I-864 Joint sponsor?

[zorinG 2]

When my husband and I initially filed for his K-1 visa, I had a different work situation and was barely above the income threshold, so we used my dad as a joint sponsor, just in case. Now my income is more than sufficient to sponsor my husband, and I can provide evidence in pay stubbs (but not via taxes, yet). Any advice on filing with or without my previous joint sponsor for the adjustment of status, form I-864? Will the adjustment of status be denied if we do not list the same joint sponsor (when we no longer need one)? Thanks in advance

[K1visaHopeful 2,662]

9 minutes ago, zorinG said:

When my husband and I initially filed for his K-1 visa, I had a different work situation and was barely above the income threshold, so we used my dad as a joint sponsor, just in case. Now my income is more than sufficient to sponsor my husband, and I can provide evidence in pay stubbs (but not via taxes, yet). Any advice on filing with or without my previous joint sponsor for the adjustment of status, form I-864? Will the adjustment of status be denied if we do not list the same joint sponsor (when we no longer need one)? Thanks in advance

IMO....because they look at your entire financial situation and your employment situation is newish, I'd suggest hanging on to your joint sponsor.

What you COULD do is lay off on adding the joint sponsor for now in your application and see what they say with you just using your Employment Verification letter and as many current paystubs as possible to prove current income.

 

The worst that could happen is they request a joint sponsor. At best, you wont need one and your pops will be off the hook.

Edited January 22, 2019 by K1visaHopeful

[zorinG 2]

I appreciate your reply. We def want pops off the hook. 

So they could just come back and say, "hey, you need a joint sponsor" not just deny the whole thing?

I wonder if applying for the EAD (work permission) plays a role in their consideration...

 

[K1visaHopeful 2,662]

1 minute ago, zorinG said:

I appreciate your reply. We def want pops off the hook. 

So they could just come back and say, "hey, you need a joint sponsor" not just deny the whole thing? Yes they would send you an RFE for not meeting the FPGL's and request a JS. They wouldnt proceed to denial.

 

I wonder if applying for the EAD (work permission) plays a role in their consideration... 

Can you elaborate on what you're getting at....?

At this stage not really. BUT when your husband does get approved for the EAD he can also be a co-sponsor and add his income to the current household income and on your I864. If your interview takes quite awhile he may have time to get a few paystubs under his belt too and you could submit a new I864 at your interview including his income, and ask that your pops I864 be not include as a joint sponsor. Again, the IO could issue a checklist at that point requesting a joint sponsor before they approved the GC but then you could just provide your dad again as a JS. 

 

 

[zorinG 2]

What I meant was, since my husband will also be applying for the EAD at the same time as we file the I-485/I-864, they will see that he would also be contributing to our finances once he has permission to work, before he has his GC, roughly three months from filing time. Hope that is clearer. 

I am probably over thinking it but the idea of making any modifications or changes or adding any new information makes me so nervous. This was a long and stressful process for us and the thought that it's not yet over is crazy considering what we have been through. 

Regardless, your advice seems to be spot on.

Thanks again. 

Edited January 22, 2019 by zorinG
Addition

[K1visaHopeful 2,662]

13 minutes ago, zorinG said:

What I meant was, since my husband will also be applying for the EAD at the same time as we file the I-485/I-864, they will see that he would also be contributing to our finances once he has permission to work, before he has his GC, roughly three months from filing time. Hope that is clearer. Actually it's 4 to 6 months from application of the EAD currently. And no, they only consider actual numbers/Income to report in the moment.

I am probably over thinking it but the idea of making any modifications or changes or adding any new information makes me so nervous. This was a long and stressful process for us and the thought that it's not yet over is crazy considering what we have been through. No it's not really that big of an issue as financial situations change over time. Especially with the long wait in between AOS application and the actual interview. Ppl submit an updated I864 all the time at the interview. The IO will usually ask at the interview if your financial situation has changed and you will have the opportunity then to submit a new I864.

Regardless, your advice seems to be spot on.

Thanks again. 

 

[TBoneTX 43,058]

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