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karppi

Alternative options to joint sponsor for I-864

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Hi,

 

My spouse and both live abroad. After being together 5+ year we eloped a couple years ago, mainly for my visa abroad. Now we are looking to move to the US, but since we eloped and didn’t tell any friends or family (bar a few non-US citizens friends who aren’t household members) we are now struggling with the AOS.

 

We both live and work abroad with only foreign income, so even though we have high paying jobs none of it counts. We are in our late twenties so we also do not have much savings or other assets readily available to cover the $65k shortfall.

 

We have value in a car $14k and some savings of about $12k. Meaning, we will have to save like hell, which depending on how long our I-130 takes to process (submitted May 2021 to Nebraska), would be 2-7 months to save $39k at minimum. 
 

My question is how much do personal and student loans account towards assets? I realise the value of a house is offset by the remaining mortgage value, does it work the same for personal or student loans? I have student loans still which if they have to be included in the asset calculation would mean we couldn’t make the asset route work. Another issue even if student loans aren’t counted, is that I’ve seen that the balance of your assets must be $65k for the past 12 months. So say even if we saved up in the next 7 months it wouldn’t matter since we have to prove those assets existed the past 12 months. Is this true??

 

Also, in the case of personal loans, do those need to be reported like the mortgage (and possibly student loans)? I feel an easy work around would just be to take out a personal loan (that we can afford with our foreign salaries) and use that cash toward building our assets. 
 

Long story short, what are our options to fulfilling the AOS if a joint sponsor isn’t possible? 

 

Much appreciated. 

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We initially tried to include savings for the Affidavit of Support, but received an RFE requesting 12 months of bank statements to show that we had had those assets for a while.

 

The most logical thing to do, would be the USC moving back to the US before you reach the NVC stage. The USC can then start working in the US and use current income for the affidavit of support. 

 

Also, joint sponsors do not have to be household members or US Citizens. If you have friends who are LPRs and willing to be a joint sponsor, that could be an option too.

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2 hours ago, Marieke H said:

The most logical thing to do, would be the USC moving back to the US before you reach the NVC stage. The USC can then start working in the US and use current income for the affidavit of support. 

How long does it usually take for NVC processing? I’m having trouble finding the timeline between a IR-1 case being transferred to NVC after I-130 and the consular interview (assuming receive GC 1 month after interview). 
 

Moving ahead of time is an option, but would prefer not to move over 6 months ahead of time (which may be the case anyway in order to show I can self-sponsor via US salary). 

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Filed: Other Country: China
Timeline

Loans are liabilities, not assets.  Sounds like you need to move back to the USA and get a job ASAP, or get a joint sponsor.

 

Alternately, you can delay at NVC until you have the necessary liquid assets saved.

Edited by pushbrk

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13 hours ago, arken said:

I hope you know you need to submit i864 to NVC and the interview won't be scheduled until NVC is satisfied with the i864 and other civil docs for sure. You need to worry about pre NVC processing not the one between NVC and interview.

Yes I am aware, I'm wondering how long it usually takes for the NVC to process the I-864? As a spouse, according to the visa bulletin it would be F2-A and therefore current. From my interpretation current (by the month) it would take 1 month to process the I-864 for a spouse after it is submitted, but what is it in reality?

 

Also, I am aware that more civil documents must be submitted after the I-864 is approved by the NVC. This too seems to be current, so I imagine a month's time?

 

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12 hours ago, pushbrk said:

Alternately, you can delay at NVC until you have the necessary liquid assets saved.

Yes, this is something I was wondering. How long can you delay submitting your I-864? I understand this adds time to the overall process, but if it is the only option in order to build up assets, we may be willing for the process to take longer. Does delaying at the I-864 stage cause any further delays down the line/does any information expire requiring RFE?

Edited by karppi
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20 minutes ago, karppi said:

I am aware that more civil documents must be submitted after the I-864 is approved by the NVC.

 

You must submit all the required financial AND civil documents for NVC to begin review of your documents.

 

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Filed: F-2A Visa Country: Nepal
Timeline

While NVC may take 1-3 months for review, the interview may happen within 2 months of NVC completion or after 6 months or more depending upon the embassy backlogs. With covid, majority of the embassies are quite backlogged.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: IR-1/CR-1 Visa Country: Ireland
Timeline
53 minutes ago, karppi said:

How long can you delay submitting your I-864?

Pretty sure that you can delay the NVC stage indefinitely, you just have to touch the case within a year or it will be closed/deemed abandoned. Note that the docs have to be current when you go to the interview, so a Police Certificate can't be more than 6-12months old, the tax information has to be from the most recent tax year, etc.

 

In this case, if you really can't find a Joint Sponsor, I think that it's best for the USC to return to the US, both to re-establish domicile and to get started on building US income. Would probably easier and more reliable than waiting longer in trying to build up assets.

👐

Patience......patience.

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
23 hours ago, karppi said:

(bar a few non-US citizens friends who aren’t household members)

Are your few non-US citizen friends permanent residents (green card holders) living in the US? If so, they can act as joint sponsors if their incomes can help with your I-864.

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

I filed for my husband´s IR-1 while living abroad (with my husband). We had assets well over the threshold and when we recieved the DQ from NVC, there was a note stating that I did not meet the financial requirement. When I called NVC they highly suggested we get a joint-sponsor. Ultimately it is the interviewing officer´s discretion if he/she thinks your assets are enough. We didn´t want to delay anything further so we filled out another 864 which included the joint sponsor infomation and brought it to the interview - just in case. We ended up not needing it, but I highly advise you to do this - otherwise it could delay the process further.

 

Another issue was establishing US domicile, as we had been out of the USA for >5 yrs. We own an apartment in the US and brought the deed with us. We also included  our child´s school acceptance letter. You will need to establish domicile in the US - prove that you´re really going to live there when your visa is approved.

 

Also: it took just about 1 yr to get DQ from NVC and almost 1 yr for the interview (this was all during 2020 COVID, so hoping the times are shorter now).

 

Good luck!

 

 

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Filed: Other Country: China
Timeline
10 hours ago, karppi said:

Yes, this is something I was wondering. How long can you delay submitting your I-864? I understand this adds time to the overall process, but if it is the only option in order to build up assets, we may be willing for the process to take longer. Does delaying at the I-864 stage cause any further delays down the line/does any information expire requiring RFE?

No "further" delays.  You can delay a year with no issues and longer if you stay in contact with NVC.  The only thing that could expire is the police report from your country of current residence, but you can simply acquire it according to your planned timeline to avoid that.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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