No joint sponsor found

[Maddy0087 0]

Hi, there.

 

I'm the U.S. citizen spouse. My husband didn’t make enough income last year so we had asked his boss to be a joint sponsor.

He said yes but a month later he changed his mind.

I already took a health check and it will be expired soon. We need to find another sponsor until the first week of January but no luck for now.

 

Our lawyer said that we can use this year’s income (2019) but it still about $1000 less than the guideline.

According I-864, we can use our assets to meet the income requirements.

 

I do have $3000 (1000x3) in my account but the lawyer said it needs to be in HIS account at least 12 months.

 

My question is if it is true. I read I-864 carefully and couldn’t find information like that.

 

Our lawyer is having a new year holiday can’t ask her.

 

thank you in advance. Any advice is appreciated.

 

[Amadia 711]

Does your spouse have assets that can be liquidated?

Rightfully, any person swearing an Affidavit of support has responsibility over the person they are sponsoring.....an employer may not want that burden in the event your spouse is no longer employed with said company.

[Maddy0087 0]

3 minutes ago, Amadia said:

Does your spouse have assets that can be liquidated?

Rightfully, any person swearing an Affidavit of support has responsibility over the person they are sponsoring.....an employer may not want that burden in the event your spouse is no longer employed with said company.

Thank you for your comment.

 

Unfortunately no. I can transfer my money to his bank account if it will be regarded as his assets however our lawyer said it doesn’t work.

[LilyJ 1,258]

In many cases “just barely” making the minimum may not cut it. Ultimately the decision will be up to the consular officer at your interview when they look at the totality of your circumstances, including your health, your husbands health, your education and career or plans for career, etc can all be taken into account. If the CO feels your husbands income (even with assets) is not sufficient (even if it’s at near or above the 125% poverty guideline) then you may be viewed as a public charge. You may have to just keep looking for a joint sponsor, does your husband have any family members that might be willing to joint sponsor? If not then the only option after that, would be have him find a new job or see if he can get a raise somehow.. It also depends on your consulate. Some consulates are stricter than others 

[Maddy0087 0]

12 minutes ago, LilyJ said:

In many cases “just barely” making the minimum may not cut it. Ultimately the decision will be up to the consular officer at your interview when they look at the totality of your circumstances, including your health, your husbands health, your education and career or plans for career, etc can all be taken into account. If the CO feels your husbands income (even with assets) is not sufficient (even if it’s at near or above the 125% poverty guideline) then you may be viewed as a public charge. You may have to just keep looking for a joint sponsor, does your husband have any family members that might be willing to joint sponsor? If not then the only option after that, would be have him find a new job or see if he can get a raise somehow.. It also depends on your consulate. Some consulates are stricter than others 

Thank you for your comment.

 

so do you think our case might proceed to interview (so that we can more time to find a joint sponsor while I’m legally staying in USA)?

 

We have asked a lot of ppl including his family and none of them can help us.

His income isn’t enough just because he started working from April. If he worked whole year, the income would be more than the guideline (plus he got a raise recently so next year’s income are surely more than that)

 

i have no issue about my health, graduated 4 year uni, have experience of working online so can start working as soon as I get a work permit. Only concern for us is the income requirements...

[LilyJ 1,258]

6 minutes ago, Maddy0087 said:

Thank you for your comment.

 

so do you think our case might proceed to interview (so that we can more time to find a joint sponsor while I’m legally staying in USA)?

 

We have asked a lot of ppl including his family and none of them can help us.

His income isn’t enough just because he started working from April. If he worked whole year, the income would be more than the guideline (plus he got a raise recently so next year’s income are surely more than that)

 

i have no issue about my health, graduated 4 year uni, have experience of working online so can start working as soon as I get a work permit. Only concern for us is the income requirements...

You could proceed to interview but ultimately the call of whether or not you get a visa is up to the CO. You may want to adjust your husbands income then on the I864 as “current income” is his yearly salary, not just what he made this year, so even if he only started working last month and made “x” amount total for this year, if his yearly salary is “y” amount then “y” is what his current income is, not “x”. In that case you may not need a joint sponsor if it’s well enough above, and with his raise then his yearly income with his new raise is now his “current income”, you don’t seem to have any other factors that would pinpoint you as a public charge as well so that could also play in your favor. Which consulate are you interviewing at?

