i864 Household member v joint sponsor

[kimberlysim 0]

I am looking for some advice.

 

I am a US citizen living in the UK but I am claiming US domicile as I still file taxes, have US bank account SSN etc.

 

I am filing CR1 for my husband through DCF in London US embassy so that we can move to the USA together.

 

i130 has been approved and now I am getting the I864 ready with the rest of paperwork.

 

This is my issue:

All of my income is foreign income so it wont count to support my husband and while I have enough assets in my bank account to cover however I can't prove it for 12 months as I had my dad transfer enough money in 7 months ago to cover poverty line. I don't want to try and use my assets and be asked for more information as it will delay our case...

 

I am using my dad's income and assets to supplement mine (since its foreign income) as he far exceeds the poverty minimum. I have had him fill out the i864a form as a household member and I am filling out the i864. However, we don't live together yet as I haven't returned to the USA. His address is my "domicile" address in the USA that's linked to my taxes, bank accounts, etc. We won't really live together for long either as my husband and I will stay with him for a couple weeks/months once we move to the USA then we will move out of state together out of my dad's house as we are in our 30s.

 

My dad has agreed to be household member and use his money etc and filled out i864a. I am now filling out i864 and I am struggling on whether I should list my address as his (my US address) so that we are technically on paper the same household or keep my UK address on there. I'm not sure if the household member is in theory (aka my domicile) or in physicality (aka where I actually live). We have already delayed filing because of this i864 by about a month and it takes time for him to fill it out- sign, scan, etc then mail to me, me to receive check etc...

 

any advice on how to proceed?  I am aware the best option is probably to re-do it all and have him do i864 but he is a little uncomfortable to be the actual sponsor so I'd rather it be me...

 

Thanks,

Kim

[Wuozopo 4,294]

33 minutes ago, kimberlysim said:

I am looking for some advice.

 

I am a US citizen living in the UK but I am claiming US domicile as I still file taxes, have US bank account SSN etc.

 

I am filing CR1 for my husband through DCF in London US embassy so that we can move to the USA together.

 

i130 has been approved and now I am getting the I864 ready with the rest of paperwork.

 

This is my issue:

All of my income is foreign income so it wont count to support my husband and while I have enough assets in my bank account to cover however I can't prove it for 12 months as I had my dad transfer enough money in 7 months ago to cover poverty line. I don't want to try and use my assets and be asked for more information as it will delay our case...

 

I am using my dad's income and assets to supplement mine (since its foreign income) as he far exceeds the poverty minimum. I have had him fill out the i864a form as a household member and I am filling out the i864. However, we don't live together yet as I haven't returned to the USA. His address is my "domicile" address in the USA that's linked to my taxes, bank accounts, etc. We won't really live together for long either as my husband and I will stay with him for a couple weeks/months once we move to the USA then we will move out of state together out of my dad's house as we are in our 30s.

 

My dad has agreed to be household member and use his money etc and filled out i864a. I am now filling out i864 and I am struggling on whether I should list my address as his (my US address) so that we are technically on paper the same household or keep my UK address on there. I'm not sure if the household member is in theory (aka my domicile) or in physicality (aka where I actually live). We have already delayed filing because of this i864 by about a month and it takes time for him to fill it out- sign, scan, etc then mail to me, me to receive check etc...

 

any advice on how to proceed?  I am aware the best option is probably to re-do it all and have him do i864 but he is a little uncomfortable to be the actual sponsor so I'd rather it be me...

 

Thanks,

Kim

A better solution for you:

• Your I-864 with no household members and zero income. Your most recent US tax return. List your assets if you wish and take latest  two bank statements. 
• Your Dad's I-864 as a joint sponsor. His proof of being a USC. His most recent tax return. Proof of his separate income if he files jointly with Mom, such as an employer letter. A joint tax return would indicate two people's money lumped together so they need to see if Dad qualifies on his income alone. Thus proof of his separate income.

London is not very strict on these things trying to make you prove money multiple ways. I doubt they would request 12 bank statements from you. You could even turn in your I-864 at the first window and only if the interviewer (second window) wasn't happy,  would you pull a joint sponsorship out of your bag. 

 

Dad is still on the hook whether he signs I-864 or I-864a. Joint sponsor either way is a sponsor.

