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JustMarriedUK

Our Co-Sponsor just quit his job. Options?

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I entered the USA on a k1 visa 1 month ago and we have just receied our marriage license. We want to submit our I-864 and i-485 etc however my wife's father (who was going to be our co sponsor for our i-864) left his job a few weeks ago so is currently on unemployment. His household size is 3 (We are not currently living with him)

I obviously am unemployed and will be applying for my work permit when we apply for our adjustment of status. My wife is a student who is going to be looking for a part time waitressing job this week which we are not expecting to take too long at all.

What are our options here? Do we wait until my wife has found a job and use a less well paid co-sponsor from the family to make it up to beyond the poverty line? Can we just submit her father's income from last year? (We actually have eveything signed and ready to go but obviously his employment ended before we submitted anything). Could we use her father's benefits to contribute torwards the poverty line requirement?

My familly in the England has a household income that is way in excess of the requirements but I am 99% that I cannot use them as sponsors as they are not American citizens.

Any other potential options would be appreciated. We have savings to support us financially so do not really need to worry about that at this moment in time.

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While submitting the father-in-law's I-864 might have a chance of working, it is clearly fraudulent. You know he no longer qualifies and yet would claim that he is?? Bad idea. Don't mess around trying to deceive immigration.

If the father has five times the poverty level required in assets, he could qualify.

Nobody can combine incomes with your wife unless they live in the same house with you. She would have to earn enough at a job or the possible other relative would have to earn enough.

If there was husband and wife relatives who live together in the same house, they can combine incomes. Example--

Mr. Relative $15,000 (not enough to sponsor)

Mrs. Relative $15,000 (not enough to sponsor)

BUT Mr. And Mrs. Are related in live in the same house. They can combine to have $30,000 household income.

Mrs. would have to do an I-864A.

Sponsor must be in U.S. Foreign parents can't sponsor.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I go with the obvious, find a new JS.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I guess we'll start looking for a new sponsor then.

We'll simultaniously be looking for jobs also as a backup.

I have 2 final questions, do student loans and grants count towards your income on the I-864?I'm guessing not but I thought I'd check.

Also do you have to file the Affadavit (I-864) at the same time as the rest of the application or can we get the ball rolling on the Adjustment of Status and applying for a work permit while we find a new sponsor.

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I guess we'll start looking for a new sponsor then.

We'll simultaniously be looking for jobs also as a backup.

I have 2 final questions, do student loans and grants count towards your income on the I-864?I'm guessing not but I thought I'd check.

Also do you have to file the Affadavit (I-864) at the same time as the rest of the application or can we get the ball rolling on the Adjustment of Status and applying for a work permit while we find a new sponsor.

A student loan is not income or an asset. A loan is a liability. This is money she is borrowing.

A grant is not income. A grant is a gift. Generally, student grants are for a limited time. A grant is not a reliable source of income.

The I-864 must be submitted with your initial submission (see the I-485 instructions which list all the forms and evidence in your initial submission). If you send in the I-485 without the I-864, your ball will not roll at all because it will either be rejected and sent back to your or you will get an RFE and your case will be put on hold until you send in the required documents.

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