Falling out with sponsor - consequences?

[sunshineforever 0]

My husband and I are in the process of adjusting my status - biometrics next week!

We are concerned about whether or not a co-sponsor can withdraw their support in a manner that could affect our case. Is there anything at all this person could do to affect our case?

Thanks!

[Merrytooth 5,748]

Co-sponsor can withdraw his/her I-864a.

If your main sponsor (USC spouse) does not meet 125% poverty guidelines, you either get a RFE for that (find another co-sponsor) or AOS denied (worst case).

[sunshineforever 0]

Co-sponsor can withdraw his/her I-864a.

If your main sponsor (USC spouse) does not meet 125% poverty guidelines, you either get a RFE for that (find another co-sponsor) or AOS denied (worst case).

What if the applicant (after receiving their EAD) is making enough money, does that change things?

[Cheezees 1,514]

What if the applicant (after receiving their EAD) is making enough money, does that change things?

No, this income is considered too recent to count toward the 125%. Another co-sponsor would be needed. Good luck!

[newacct 688]

No, this income is considered too recent to count toward the 125%. Another co-sponsor would be needed. Good luck!

Why would it be "too recent". What matters is the "current income" (income on the day that the affidavit is signed).

[Cheezees 1,514]

Why would it be "too recent". What matters is the "current income" (income on the day that the affidavit is signed).

At the time of the application, the immigrant, sponsor, and/or co-sponsor have to be earning beyond the 125%. You cannot use future earnings (earnings without several pay stubs or job offer letters with a stated salary) toward the 125%. Even with the EAD, which I am assuming was applied for with the AOS, this income is not considered long-standing. From my conversations with an immigration officer, you cannot alter the sponsorship mid-application because the immigrant or spouse has just started a higher paying job.

When I applied I needed a co-sponsor even though my salary on its own was past the 125%. I was moving and switching jobs just as I was doing my AOS. Both salaries were beyond the 125% yet I could use neither of them (and my husband's student stipend was not enough on its own).