Co-sponsor for I-130

[Patricia2004 0]

I am seeing posts that co-sponsors are getting denied because they are not close family members.   A friend of 15 years has agreed to be our co-sponsor.   She has known my husband during this period of time, has met his kids and grandkids.    She clearly meets the financial requirements to be our co-sponsor.   I am concerned we will be asked to find another co-sponsor.   Though I have enough money in the bank to sustain us (based on the minimum requirements for 2 people) for 4 years due to the sale of real estate, I have not worked so have not filed a tax return since the sale of the property in 2015.  Does anyone have any insight or reasoning why some people are asked to find another co-sponsor?    Or, has the rule changed that a co-sponsor must be immediate family of the petitioner?

[NikLR 13,227]

Where have you seen that joint sponsors have been disallowed unless an immediate family member?

[Patricia2004 0]

I am a member of 4 Facebook groups regarding immigration to the US and others have posted that their co-sponsor was denied and the petitioner was advised to find a close relative.  One in particular said she has known her co-sponsor for 5 years.

[portorusa 431]

This is strange. The USCIS guidelines clearly state that ANY U.S. person can be a co-sponsor. I myself was a co-sponsor of a son-in-law of my ex-roommate back in 2013.

[Boiler 45,673]

Well Facebook is the best source for US Immigration Law.

[Patricia2004 0]

Boiler, the facebook comment was based on someone's experience and not just an opinion of someone.

[JFH 12,190]

1 minute ago, Patricia2004 said:

Boiler, the facebook comment was based on someone's experience and not just an opinion of someone.

I’m guessing they were denied due to some other reason but prefer to publicly post something that makes them look like the victims of an injustice. Facebook is the platform of choice for such people. 

[JFH 12,190]

I’m wondering if they used the I-864A for someone who is not a household member. I’ve seen that rookie mistake on here too. 

[Patricia2004 0]

Boiler, your comment has merit.   I am trying to find the posts of those who were asked to find a co-sponsor who is close relative.   Seems the cases were those with previous legal problems.  Still searching to verify.

[JeanneAdil 6,562]

6 minutes ago, JFH said:

I’m guessing they were denied due to some other reason but prefer to publicly post something that makes them look like the victims of an injustice. Facebook is the platform of choice for such people. 

I would also think there are reasons besides what was posted

 

strange to believe totally in facebook instead of the USCIS site rules and laws

It is not just a made up thing by any embassy /  they must adhere to immigration laws

 

The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.

 

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

[Patricia2004 0]

JFH, I do not know the answer to your question but it is certainly a possibility.  As I mentioned, the cases I read about had some pre-existing immigration problems associated so perhaps those cases were more closely scrutinized.  My husband has never had any legal problems.   My concern is that I have not filed a tax return since 2015 which at that time I paid taxes on income received from the sale of property and have been living off those proceeds as well as co-mingling of funds with my husband in the Dominican Republic when I am there.   Therefore, I have no tax returns or W-2 to submit and need a co-sponsor.  However, I still have enough liquid assets (ready cash) to sustain me/us in the same manner for the next 4-5 years.   I can prove it with bank statements.  I guess it depends on the officer reviewing the documents to determine if I need a co-sponsor but I don't want to have any unnecessary delays in the process.

[Patricia2004 0]

Thank you, JeanneAdil.   Yes, I have read the joint or co-sponsor requirements and agree that there must be something else going on in those cases that I've read about.   Just wanted to ensure that the rules have not changed but not updated with USCIS website.

[Lil bear 4,252]

2 minutes ago, Patricia2004 said:

JFH, I do not know the answer to your question but it is certainly a possibility.  As I mentioned, the cases I read about had some pre-existing immigration problems associated so perhaps those cases were more closely scrutinized.  My husband has never had any legal problems.   My concern is that I have not filed a tax return since 2015 which at that time I paid taxes on income received from the sale of property and have been living off those proceeds as well as co-mingling of funds with my husband in the Dominican Republic when I am there.   Therefore, I have no tax returns or W-2 to submit and need a co-sponsor.  However, I still have enough liquid assets (ready cash) to sustain me/us in the same manner for the next 4-5 years.   I can prove it with bank statements.  I guess it depends on the officer reviewing the documents to determine if I need a co-sponsor but I don't want to have any unnecessary delays in the process.

As already said , according to the current official guidelines for joint sponsor , the joint sponsor does not have to be a relative or close relative. 

If a non relative’s joint sponsorship

was rejected, it would have been for reasons other that the relationship

 

[JeanneAdil 6,562]

2 minutes ago, Patricia2004 said:

JFH, I do not know the answer to your question but it is certainly a possibility.  As I mentioned, the cases I read about had some pre-existing immigration problems associated so perhaps those cases were more closely scrutinized.  My husband has never had any legal problems.   My concern is that I have not filed a tax return since 2015 which at that time I paid taxes on income received from the sale of property and have been living off those proceeds as well as co-mingling of funds with my husband in the Dominican Republic when I am there.   Therefore, I have no tax returns or W-2 to submit and need a co-sponsor.  However, I still have enough liquid assets (ready cash) to sustain me/us in the same manner for the next 4-5 years.   I can prove it with bank statements.  I guess it depends on the officer reviewing the documents to determine if I need a co-sponsor but I don't want to have any unnecessary delays in the process.

as a USC you need to file tax returns (and can claim husband with W7)   /living off the proceeds would mean there is interest to report

and not sure why (at the time of this sale) you did not claim the one time exclusion 

 

That's the generous tax break –the home sale exclusion -- homeowners are entitled to when they sell their primary residence for a gain after having lived in the home for at least two of the five years immediately preceding the sale. Couples can shelter $500,000.

 

for tax returns the exemption for foreign income is well over $100,000 using IRS form 2555

 

[Patricia2004 0]

13 minutes ago, JeanneAdil said:

I would also think there are reasons besides what was posted

 

strange to believe totally in facebook instead of the USCIS site rules and laws

It is not just a made up thing by any embassy /  they must adhere to immigration laws

 

The law concerning the affidavit of support is found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.

 

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.