Joint Sponsor

[OldUser 11,022]

9 minutes ago, Caesar15 said:

What about If i have a job there waiting for me once i entered US. And if i send a letter from CEO that inwill be employed directly there. Should it be easier for me ?

The only thing that really matters is when you're actually employed. Promises do not carry as much weight IMHO.

[Vexillum 4]

To make it more clarified, im already a cofounder of a US company and i have shares in it and already working from my home country for that company, so my job is already there available and once i arrived directly i will take this job (actually more that i will continue taking this post but this time in US). And i already sent for the bonafide phase (i-130) files about shareholding agreement so guess they already know about my status. I chose the spouse visa path because i thought that it will be easier for me. So in conclusion my job is already there waiting for me and im using joint sponsor as extra help. What do you think ?

[Josh N 5]

I’m not sure I fully understand your immigration pathway, but on the surface it sounds quite complicated. My impression is that immigration officials will fairly strictly follow the published forms and processes, so the more a prospective immigrant steps outside the normal route and the less they conform to the usual processes, the greater the chance of denial because it doesn’t match what the officer is expecting.

 

If you’re applying for a spousal visa, the requirement is to demonstrate current financial compliance (i.e. at the point of interview/visa issuance). Whilst you may have a common sense explanation for your situation, it doesn’t necessarily sound like it fits the forms and processes that the immigration officers work from, so you’re running the risk of rejection simply because it may be unconventional. In other words, immigration contingent on employment is not the purpose of the spousal visa, so I'd imagine there is limited lenience for the situation you described.

 

Do you have anyone at all who could be a joint sponsor? This is your best bet if you cannot meet the income requirements with just you and your spouse at present.

 

When I spoke to my I-864 sponsor, it helped to explain that if I planned to naturalize asap, it’s only about three years for a spouse after the green card is issued. That means the financial obligation is often much shorter than the usual ten-year period of sponsorship, as long as you do ultimately qualify to naturalize in that timeframe.

 

Also, the liability to the sponsor only arises if the immigrant actually takes public charge benefits, so if you’re struggling to get agreement from a potential sponsor perhaps you could provide peace of mind by setting aside some sort of contingency fund so the prospective sponsor can essentially have a deposit if anything did happen - just ideas. The main point is that the immigration process is unlikely to show leniency even if it sounds sensible on the surface.

 

If you do intend to apply on the facts you've stated, you may benefit from hiring a lawyer to assist your application.