Consular Process Do I need a cosponsor/Joint sponsor?

[Maria Yanez 3]

Do I still need a joint sponsor/co sponsor if the beneficiary me (has a work permit-DACA) combines income with the petitioner in form I-864 to meet income requirements doing consular visa process?

[Boiler 45,657]

I would expect you will not be able to include his income as he will not be work authorised.

[Maria Yanez 3]

2 minutes ago, Boiler said:

I would expect you will not be able to include his income as he will not be work authorised.

I have employment authorization I've been working with a social since 2012 and report taxes, why wont it be included. 

[Boiler 45,657]

You will not be work authorised when you interview.

[Maria Yanez 3]

1 hour ago, Boiler said:

You will not be work authorised when you interview.

is this because I will be doing consular process what if I was doing the adjustment here in US?

Edited December 22, 2020 by Maria Yanez

[Maria Yanez 3]

14 minutes ago, Maria Yanez said:

is this because I will be doing consular process what if I was doing the adjustment here in US?

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. "

This is what the form says 

 

[carmel34 3,639]

15 minutes ago, Maria Yanez said:

is this because I will be doing consular process what if I was doing the adjustment here in US?

Short answer is yes because once you leave the US for the visa interview in Mexico, you will be living abroad and not in the US.  I advise getting a qualified co-sponsor in the US prior to leaving for your interview.  DACA situations are often complicated, so I also suggest consulting with an experienced immigration attorney in the US who knows everything about DACA beneficiaries who are applying for green cards via marriage to a USC.  Do this before you leave to avoid potential problems.  You've already mentioned in previous posts a waiver application so based on that you more than likely are not eligible for adjustment of status in the US which is why you are doing consular processing.  Did you enter the US illegally?  Specifics matter for DACA situations which is why a good lawyer can help.  Good luck!

[Boiler 45,657]

1 hour ago, Maria Yanez said:

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. "

This is what the form says 

 

It does, but I was answering your question, different if you were adjusting.

[Maria Yanez 3]

 

1 hour ago, carmel34 said:

Short answer is yes because once you leave the US for the visa interview in Mexico, you will be living abroad and not in the US.  I advise getting a qualified co-sponsor in the US prior to leaving for your interview.  DACA situations are often complicated, so I also suggest consulting with an experienced immigration attorney in the US who knows everything about DACA beneficiaries who are applying for green cards via marriage to a USC.  Do this before you leave to avoid potential problems.  You've already mentioned in previous posts a waiver application so based on that you more than likely are not eligible for adjustment of status in the US which is why you are doing consular processing.  Did you enter the US illegally?  Specifics matter for DACA situations which is why a good lawyer can help.  Good luck!

This is incorrect I just talk to an immigration Lawyer about this he said this is not true. So I wont be needing a cosponsor even if Im doing consular process. Thank you anyways. 

 

 

 

 

[betzzymathew 20]

58 minutes ago, Maria Yanez said:

So I wont be needing a cosponsor even if Im doing consular process

In the same situation. I am in US on a work permit and doing a consular interview. And have used the income from intending immigrant which is me on my I-864. 

 

A co-sponsor is not needed, but from what I have read online with various experiences, its highly recommended you get one (since CO has asked for one in a lot if not all cases). You dont want be delayed in another country while the petitioner searches for the joint sponsor. Far better to get one and leave with one before the interview. 

[Boiler 45,657]

y

22 minutes ago, betzzymathew said:

In the same situation. I am in US on a work permit and doing a consular interview. And have used the income from intending immigrant which is me on my I-864. 

 

A co-sponsor is not needed, but from what I have read online with various experiences, its highly recommended you get one (since CO has asked for one in a lot if not all cases). You dont want be delayed in another country while the petitioner searches for the joint sponsor. Far better to get one and leave with one before the interview. 

Interesting not sure I have seen any Canadians on DACA. Not that being Canadian prevents this.

[carmel34 3,639]

1 hour ago, Maria Yanez said:

So I wont be needing a cosponsor even if Im doing consular process.

The decision on whether you need a co-sponsor or not is made only by the officer at the visa interview, based on the totality of the circumstances.  An attorney cannot guarantee anything, only give advice.  As others have said, you would be wise to have a qualified co-sponsor with completed and signed I-864 and supporting financial documentation, in case you are asked for one.  If your visa is denied because of public charge concerns, and you do not have a co-sponsor ready to go, you will have to wait in Mexico until the situation can be fixed.  Good luck whatever you decide to do!

Edited December 22, 2020 by carmel34

[HRQX 4,145]

14 minutes ago, Boiler said:

Interesting not sure I have seen any Canadians on DACA.

There are more Canadian nationals with DACA than UK nationals with DACA (for comparison): https://www.uscis.gov/sites/default/files/document/data/daca_population_data.pdf

Edited December 22, 2020 by HRQX

[Boiler 45,657]

6 minutes ago, HRQX said:

There are more Canadian nationals with DACA than UK nationals with DACA (for comparison): https://www.uscis.gov/sites/default/files/document/data/daca_population_data.pdf

Reminds me of the last Amnesty, a guy posted who is English and was in Florida and went to sign up and had a real issue getting past the Security Guard who told him it was not for him.

[Maria Yanez 3]

23 minutes ago, Boiler said:

y

Interesting not sure I have seen any Canadians on DACA. Not that being Canadian prevents this.

There are DACA recipients from all over the world China, Africa etc.