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Need Help Fulfilling I-864 Requirements

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I am a U.S. citizen petitioning for my wife and two children from the Philippines. Their I-130's were just approved last week. Having a household size of 4, that puts my poverty requirement at $30,312. Due to an almost $7k dip in income over the last two years, my income right now is at $18,525. I need help trying to fulfill my income requirements.

My wife and I met in the United States while she was on an internship. My wife made over $20,000 last years; the two of us together would have fulfilled the requirement. The problem is that the agency that brought her over to the United States had her post a bond to come here and in her contract it stated that she was unable to change her visa status. So she had to go home while we fill out her immigration paperwork. So she no longer has that job and she won't be able to get it back when she comes here. So we can't use that as income. She could easily find a job when she gets back, but I'm sure we couldn't use that as income. The only assets I have besides that are one car and about 17k in savings. I have no other household members to contribute.

I am guessing my only other option is to have a joint sponsor. I guess my options would be my grandparents, father, or aunts/uncles. Would they have to meet the 30k poverty requirement or a portion of it. In the case of my grandparents, would they be able to include assets or only income. Because of their age, they are retired and don't have jobs; however, they have over a million dollars in real estate. Any help would be much appreciated!!

Also, my wife is pregnant and our third child is expected to be born in two months. Will we need to change the household size later to 5?

Thank you very much for the help!!!

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hi

they don't have to be family members, they can be any USC or LPR that qualifies

also, since the petitions are separate, you can have more than one joint sponsor, if you cannot find a joint sponsor to cover the 3 of them

or it can be one joint sponsor and their household member, so there are several options

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Answers:

  • You cannot use the one car as an asset.
  • Your own assets would need to be greater than or equal to 3x the deficit in order to meet the applicable threshold (in your case, 17k in savings is insufficient).
  • Grandparents household size would be 5 (them, your wife, two kids), in order for them to qualify as a joint sponsor, they would have to meet the threshold for that household size (unless the responsibility is split among other people as aleful pointed out).
  • Grantparents can use assets except for primary home and primary car. To use real estate as an asset, an official appraisal by a professional appraiser would need to be conducted and submitted with the I-864.
  • When the baby is born, your household size will increase to 5.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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She could easily find a job when she gets back, but I'm sure we couldn't use that as income.

The only assets I have besides that are one car and about 17k in savings. I have no other household members to contribute.

I am guessing my only other option is to have a joint sponsor. I guess my options would be my grandparents, father, or aunts/uncles. Would they have to meet the 30k poverty requirement or a portion of it. In the case of my grandparents, would they be able to include assets or only income. Because of their age, they are retired and don't have jobs; however, they have over a million dollars in real estate. Any help would be much appreciated!!

Also, my wife is pregnant and our third child is expected to be born in two months. Will we need to change the household size later to 5?

Thank you very much for the help!!!

Unfortunately, US immigrations don't take into consideration your wife's ability to find a job once she moves to the US. I even have a job offer on paper with a start date and a very good salary and they don't care, we still have to use a joint sponsor or assets. So retarded!

Since your family will be immigrating after your third child is born, I would count your family as four people straight away plus you. So if you use a joint sponsor, add four people to their household size. In regards to assets, not all US embassies allow them so I would check in the regional forum for specifics on the embassy your family will be going to for the interview. Although over a million dollars in real estate sounds like pretty good assets. :) The assets need to be five times the poverty line when it's not yours and it needs to be made available into cash within 12 months, if needed.

Edited by mallafri76

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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