Joint sponsor asset question regarding AOS

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Hi, this one is a specific question.

So my wife (us citizen) and I are preparing for my adjustment of status.

We need to find a joint sponsor but when using joint sponsor’s asset to meet the requirements, does it have to be 5 times of the shortfall or 3 times of it since my wife is us citizen sponsoring me. For example, if our joint sponsor lives alone and she doesn’t have a job, should the sum of her assets be $21,137 times 3 or $21,137 times 5.

Thank you in advance, any help would be much appreciated.

[617Haligonian 34]

(the instructions/quote below is for the 864 so the "you" is referring to the person signing the 864, likely your wife and joint sponsor)

 

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.

I believe the joint sponsor has to have 5x in assets, the exception listed above is what would make it 3x in assets if your wife were using her assets. But the joint sponsor who will have to file an 864 for you likely doesn't fall under that exception (assuming joint sponsor is not your spouse/parent who is a US citizen) they would need 5x in assets. 

 

Source: https://www.uscis.gov/greencard/affidavit-support

 

 

Edited July 10, 2019 by muricafyeah

[Eminem 0]

5 minutes ago, muricafyeah said:

(the instructions/quote below is for the 864 so the "you" is referring to the person signing the 864, likely your wife and joint sponsor)

 

If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.

I believe the joint sponsor has to have 5x in assets, the exception listed above is what would make it 3x in assets if your wife were using her assets. But the joint sponsor who will have to file an 864 for you likely doesn't fall under that exception (assuming joint sponsor is not your spouse/parent who is a US citizen) they would need 5x in assets. 

 

Source: https://www.uscis.gov/greencard/affidavit-support

 

 

Thank you for your answer!

My understanding was since the sponsor is my wife (us citizen), whoever the joint sponsor is and whatever the relation I have with that person, I am the one being sponsored in the petition so I assumed it could just be 3x of the difference. 

 

Exceptions:

• If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line

[617Haligonian 34]

3 minutes ago, Salomon421 said:

Thank you for your answer!

My understanding was since the sponsor is my wife (us citizen), whoever the joint sponsor is and whatever the relation I have with that person, I am the one being sponsored in the petition so I assumed it could just be 3x of the difference. 

 

Exceptions:

• If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line

Yeah the 864 was my least favorite document to fill out just because it's so confusing but glad I could help (even if only a little)!

 

Also important to note: if your wife can't sponsor you on her own, I don't think the joint sponsors income can be combined with hers to meet that requirement. The joint sponsor/their household has to make enough/have enough on their own to be 125% of the federal poverty level for your household size (even harder in your case if the joint sponsor has no income, they'd need 5x the 125% of the federal poverty level for your household size in assets) 

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1 minute ago, muricafyeah said:

Yeah the 864 was my least favorite document to fill out just because it's so confusing but glad I could help (even if only a little)!

 

Also important to note: if your wife can't sponsor you on her own, I don't think the joint sponsors income can be combined with hers to meet that requirement. The joint sponsor/their household has to make enough/have enough on their own to be 125% of the federal poverty level for your household size (even harder in your case if the joint sponsor has no income, they'd need 5x the 125% of the federal poverty level for your household size in assets) 

They have income but just not enough to sponsor me, so we were considering adding their assets to make up for the difference between the requirement and the joint sponsor’s income.

I thought if we’re using a joint sponsor, they don’t need to make enough for the household size of ours plus 1(joint sponsor) but simply add up the numbers of their(joint sponsor) household members and me(beneficiary). Is this correct?

I appreciate your answers!

[617Haligonian 34]

7 minutes ago, Salomon421 said:

They have income but just not enough to sponsor me, so we were considering adding their assets to make up for the difference between the requirement and the joint sponsor’s income.

I thought if we’re using a joint sponsor, they don’t need to make enough for the household size of ours plus 1(joint sponsor) but simply add up the numbers of their(joint sponsor) household members and me(beneficiary). Is this correct?

I appreciate your answers!

That's a good point, I'm not sure at the moment/off the top of my head but I'll try to do some reading when I get on break to hopefully answer that 

[eckoin 211]

On 7/10/2019 at 7:22 PM, Salomon421 said:

They have income but just not enough to sponsor me, so we were considering adding their assets to make up for the difference between the requirement and the joint sponsor’s income.

I thought if we’re using a joint sponsor, they don’t need to make enough for the household size of ours plus 1(joint sponsor) but simply add up the numbers of their(joint sponsor) household members and me(beneficiary). Is this correct?

I appreciate your answers!

The joint sponsor needs enough to sponsor themselves, their dependents, and you (not your wife, she's your main sponsor). Sounds like they don't have dependents, so it's them plus you, for a total of two. 

 

For them, their assets need to make up 5 times the difference, since you are not their spouse. 

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1 hour ago, eckoin said:

The joint sponsor needs enough to sponsor themselves, their dependents, and you (not your wife, she's your main sponsor). Sounds like they don't have dependents, so it's them plus you, for a total of two. 

 

For them, their assets need to make up 5 times the difference, since you are not their spouse. 

We found a joint sponsor for us and that’s all I wanted to know!

I appreciate your answer :)