taxes on it of course though. See this thread: http://www.visajourney.com/forums/topic/408344-working-for-a-british-company-while-living-in-the-states/

I say file your I-864 listing your husband's income. Provide proof of the source and that it will continue when he becomes a permanent resident. Make it clear he is working remotely for a foreign company so no EAD is needed for it. Look for a joint sponsor in the meantime, just in case you get an RFE and they won't accept his foreign income alone.

If the immigrant should get federal means tested public benefits(http://travel.state.gov/visa/immigrants/info/info_3183.html#4), the I-864 allows the government to go after the sponsor to pay it back. They go after the primary sponsor first. If the primary sponsor is unable to pay it back, then the government could go after the joint sponsor for repayment.

[Nich-Nick 3,353]

If you read the OPs other thread youll see her husband/fiance has a company based overseas they are or were considering potentially incorporating into the US. She has no income/low income due to a job change. His business has enough income to meet the qualifications.

The source of her husband's income is not because he needs to form a company immediately in the US. He receives money without doing anything. It's like royalty payments that keep flowing in because people continue to buy his apps from the AppStore for their iPhones, as well as from wherever Android devices download their Apps. It may not be called royalties, but it's like Elvis and Michael Jackson still making money from previous endeavors.

Since you Nick are most educated on the 864 I look forward to your thoughts and insight on the situation...

My thoughts are show his stream of income from Apple and Android over the past year, or even two to establish the amount. Quantify the existing apps by naming them and their price and his income from each download, as well as the number of downloads to date. And establish how that money will follow him to the US. Even if it's deposited in his current UK account, show transfer receipts from xe.com (or specifically state how he will transfer that money to his US bank account.) Good documentation ought to meet the requirements.

(4)

Use of Intending Immigrant’s Income

. If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (b) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

- today I found out that apparently it has to be US money it can't come from overseas.

I disagree with that. It does not say it can't come from overseas. It just has to be from a lawful source.

Edited February 6, 2013 by Nich-Nick

[Villanelle 4,121]

^If I remember correctly I think the business is only 1 year old.

Louise- Your best option is to do a combination of Kay and Aarons advice- as Kay suggests- "file your I-864 listing your husband's income. Provide proof of the source and that it will continue when he becomes a permanent resident. Make it clear he is working remotely for a foreign company so no EAD is needed for it. Look for a joint sponsor in the meantime, just in case you get an RFE and they won't accept his foreign income alone."

Write your employment letter as Aaron presented it- showing the income more as 'royalties' then daily work he has to perform remotely from the US. Because it will seem more stable then hes attempting to operate a company there from here and will be more likely to be approved. (also include that he is easily able to develop new apps from the US and earn new royalties and does so every day- maybe include examples of his work- if its not copyrighted or I dont know, you know what Im saying, proof that hes doing something or has something pending)

Have a co-sponsor just in case.

Worst case scenario- your husband comes on the K1- he doesnt leave the US (its a one time entry visa- if he does he can not get back in with out AP. You can not get AP with out applying for it with your AOS. If he leaves you have to file for a spousal visa with an 864 again, so he cant leave, unless you want to go through the waiting and filing again. He'll just be an out of status k1 until you do file for AOS. He could be one for years if you need to. I wouldnt recommend it and you shouldnt need that long to meet the requirements of the 864, but its not a big deal if it plays out that way. (there are things that can happen that arent pleasant if your out of status- like if you hang around the borders you can get picked up and forced to file AOS as you are out of status but for most people its not something to be concerned about) His out of status days will be forgiven when he gets his GC.

[LouisePaul 0]

The source of her husband's income is not because he needs to form a company immediately in the US. He receives money without doing anything. It's like royalty payments that keep flowing in because people continue to buy his apps from the AppStore for their iPhones, as well as from wherever Android devices download their Apps. It may not be called royalties, but it's like Elvis and Michael Jackson still making money from previous endeavors.

My thoughts are show his stream of income from Apple and Android over the past year, or even two to establish the amount. Quantify the existing apps by naming them and their price and his income from each download, as well as the number of downloads to date. And establish how that money will follow him to the US. Even if it's deposited in his current UK account, show transfer receipts from xe.com (or specifically state how he will transfer that money to his US bank account.) Good documentation ought to meet the requirements.

(4)

Use of Intending Immigrant’s Income

. If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or (b) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

I disagree with that. It does not say it can't come from overseas. It just has to be from a lawful source.

Thank you so much for your input! We will do all that. I'm thrilled with the clarification because we were always under the impression we could use his money. We will still try and get a co sponsor but fingers crossed for this! Thank you so much!

[LouisePaul 0]

^If I remember correctly I think the business is only 1 year old.

Louise- Your best option is to do a combination of Kay and Aarons advice- as Kay suggests- "file your I-864 listing your husband's income. Provide proof of the source and that it will continue when he becomes a permanent resident. Make it clear he is working remotely for a foreign company so no EAD is needed for it. Look for a joint sponsor in the meantime, just in case you get an RFE and they won't accept his foreign income alone."

Write your employment letter as Aaron presented it- showing the income more as 'royalties' then daily work he has to perform remotely from the US. Because it will seem more stable then hes attempting to operate a company there from here and will be more likely to be approved. (also include that he is easily able to develop new apps from the US and earn new royalties and does so every day- maybe include examples of his work- if its not copyrighted or I dont know, you know what Im saying, proof that hes doing something or has something pending)

Have a co-sponsor just in case.

Worst case scenario- your husband comes on the K1- he doesnt leave the US (its a one time entry visa- if he does he can not get back in with out AP. You can not get AP with out applying for it with your AOS. If he leaves you have to file for a spousal visa with an 864 again, so he cant leave, unless you want to go through the waiting and filing again. He'll just be an out of status k1 until you do file for AOS. He could be one for years if you need to. I wouldnt recommend it and you shouldnt need that long to meet the requirements of the 864, but its not a big deal if it plays out that way. (there are things that can happen that arent pleasant if your out of status- like if you hang around the borders you can get picked up and forced to file AOS as you are out of status but for most people its not something to be concerned about) His out of status days will be forgiven when he gets his GC.

The business was started in 2011

Thank you for your input I will do those things so fingers crossed lol