[Maddy0087 0]

29 minutes ago, LilyJ said:

You could proceed to interview but ultimately the call of whether or not you get a visa is up to the CO. You may want to adjust your husbands income then on the I864 as “current income” is his yearly salary, not just what he made this year, so even if he only started working last month and made “x” amount total for this year, if his yearly salary is “y” amount then “y” is what his current income is, not “x”. In that case you may not need a joint sponsor if it’s well enough above, and with his raise then his yearly income with his new raise is now his “current income”, you don’t seem to have any other factors that would pinpoint you as a public charge as well so that could also play in your favor. Which consulate are you interviewing at?

Thank you! I’ll talk to my husband about the information you mentioned. You brought me hope!

 

we live in Stockton so I think the consulate should be San Francisco? Is it known as a stricter one?

Edited December 28, 2019 by Maddy0087

[LilyJ 1,258]

13 minutes ago, Maddy0087 said:

Thank you! I’ll talk to my husband about the information you mentioned. You brought me hope!

 

we live in Stockton so I think the consulate should be San Francisco? Is it known as a stricter one?

If you’re adjusting status, then in that case no consulate will be involved, since you will be instead interviewing at a local office 

[Boiler 43,570]

One of our friendly mods will move your thread to the correct forum.

 

Can not help think you are not looking at current annualised income.

[TBoneTX 43,184]

From what specific visa is the immigrant adjusting status?

[Nitas_man 3,100]

4 hours ago, Maddy0087 said:

Hi, there.

 

I'm the U.S. citizen spouse. My husband didn’t make enough income last year so we had asked his boss to be a joint sponsor.

He said yes but a month later he changed his mind.

I already took a health check and it will be expired soon. We need to find another sponsor until the first week of January but no luck for now.

 

Our lawyer said that we can use this year’s income (2019) but it still about $1000 less than the guideline.

According I-864, we can use our assets to meet the income requirements.

 

?I do have $3000 (1000x3) in my account but the lawyer said it needs to be in HIS account at least 12 months.?

 

My question is if it is true. I read I-864 carefully and couldn’t find information like that.  NO

 

Our lawyer is having a new year holiday can’t ask her.

 

thank you in advance. Any advice is appreciated.

 

On the issue of assets you would have a couple thousand more if you had skipped paying a bad lawyer.  He/she is incorrect.  Both the petitioner and beneficiary’s assets can be used for the affidavit.

 What kind of visa are you adjusting from

Income is current income that is annualized, not part year income.  $20,000 from April-Dec is $26,000 a year for example.

 

Edited December 28, 2019 by Nitas_man

[Penguin_ie 5,986]

Which country are you trying to get a visa for?  You mention being a US citizen, yet having done a health check, which is not needed if your husband is getting a visa or adjusting status, and you also mention a consulate in San Fran?

[carmel34 3,531]

10 hours ago, Maddy0087 said:

so do you think our case might proceed to interview (so that we can more time to find a joint sponsor while I’m legally staying in USA)?

Please add more information about your Adjustment of Status application.  When did you submit the initial I-864 and the AOS package?  Do you have a EAD/AP card so that you can work and travel outside the US?

 

If you have already submitted the AOS package with a I-864 it is a long wait for an interview, a year or more depending on your USCIS office, and in that time you are in a period of "authorized stay" until the AOS is adjudicated, as long as you entered the US legally and got married before you overstayed.  If you go to the AOS interview and the officer decides that you need a joint sponsor, you will have time to find one.  You may be approved on your husband's income alone if he takes proof of current income (6 months of pay stubs, letter from employer) as well as the most recent IRS tax return.  If you are denied LPR status at the AOS interview and you can't find a joint sponsor in the time they give you, you may have to leave the USA.  Good luck! 

Edited December 28, 2019 by carmel34

[Maddy0087 0]

9 hours ago, LilyJ said:

If you’re adjusting status, then in that case no consulate will be involved, since you will be instead interviewing at a local office 

Then probably at a Stockton office

8 hours ago, TBoneTX said:

From what specific visa is the immigrant adjusting status?

From a student visa

[Maddy0087 0]

6 hours ago, Nitas_man said:

On the issue of assets you would have a couple thousand more if you had skipped paying a bad lawyer.  He/she is incorrect.  Both the petitioner and beneficiary’s assets can be used for the affidavit.

 What kind of visa are you adjusting from

Income is current income that is annualized, not part year income.  $20,000 from April-Dec is $26,000 a year for example.

 

Right. But thankfully I still have some savings. So if I transfer my money to his account now will it be ok? Or don’t even need to be transferred?