Need Help regarding I-864 and I-864A or Affidavit of Support (merged)

[NeedHelp123 1]

Hello,

I need help urgently, my case has approved by USCIS and forwarded to NVC, my wife has one daughter from her ex husband/previous marriage(her ex husband had died) and after that she is taking "Government Support/Government funds" to support her daughter. As written on NVC website that "if the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits".

My wife is college student and she is not doing Job. What should we do now as she is my main sponsor? We also have joint sponsor for my case and his income is above than poverty guidelines. Does USCIS will accept my case with Joint Sponsor as my wife is not doing Job, has zero income and she is taking Government Funds.

Please help me in this matter.

Regards

[Penguin_ie 5,986]

You should be fine; your wife is a US citizen, and thus allowed to have benefits.

[NeedHelp123 1]

You should be fine; your wife is a US citizen, and thus allowed to have benefits.

You mean that having the co/joint-sponsor is enough to sponsor me as my wife(main sponsor) is taking Government Funds.

[arken 4,197]

You mean that having the co/joint-sponsor is enough to sponsor me as my wife(main sponsor) is taking Government Funds.

Yes, it's fine.

The quote in your first post As written on NVC website that "if the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits" simply suggests that after you immigrate to US as a permanent resident, if you request use any federal benefits (like food stamps or so), then the federal government can make your joint sponsor to pay them back.

Edited August 11, 2016 by arken

[pushbrk 12,195]

You mean that having the co/joint-sponsor is enough to sponsor me as my wife(main sponsor) is taking Government Funds.

You are the sponsored immigrant, not your wife. This is always a judgment call by the Consular Officer, who is trained and expected to consider the totality of the circumstances INCLUDING the joint sponsor's relationship to you and/or the petitioner, and how likely they are to actually provide any needed support, and how likely it is that you will quickly be supporting your family yourself.

[NeedHelp123 1]

You are the sponsored immigrant, not your wife. This is always a judgment call by the Consular Officer, who is trained and expected to consider the totality of the circumstances INCLUDING the joint sponsor's relationship to you and/or the petitioner, and how likely they are to actually provide any needed support, and how likely it is that you will quickly be supporting your family yourself.

Thanks a lot but you mean that Consular Office will make a decision about my case?

Yes, it's fine.

The quote in your first post As written on NVC website that "if the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits" simply suggests that after you immigrate to US as a permanent resident, if you request use any federal benefits (like food stamps or so), then the federal government can make your joint sponsor to pay them back.

Thanks means we have no problem with my case.

[JFH 12,189]

Thanks a lot but you mean that Consular Office will make a decision about my case?

Yes, that's why we go to an interview at the embassy before we get our visas. The consular officer at the embassy has the final say in the matter. He looks at all your paperwork and decides whether you should be given a visa or not.

[pushbrk 12,195]

Thanks a lot but you mean that Consular Office will make a decision about my case?

Thanks means we have no problem with my case.

Nobody can tell you whether you have a problem with your case, BECAUSE nobody knows what judgment call the Consular Officer (not office) will make. What the other person is telling you is that your wife's financial situation does not specifically disqualify you from using a joint sponsor. Whether the joint sponsor's affidavit and supporting documentation will satisfy the public charge question for the Consular Officer, is a judgment call that has not yet been made.

I suggest you try hearing the facts presented, not just what you WANT to hear.

[NeedHelp123 1]

Hello,

My case has recently approved by USICS and forwarded to NVC for IR-1/CR-1 visa but problem is that my wife didn’t do job for last three years as she was university student. I want to ask following questions:

1) As a main sponsor my wife has to fill the form I-864 even with zero income?

2) Can we use two joint sponsors for IR-1/CR-1 visa as option is available in part 1 item 1.e of form I-864 “first joint sponsor “ and “second joint sponsor”? If it is true then my both brothers in laws can be my joint sponsors? Both are single and their annual salaries are low because they do part time job with studies? In that case both of my brothers in laws have to fill individually form I-864?

3) Can we use two joint sponsors for IR-1/CR-1 visa like “first joint sponsor my brother in law” and “second joint sponsor my brother in law’s friend”? Is it acceptable? If it is true then both have to fill individually form I-864?

4) If my brother in law is my only/single joint sponsor then how to calculate sponsor’s house hold size? My brother in law is single. House hold size will be 3 or 2 in this case? Brother in Law +My Wife+ Me=3 or Brother in Law+ Me=2

5) If joint sponsor is not a house hold member then how to calculate sponsor’s house hold size? If Joint sponsor is single. House hold size will be 3 or 2 in this case? Joint Sponsor +My Wife+ Me=3 or Joint sponsor+ Me=2

6) If we have a baby before issuance of my visa and we will do delivery in USA then that USA National baby will be included in number of dependants or not?

Please answer to all above questions one by one.

Regards

[Penguin_ie 5,986]

1. Yes, she is always primary sponsor as the petitioner

2/3 No, but you COULD use one of the brother's wife by adding her income to his via I-864A

4/ 5. Household size is 2, as your wife is a US citizen and doesn't need sponsorship.

6. Bat is a US citizen, not a national. The co=sponsor would not need to include it, but your wife would.

[NeedHelp123 1]

Thanks a l for reply.

[Penguin_ie 5,986]

I merged your two threads, as they are related.

Your wife, being a US citizen (and presumably her daughter is too) can take means tested benefits. Just you cannot, when you arrive.

[NeedHelp123 1]

Thanks a lot penguin.

[NeedHelp123 1]

Hello,

I want to ask following question please guide me in this matter:

My wife is USA passport holder and my case has approved by USCIS and forwarded to NVC, question is that she was university student and did some part time jobs during her holidays in 2014 and 2015 in USA but she didn't file tax returns as she didn't make too much money. If my wife write in form I-864 that she was college student and didn't do any job or didn't make enough in last two years is that acceptable or should she have to file tax returns for last two years i.e 2014 and 2015 but she is already late and since January 2016 she in Pakistan with me after her marriage.

Please reply to above questions.

Regards

Ali

[KierenHby 897]

How would your wife be providing financial support for your CR1 if she's overseas with you?

Also, please complete your Timeline when you have a moment.