Do I need Financial Sponsor?

[mrskent 11]

Hey guys!

I'm just getting my documents together for NVC after getting my I-130 approved (YAY!)

I had my husband (USC)'s parents sign the financial sponsor papers and both provide me with their 3 years of tax records from the IRS

We did the same with my husband, but my husband is currently unemployed as he stays here in Canada with me (long story short, he was going to immigrate to Canada, but I unexpectedly lost my mother, so I have no reason to stay here anymore).

If he fills out the AOS, he doesn't have a job or assets to support me, but I personally have nearly 6 years of funds over the 125% over the Federal Poverty Line to support myself in my US bank account.

So how should I proceed? should I still submit the parents and him in the application and maybe mention in the cover letter that I have the means to support myself in the States?

Thanks!

[Merrytooth 5,748]

Page 9 of the I-864 instructions:

"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

https://www.uscis.go...form/i-864p.pdf

You need 3 times 125% of the poverty line (2 person household), so about 60K.

You could use your US account money for I-864 or if you want to be on the safe side, use his parents as co-sponsor.

[aaron2020 11,651]

Page 9 of the I-864 instructions:

"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

https://www.uscis.go...form/i-864p.pdf

You need 3 times 125% of the poverty line (2 person household), so about 60K.

You could use your US account money for I-864 or if you want to be on the safe side, use his parents as co-sponsor.

The petitioner has no assets. It's the petitioner's parents who are sponsoring. It's 5x assets for them since they are not sponsoring a spouse.

[Merrytooth 5,748]

http://www.visajourney.com/forums/topic/397103-i-864-with-only-immigrant-assets/

If the immigrant's asset is shared with her USC spouse (petitioner), it should be ok.

[mrskent 11]

The petitioner has no assets. It's the petitioner's parents who are sponsoring. It's 5x assets for them since they are not sponsoring a spouse.

Exactly, I have a US bank account that isn't joint and my Canadian account IS joint with my husband - so we do have more than enough, but I wanted a backup just in case this isn't clear enough and poses an issue during my application.

So I had his parents fill out the sponsorship papers, just in case - do they still need to make the 125% over HHS with a household count of 4 then (2 parents, my husband and I)?

[NikLR 13,232]

No his parents household count would be 3 if they have no other dependents. Unless they are claiming your husband on their taxes, he is not claimed.

Can you add your husband to your bank account to make the assets joint?

You should be fine without a joint sponsor but take the the paperwork to interview "just in case"

Be aware that the nvc will likely send you a checklist saying to get a joint sponsor even if you qualify on assets. They do this with all asset only sponsorships.

[mrskent 11]

No his parents household count would be 3 if they have no other dependents. Unless they are claiming your husband on their taxes, he is not claimed.

Can you add your husband to your bank account to make the assets joint?

You should be fine without a joint sponsor but take the the paperwork to interview "just in case"

Be aware that the nvc will likely send you a checklist saying to get a joint sponsor even if you qualify on assets. They do this with all asset only sponsorships.

Already in the works to have my husband on my US account.

And yeah, figured what's the worst in filling MORE paperwork with his parent's sponsorship.

I'd rather be safe than sorry in any event.

[mrskent 11]

Oh I forgot to ask in my original inquiry.

Do his parents need to provide proof of their US citizenship? Like photocopies of a passport or birth certificate?

[NikLR 13,232]

Yes.

[Ryan H 3,828]

Moved from Progress Reports to Process & Procedures.