 

Edited January 12, 2018 by Wuozopo

[kimberlysim 0]

33 minutes ago, Wuozopo said:

A better solution for you:

• Your I-864 with no household members and zero income. Your most recent US tax return. List your assets if you wish and take latest  two bank statements. 
• Your Dad's I-864 as a joint sponsor. His proof of being a USC. His most recent tax return. Proof of his separate income if he files jointly with Mom, such as an employer letter. A joint tax return would indicate two people's money lumped together so they need to see if Dad qualifies on his income alone. Thus proof of his separate income.

London is not very strict on these things trying to make you prove money multiple ways. I doubt they would request 12 bank statements from you. You could even turn in your I-864 at the first window and only if the interviewer (second window) wasn't happy,  would you pull a joint sponsorship out of your bag. 

 

Dad is still on the hook whether he signs I-864 or I-864a. Joint sponsor either way is a sponsor.

 

My original plan was to submit i864 on my own with zero income (albeit I have to put down my income even though it doesn't count towards it) and my assets that cover 125% poverty line with 6 months bank statements to show. I have my tax returns for last 3 years although I did not file one of the years as I was a student. My letter in the pack will state this as well.

 

However, I started to panic a bit as everything I saw online said I needed 12 months and I've only got about 7 or 8 months of the money being in my account I could show. So, I asked my dad to co-sponsor with me and he's agreed although a bit reluctantly. I had him fill in the I-864A though and not the I864 which I can have him do if needed but as I've mentioned not having him involved is the best options. I am just worried that they wont accept my i864 with no income on it and we will be delayed more time and my dad will still have to fill out i864...

 

Also, he files taxes independently so his tax returns suffice on their own.

 

Thanks for your input...still a bit unsure about what to do though

[aleful 1,905]

hi

 

as stated he needs to file the i864, not the i864 because you don't currently live there. it doesn't matter that you have put their address as yours, you haven't been living there so you can't combine income. you will file the i864 regardless and he will file the i864 as your joint sponsor

 

as long as you have a joint sponsor that can cover your husband, there is no problem in you having $0 income,

[kimberlysim 0]

2 minutes ago, aleful said:

hi

 

as stated he needs to file the i864, not the i864 because you don't currently live there. it doesn't matter that you have put their address as yours, you haven't been living there so you can't combine income. you will file the i864 regardless and he will file the i864 as your joint sponsor

 

as long as you have a joint sponsor that can cover your husband, there is no problem in you having $0 income,

Yeah that's what I figured. I'm now back to thinking about if I can file i864 on my own though as I have over the 3 and 5 times the poverty line requirement in assets. I'm just worried if they will actually ask for 12 months statements...

 

I could also claim my assets here in the UK bc they are cash but I don't want to complicate it when I already have enough assets in the US.

 

 

[Ryan H 3,909]

Moved from Progress Reports to Process & Procedures.

[Wuozopo 4,294]

1 hour ago, kimberlysim said:

However, I started to panic a bit as everything I saw online said I needed 12 months and I've only got about 7 or 8 months of the money being in my account I could show.

General info you read tends to paint the worst case scenario from the most difficult countries. London is really very relaxed about this as long as you provide what is prescribed by law which is a form, one tax return, etc. Then it's up to the consulate and interviewer how much they trust you or if they are going to make you jump through a hundred hoops to try to catch you out. Everybody is pretty nice in London and don't typically think every visa seeker is a scammer. 

 

46 minutes ago, kimberlysim said:

Yeah that's what I figured. I'm now back to thinking about if I can file i864 on my own though as I have over the 3 and 5 times the poverty line requirement in assets. I'm just worried if they will actually ask for 12 months statements...

 

I could also claim my assets here in the UK bc they are cash but I don't want to complicate it when I already have enough assets in the US.

 

 

 

I would suggest you do like other successful visa seekers have done in London. Make a spreadsheet or list of your bank accounts and the assets in both the US and UK. If your husband has separate accounts in his name, they count too. Show £ amount, then a conversion to $$. Then provide a total. It's just a summary page that adds everything up for them for your assets at a glance. Provide the most recent statements for each account as the official proof. 

 

And like suggested, see how that goes with the interviewer. Only turn in Dad's if yours is not accepted fully. Remember, the first window where you turn in documents is only a clerical person and not deciding your approval. Don't bother asking them if it's okay. Turn in your I-864 and associated documentation there.

