Release of joint sponsor? And other ???s

[gmsalpha 0]

Hi all,

My situation is that I've been in China since Nov 2014 with my wife. I only made $805 in 2015, as my wife supports us both. My mom is very reluctant to be a joint sponsor because of the length of time she's on the hook, so to speak.

Initially, we planned to wait until this December before her interview and is going to the U.S because that'll have been more than two years of marriage, and we wanted to go straight for the IR-1. However, I wanted to ask if it's possible to apply for the CR-1 with my mom as the joint sponsor, and then when we apply for the extension, can she be released, so long as I'm earning more than 125% of the poverty level?

On a somewhat unrelated note, I am curious as to the domicile requirement. There is a house in both my name and my ex-wife's in Florida that is being rented to her sister. My wife does not want to live in Florida. I also have kept my Orlando credit union account.

In any case, I've thought about going back to the States earlier than my wife, moving to Seattle or L.A, where my wife DOES want to live, and finding a job that pays enough.

How many months would be required in that situation for me to clear the domicile requirement? I certainly don't want to be away from my wife longer than absolutely necessary.

Finally, I seem to occasionally read about six months of pay stubs to show financial ability to support us. But also 3 years of tax returns. If I used 2012, 2013, and 2014 taxes, I'd pass the test. But 2015 is a no-go. Is it possible to show a combination of these? 2012-2015 PLUS 6 months of current income?

My mom really doesn't feel comfortable co-signing, and I'd rather avoid pressing her.

Thanks so much for any and all help, guys!

[NikLR 13,232]

The faster your wife gets citizenship, 3 years as an LPR and married to you, the quicker her obligation ends. She ahould understand that the govt would only go after her if you are unable to pay. Don't use means tested benefits and she has nothing to worry about.

Also CURRENT income is the most important. If youre too low one year, it's not that big of a deal generally.

[NigeriaorBust 4,087]

A sponsor is released with the immigrant becomes a USC, leave the US and abandons their green card, gets 40 quarters of work credits or either party dies.

[Caryh 5,206]

You only need to show your preparations to move back, like a rental agreement or say a plan to move into your mother's home until you're settled. So as long as you have a co-sponsor to meet the requirements, you could actually return when she is entering the country. There is no early out for the co-sponsor because the primary sponsor is making enough now. Either come back early and establish an income that doesn't require a co-sponsor, or the co-sponsor has to accept being on the hook for as long as specified in the I-864.

[gmsalpha 0]

My wife doesn't want to become a US citizen. She already was denied a B2 visa, so the only way she can go to America is a green card. She really just wants to meet my parents, and I want to show her NYC, Disney World/Disneyland, Las Vegas, Hollywood, etc. My mom refuses to visit us in Hong Kong, even though we would pay for the entire trip.

So you're saying it doesn't really benefit me to go back to the U.S to establish domicile and start earning money? I mean, I will almost certainly still need a joint sponsor, I take it.

I agree that my mom has nothing to worry about, but she gets worked up about anything financial. I'll work, my wife owns three apartments here that we'll rent out, and she works online. But sometimes no amount of convincing or reasoning will suffice.

We've already submitted the I-130 and supporting documents and gotten a P3. So we're basically just waiting it out to avoid the CR-1.

[mallafri76 1,012]

You got some good answers to your questions. I'm just curious as to what you mean about filing for an extension after the interview?

[aaron2020 11,651]

I strongly disagree that your mother has nothing to worry about by being a Joint Sponsor. I would not do it. Many other long time members on here would not do it. It's not just a silly piece of paper.

Since your wife has 3 apartments in Hong Kong, have you considered using her assets to meet the I-864 requirements? Why drag your mother into your business when you and your wife can satisfy the I-864 obligations on your own?

Edited April 19, 2016 by aaron2020

[Penguin_ie 5,997]

Are you saying you guys don't really want to live in the USA, just be tourists? If so, your wife can give the greencard back when she leaves the USA, and re-apply for a tourist visa, and she will almost certainly get it, plus it means your mother's obligation would end.

As to the you moving first- I agree it is NOT needed for domicile, but it would be useful for the I=864 income requirement, if you do not want to/ cannot use the assets (many embassies are reluctant to count foreign assets, such as property in Hong Kong).

[NikLR 13,232]

Well it's a serious thing to sign but with someone you trust, it shouldn't be a worry.

[gmsalpha 0]

Thanks for all the replies.

Our plan is to live in the US for a few years, where I can work, have insurance, get a 401k started, and we can save money together. Eventually we will come back to live in China for good.

As for using her income and assets to help meet the requirements, I don't quite get the math in the equation...that I don't have in fromt of me. She estimates the value of the properties is about USD$200k. Her income is freelance so there is no "employer".

Can someone let me know what is the danger for my mom as a joint sponsor? We figure we get rental income, we'll both work, and worst-case, we can live in my mom's guest house if things get bad.

Is it possible for us to sign some kind of legal document that says we will move back to China and give up the green card if somehow we cannot support ourselves? For instance, assure my mom that we would rather leave the US than ask for her to make good on the affidavit? Would a court uphold that kind of signed and notarized agreement?

[Boiler 46,362]

You can sign what you want, has no bearing on the Affidavit of Support.

[gmsalpha 0]

As far as the extension, I meant that if we do this prior to being married two years, we get a conditional visa (CR-1), and within 90 days of it expiring, we'd need to submit again for the IR-1. Or at least we need to submit to allow her to stay longer.

So my original question is during this period where we need to submit again (after 2 years), can we request the joint sponsor be removed?

And yes, a legal document doesn't mean me or my mom wouldn't need to sign the affidavit. I know that still must be done. I just mean for my mom's peace of mind. Does anyone know if such a document would be enforceable?

[Boiler 46,362]

Your question has been answered several times, does not work that way.

[Caryh 5,206]

As far as the extension, I meant that if we do this prior to being married two years, we get a conditional visa (CR-1), and within 90 days of it expiring, we'd need to submit again for the IR-1. Or at least we need to submit to allow her to stay longer.

So my original question is during this period where we need to submit again (after 2 years), can we request the joint sponsor be removed?

And yes, a legal document doesn't mean me or my mom wouldn't need to sign the affidavit. I know that still must be done. I just mean for my mom's peace of mind. Does anyone know if such a document would be enforceable?

The entire process is written into law, so no. You'd need congress to pass a bill to change it just for you and the president would need to sign it. Now if you can manage to get that done, I'll vote for you for president.

[Ryan H 3,834]

IR-1 status and CR-1 status have no bearing on the obligations to those who sign an I-864.