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Filed: Timeline

Hey everybody :)

I've got a question:

Does a Co-Sponsor "Support" or "Replace" the main-sponsor?

If somebody does have a Co-Sponsor, does the main-sponsor's financial situation still matter or is it juat all about the co-sponsor then?

(I know we have my husband has to file, I just wonder if that is "just so they have it all on paper" or because it does matter what's on the papers)

Let's say we have IRS debt (and no settelment plan so far :bonk: ) and owe the IRS 1MIO (which we dont, thank God).

My husband easily fullfills the income requirement, but it sounds like the NVA would subtract the 1MIO off my husband's income and he would not fullfill the 125% anymore.

So, that is when the Co-sponsor enters the game. The question is: does he just have to prove that he makes more than 125% or does he also have to come up for that 1MIO that my husband owes?

And second of all: Is it neccessary to have a settelment plan for the NVC or will that not matter anymore since we will have a Co-Sponsor?

I really need your guys' help here.. :(

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

You have to submit your husband's info as well as the co-sponsors info. I believe combined you have to be at or over the 125% of the poverty line.

NVC

10/04/2010: Case# received, Both email id provided

10/05/2010: DS-3032 COA emailed to NVC

10/11/2010: IIN received

10/11/2010: AOS review fee ($88) online payment - IN PROCESS

10/14/2010: AOS status 'PAID'

10/16/2010: DS-230 IV fee ($404) online payment - IN PROCESS

10/19/2010: DS-230 IV status 'PAID'

10/20/2010: AOS & DS-230 IV package sent

10/22/2010: AOS & DS-230 IV package delivered. Signed by: J Desmond.

11/10/2010: SIF!!!

11/14/2010: received checklist for missing passport office PCC.

11/10/2010: NVC Completion

12/09/2010: NVC Forwards Case to Consulate

CONSULATE

11/22/2010: Passport Office PCC to be in hand

12/22/2010: Medical Completed

12/28/2011: VFS Office Visit - Submit all required documents

01/10/2011: Interview Date - APPROVED

j1/11/2011: Passport arrived at home.

01/25/2011: Wife Comes to USA (POE: Newark, NJ)

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They don't care about what you owe. They don't even see what you owe unless it's being garnished off of your pay stubs. They look at his Tax Return and Pay Stubs for income, but they don't look at your bills.

You are required to still use the Petitioner's I-864 as the primary sponsor, but if they see that his income is not sufficient they just switch over and look at your co-sponsor. At that point, no, your husband's income wouldn't matter so much.

Angela & Peter

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02/16/10: B2 Visa Interview: DENIED - K1 Required

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05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

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01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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

June, I am not completely sure about the co-sponsor detail, but from a brief bit of research online it appears that the focus for financial responsibility will be on your co-sponsor alone. The co-sponsor must prove they alone by themselves can provide 125% above the poverty line limit.

The fact that your husband owes the IRS some debt (in my eyes) is not relevant in this situation. It is an issue for your husband to deal with and settle with the IRS, but of course because of this debt he cannot qualify as a sponsor. It will be obvious in your I-864 affidavit that you want the Reviewing Officer to focus on the co-sponsor's assets.

They just want to make sure that the alien will not become a public charge and have someone accountable to provide for the immigrant in a legal binding contract.

If you are still in doubt about this and are not sure, I would point you to a resource that I found fairly interesting and helpful. You can go to www.immigration.com and the lawyer who runs that site does Live Webinar Chats twice monthly for free. If you catch it for next time, you can post your question on the special forum before the Chat or come live on the Chat to ask him.

CR-1 Visa Was Approved :-)

Entry Date to USA: 2/3/2011

12-10-2012 - Sent off I-751 packet visa USPS

I751 Was approved - 10 Year GC was granted

N-400 Progress

4/10/2014: Package Mailed
4/11/2014: Package Received
4/14/2014: Notice Date
x/x/2014: Biometrics appointment
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Filed: Timeline

Thank you so much for the answers!!

I have been worrying like crazy (and still am), but it is so nice to get some positive news.

Bobby...I feel really stupid, but could you give me the link to that chat/dates/how-it-works (I am all over the place :( )

So, you guys think we should just go ahead and file with a Co-Sponsor and see what happens (if that satisfies them or if a settlement it required....although: what does the NVC care about the IRS's problems?)

Thanks again for your answers, they are worth a million bucks to me

EDIT: I found the chat-information, thanks so much again Bobby.

[Here's the sad part: we do have an attorney. Mainly for his logo and signature but still sad that we cant ask him those questions. Oh well]

Edited by JuneFirst
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Filed: Citizen (pnd) Country: India
Timeline

just wondering.. if you have a JOINT sponsor, does it replace the USC spouse's income..? or again, is it added up with spouse's income to check if it meets 125% ? In that case, what is the difference between the two.

I know co-sponsor is one who is a household member.. but then a household member needn't co-sponsor; he cud be a JOINT sponsor as well..ryt?

I have this situation where my USC Spouse lives with her parents.. but she is not a dependant of her dad as per tax records - they file tax separately since two years.

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