 

Next time called up to a window is the immigration officer/interviewer. Often if everything looks okay, they never even bring up the affidavit of support. It's a very short few minutes you spend with the interviewer. 

[kimberlysim 0]

3 minutes ago, Wuozopo said:

General info you read tends to paint the worst case scenario from the most difficult countries. London is really very relaxed about this as long as you provide what is prescribed by law which is a form, one tax return, etc. Then it's up to the consulate and interviewer how much they trust you or if they are going to make you jump through a hundred hoops to try to catch you out. Everybody is pretty nice in London and don't typically think every visa seeker is a scammer. 

 

 

I would suggest you do like other successful visa seekers have done in London. Make a spreadsheet or list of your bank accounts and the assets in both the US and UK. If your husband has separate accounts in his name, they count too. Show £ amount, then a conversion to $$. Then provide a total. It's just a summary page that adds everything up for them for your assets at a glance. Provide the most recent statements for each account as the official proof. 

 

And like suggested, see how that goes with the interviewer. Only turn in Dad's if yours is not accepted fully. Remember, the first window where you turn in documents is only a clerical person and not deciding your approval. Don't bother asking them if it's okay. Turn in your I-864 and associated documentation there.

 

Next time called up to a window is the immigration officer/interviewer. Often if everything looks okay, they never even bring up the affidavit of support. It's a very short few minutes you spend with the interviewer. 

The i864 has to be submitted before he gets his interview so that wouldn't work. I would also have to fill out different forms as I have to specify whether I am a sponsor or joint sponsor. If they are not happy with the i864 from me they will defer approval and ask for more information before they give him his interview date.

 

The tax return isn't the problem as I have an income on there however it is foreign income so none of it counts towards money available to "sponsor" him. I could get our foreign income bank statements included however the issue would come from my us bank account- if they were picky about bank statements and proving the assets there our UK bank accounts wouldn't matter

[Wuozopo 4,294]

4 hours ago, kimberlysim said:

The i864 has to be submitted before he gets his interview so that wouldn't work. I would also have to fill out different forms as I have to specify whether I am a sponsor or joint sponsor. If they are not happy with the i864 from me they will defer approval and ask for more information before they give him his interview date.

 

The tax return isn't the problem as I have an income on there however it is foreign income so none of it counts towards money available to "sponsor" him. I could get our foreign income bank statements included however the issue would come from my us bank account- if they were picky about bank statements and proving the assets there our UK bank accounts wouldn't matter

That is not how it works with a London DCF.  You are not processing through the NVC which collects and reviews documents for typical spouse visas that started in the US at the USCIC and Chicago drop box.

 

You started with a petition at the USCIS office in London. When they approve your petition, they send directly over to the Immigrant Visa Unit of the embassy. (Same building, but no longer USCIS. Consulate and visas are part of the Department of State.) Once the Visa Unit receives your petition file, they notify you to begin the visa application.

• Fill out a DS-260 (submit online) 
• Call the Knightsbridge clinic and make your medical appointment. Make sure you have police certificate, health summary, and immunisations to show them at the medical.
• Gather all documents for UK person like birth certificate, police report, marriage certificate, prior divorce decree (if any), I-864, etc. 
• Go online and pick an interview date. 
• Attange for courier delivery for the return of your passport.
• Go to interview with all your documents in hand including I-864. Nobody looks at that until you arrive at the embassy. 

 

Forgot to say. You are always the primary sponsor whether somebody joins in as a joint sponsor or not. Consider yourself SPONSOR. And if you are found to be lacking something when you go to interview, you send in whatever it is as quickly as you can and they issue the visa then courier it to you. 

Edited January 12, 2018 by Wuozopo

[pushbrk 13,660]

10 hours ago, Wuozopo said:

A better solution for you:

• Your I-864 with no household members and zero income. Your most recent US tax return. List your assets if you wish and take latest  two bank statements. 
• Your Dad's I-864 as a joint sponsor. His proof of being a USC. His most recent tax return. Proof of his separate income if he files jointly with Mom, such as an employer letter. A joint tax return would indicate two people's money lumped together so they need to see if Dad qualifies on his income alone. Thus proof of his separate income.

