Joint sponsor questions - Petitioner living abroad

[amerikelinka 16]

I (the petitioner) have a few questions related to having a joint sponsor and living abroad with my husband (the immigrant) as we're preparing for the NVC stage. I have studied and worked in Kazakhstan for the past 3.5 years, during which time I met my husband, married, and started the IR-1 process. I think that I have sufficient proof to show that my stay has been temporary (living on a student visa, maintaining U.S. finances, voting, etc.), but that is another topic.

 

My main questions are related to my joint sponsor. I work at my university in Kazakhstan, and my salary is technically enough to meet the minimum income threshold. However, I have no current source of U.S. income that will continue after my move (and my assets are insufficient). Therefore, my father is going to be my joint sponsor. He makes $100,000+ annually, so he certainly qualifies, but I'm not sure about the best way to go about things.

 

1. My dad's permanent address is the house he owns with my mother in Missouri (where we plan to live), and he is a Missouri resident. However, for the past 2 years he has been employed in California. He rents a place there while travelling back and forth to be with my mom. Will this cause any issues for him as our joint sponsor?
2. My dad hasn't listed me as a dependent in a couple of years (I'm 25), but we will technically be living in his house for a period of time after moving back to the U.S. Would it be better to list him as my co-sponsor and combine our household income (including my mom) since we are going to be living together (though he won't always be physically present)?

 

Thank you all so much for your help! I hope it won't be too long before my husband and I are in the U.S. and I can use my experience to give other folks a hand.

[Just Paul 4,591]

You file the I-864, but your income will  not count.  Your father  files the I-864 and provides his income taxes or assets.   The I-864 will show your spouse but not you being sponsored.  Your mother files an I-864A as a household member.  USCIS cares that there is a sponsor for him.   You are on your own

 

There are no cosponsors in a spousal visa.  Only Joint Sponsors and household members.

 

[amerikelinka 16]

2 minutes ago, Paul & Mary said:

You file the I-864, but your income will  not count.  Your father  files the I-864 and provides his income taxes or assets.   The I-864 will show your spouse but not you being sponsored.  Your mother files an I-864A as a household member.  USCIS cares that there is a sponsor for him.   You are on your own

 

There are no cosponsors in a spousal visa.  Only Joint Sponsors and household members.

 

Thank you! Very clear. So, there shouldn't be an issue that he works out-of-state?

[Just Paul 4,591]

1 minute ago, amerikelinka said:

Thank you! Very clear. So, there shouldn't be an issue that he works out-of-state?

As long as it us US based income.  Your father can probably sponsor based on assets.   If there were any questions you can list both.

[amerikelinka 16]

Just now, Paul & Mary said:

As long as it us US based income.  Your father can probably sponsor based on assets.   If there were any questions you can list both.

Thank you!

[DSB27 13]

15 hours ago, Paul & Mary said:

...Your mother files an I-864A as a household member....

Doesn't her mother only need to file an I-864A if her mother's income or assets are being taken into account in arriving at the sponsor's income or assets figure? Wouldn't her father's I-864 be sufficient since it seems that he earns over $100k in his individual capacity?

[pushbrk 12,113]

34 minutes ago, DSB27 said:

Doesn't her mother only need to file an I-864A if her mother's income or assets are being taken into account in arriving at the sponsor's income or assets figure? Wouldn't her father's I-864 be sufficient since it seems that he earns over $100k in his individual capacity?

That was already advised, but is not dependent on whether assets are used or not.  No need to list and document any assets when income is clearly sufficient.

[DSB27 13]

11 minutes ago, pushbrk said:

That was already advised, but is not dependent on whether assets are used or not.  No need to list and document any assets when income is clearly sufficient.

It's dependent on whether the sponsor's income is sufficient or not. Here it is, so OP's mother does not need to file an I-864A as a household member as advised, correct?

 

If she does, then I've done it wrong because my situation is the same as OP's.

Edited January 23, 2020 by DSB27

[pushbrk 12,113]

2 hours ago, DSB27 said:

It's dependent on whether the sponsor's income is sufficient or not. Here it is, so OP's mother does not need to file an I-864A as a household member as advised, correct?

 

If she does, then I've done it wrong because my situation is the same as OP's.

Joint sponsors filing joint tax returns with a spouse should include an I-864a from their spouse.  It's "best practice" not a "requirement" until a Consular Officer asks for it.  You can always take an I-864a to the interview just in case.