Primary sponsor AOS

[Jrsg1989 7]

Just in the middle of adjusting my status, does my wife have to be my primary sponsor? She doesn’t meet the poverty line as she’s been out of work for a couple of weeks now. Instead of waiting for her to find new employment, can my mother in law be my primary sponsor? Many thanks 

[Jojo92122 1,924]

The petitioner must be the primary sponsor. 

 

Your wife is your primary sponsor.  She must file an I-864 even if she does not meet the financial requirements.

 

Your mother in law can be your Joint Sponsor.  She can not be your primary sponsor since she is not the petitioner.

[Jrsg1989 7]

3 minutes ago, Jojo92122 said:

The petitioner must be the primary sponsor. 

 

Your wife is your primary sponsor.  She must file an I-864 even if she does not meet the financial requirements.

 

Your mother in law can be your Joint Sponsor.  She can not be your primary sponsor since she is not the petitioner.

So do I have to wait until my wife finds new employment before I can file? 

[Jojo92122 1,924]

3 minutes ago, Jrsg1989 said:

So do I have to wait until my wife finds new employment before I can file? 

No.  As long as your Joint Sponsor can meet the I-864 requirements, there is no good reason to delay filing.

Edited June 16, 2018 by Jojo92122

[Jrsg1989 7]

4 minutes ago, Jojo92122 said:

No.  As long as your Joint Sponsor can meet the I-864 requirements, there is no good reason to delay filing.

Ok thank you very much. I just don’t see why my wife would have to be primary sponsor, when she can’t prove she can fianancially support me right now. My mother in law can, which is why I wondered if she can be primarily sponsor. Thank you again.  

[Jojo92122 1,924]

8 minutes ago, Jrsg1989 said:

Ok thank you very much. I just don’t see why my wife would have to be primary sponsor, when she can’t prove she can fianancially support me right now. My mother in law can, which is why I wondered if she can be primarily sponsor. Thank you again.  

US law requires the petitioner to be the primary sponsor.  That's as far as you need to see.   It's not important that you don't see the reason why your wife must be the primary sponsor.  Your job in filing the paperwork is to do what is required.  

[geowrian 22,336]

30 minutes ago, Jrsg1989 said:

Ok thank you very much. I just don’t see why my wife would have to be primary sponsor, when she can’t prove she can fianancially support me right now. My mother in law can, which is why I wondered if she can be primarily sponsor. Thank you again.  

1) It's a hard requirement by law.

2) If her situation changes and she becomes capable of supporting you in the future, they can still go after her first for repayment of means tested benefits that you use, or you can seek enforcement of the I-864 to maintain a minimal level of income to avoid becoming a public charge.

Remember that the I-864 doesn't have a hard expiration date...it only cancels under limited conditions, none of which are time-based.

Edited June 16, 2018 by geowrian

[Jrsg1989 7]

2 hours ago, Jojo92122 said:

US law requires the petitioner to be the primary sponsor.  That's as far as you need to see.   It's not important that you don't see the reason why your wife must be the primary sponsor.  Your job in filing the paperwork is to do what is required.  

Well yes I know that obviously.  I’m just saying. Thank you.  

[geowrian 22,336]

Another reason would be because AOS is the intending immigrant's application. Once the underlying petition is approved (as is the case for all K class visa holders since that occurred beforehand), the I-864 is the only actual requirement from the petitioner. I'm assuming they want to ensure the petitioner is still on board with the process.

 

Under Matter of Sesay, you can actually complete AOS without an ongoing relationship/marriage to the original petitioner, so the I-864 is also basically a stick in the ground to prevent somebody from coming on a K-1, getting married, then finding somebody else (presumably their original intent).

Edited June 16, 2018 by geowrian

[Jrsg1989 7]

44 minutes ago, geowrian said:

Another reason would be because AOS is the intending immigrant's application. Once the underlying petition is approved (as is the case for all K class visa holders since that occurred beforehand), the I-864 is the only actual requirement from the petitioner. I'm assuming they want to ensure the petitioner is still on board with the process.

 

Under Matter of Sesay, you can actually complete AOS without an ongoing relationship/marriage to the original petitioner, so the I-864 is also basically a stick in the ground to prevent somebody from coming on a K-1, getting married, then finding somebody else (presumably their original intent).

Ah yes of course, that makes a lot of sense. I’m getting it done this coming week. Thank you so much for your help

[pushbrk 12,217]

3 hours ago, Jrsg1989 said:

Well yes I know that obviously.  I’m just saying. Thank you.  

The "reason" is that a joint sponsor is second in line when it comes to any government recovery of any funds under the contract.  It's one thing for, say a parent, to be a back-up plan for in case you two don't support yourselves.  If they believe you will, it's not such a hard decision to sign that contract.  You've read the contract, right?  It's another thing entirely to be first and only in line.  That's why the petitioner is always first in line, or "primary sponsor".

 

There is no prohibition to filing with an unqualified sponsor's affidavit.  They will either send an RFE, by which time your wife may have a new job and can send an updated affidavit and supporting documentation, or they will wait for that until the interview.  What you CANNOT do is have a successful conclusion to an Adjustment of Status WITHOUT a qualified sponsor or joint sponsor.

Edited June 17, 2018 by pushbrk

[Ryan H 3,795]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.