London is not very strict on these things trying to make you prove money multiple ways. I doubt they would request 12 bank statements from you. You could even turn in your I-864 at the first window and only if the interviewer (second window) wasn't happy,  would you pull a joint sponsorship out of your bag. 

 

Dad is still on the hook whether he signs I-864 or I-864a. Joint sponsor either way is a sponsor.

 

Correct and most effective solution EXCEPT that if Dad files taxes jointly with a spouse, you need his spouse's I-864a and evidence of resident status as well.

[kimberlysim 0]

On 1/12/2018 at 10:30 PM, pushbrk said:

Correct and most effective solution EXCEPT that if Dad files taxes jointly with a spouse, you need his spouse's I-864a and evidence of resident status as well.

This isn't a problem for me. He files independently bc he'd single.

[kimberlysim 0]

On 1/12/2018 at 8:02 PM, Wuozopo said:

That is not how it works with a London DCF.  You are not processing through the NVC which collects and reviews documents for typical spouse visas that started in the US at the USCIC and Chicago drop box.

 

You started with a petition at the USCIS office in London. When they approve your petition, they send directly over to the Immigrant Visa Unit of the embassy. (Same building, but no longer USCIS. Consulate and visas are part of the Department of State.) Once the Visa Unit receives your petition file, they notify you to begin the visa application.

• Fill out a DS-260 (submit online) 
• Call the Knightsbridge clinic and make your medical appointment. Make sure you have police certificate, health summary, and immunisations to show them at the medical.
• Gather all documents for UK person like birth certificate, police report, marriage certificate, prior divorce decree (if any), I-864, etc. 
• Go online and pick an interview date. 
• Attange for courier delivery for the return of your passport.
• Go to interview with all your documents in hand including I-864. Nobody looks at that until you arrive at the embassy. 

 

Forgot to say. You are always the primary sponsor whether somebody joins in as a joint sponsor or not. Consider yourself SPONSOR. And if you are found to be lacking something when you go to interview, you send in whatever it is as quickly as you can and they issue the visa then courier it to you. 

Thanks. I understand I'm the sponsor regardless  my main issue is keeping my dad out of paperwork and being able to file with my assets...thats been my worry..

 

The process you listed is not how we have been instructed. After filing ds260 it stated nothing would be processed and the interview could not be booked until they received all financial and supporting documents...copies of them. I too had originally thought the i864 and other documents were just for the interview.

[kimberlysim 0]

9 minutes ago, kimberlysim said:

Thanks. I understand I'm the sponsor regardless  my main issue is keeping my dad out of paperwork and being able to file with my assets...thats been my worry..

 

The process you listed is not how we have been instructed. After filing ds260 it stated nothing would be processed and the interview could not be booked until they received all financial and supporting documents...copies of them. I too had originally thought the i864 and other documents were just for the interview.

Ok nevrrmind I see what you are saying about bringing directly to the interview. My husband got confused.. 

[Wuozopo 4,294]

2 hours ago, kimberlysim said:

Thanks. I understand I'm the sponsor regardless  my main issue is keeping my dad out of paperwork and being able to file with my assets...thats been my worry..

Your dad has paperwork to do whether it's I-864 or I-864a. His forms to fill out, sign, and provide documentation.

 

You do have the opportunity to see if your assets are accepted before pulling out and offering an already prepared I-864 from your dad. And you could be approved at your interview. But if paperwork is an issue, then go it on your own with assets using suggestions provided earlier. I think it is very possible in London. If not accepted, you will be delayed only by the amount time it takes Dad to fill out paperwork after your interview and get it couriered to London along with your passport so they can finish up and issue the visa. 

 

 

[kimberlysim 0]

15 hours ago, Wuozopo said:

Your dad has paperwork to do whether it's I-864 or I-864a. His forms to fill out, sign, and provide documentation.

 

You do have the opportunity to see if your assets are accepted before pulling out and offering an already prepared I-864 from your dad. And you could be approved at your interview. But if paperwork is an issue, then go it on your own with assets using suggestions provided earlier. I think it is very possible in London. If not accepted, you will be delayed only by the amount time it takes Dad to fill out paperwork after your interview and get it couriered to London along with your passport so they can finish up and issue the visa. 

 

 

ok. I think I will try and use my assets first and have a backup i864 from myself and dad doing joint sponsorship if it isn't approved based on my assets alone.