AOS Sponsor Backed Out

[Buckles 0]

Hello everyone,

I have encountered a problem in my current visa application, but before I get into it let me give a brief summary of myself and said application.

I am a British citizen, married to a US citizen. We have a 2 year old son. He lives with his mother in Seattle, I am living in England. We have successfully applied for myself to go there, and are on the AOS stage of the procedure. I have paid the $88 filing fee.

Now, the 'problem'. My brother-in-law (husband of my wife's sister) had said he'd be the AOS. He is the only person in our entire network who can fill the role. However, he has recently recanted his offer to be the joint sponsor, and I have no alternative. My question is, what the heck happens now? I am completely stuck in the mud. My wife has a part-time job, which is all she can manage at the moment since she is raising our 2 year old son effectively a single mom in my continued absense. She is applying for full-time work, but the current job market is brutal and tough. Also, I cannot afford my rent in England, her rent in America AND full-time daycare, and her ability to find a full-time job is hindered by the fact I am not there. She needs a job for the US government to allow me to come, but she is in a position where she simply cannot commit to a full-time position due to the fact I'm not there. Catch-22.

With no joint sponsor am I right in believing our only option is to wait and pray for her to have a full-time job that will meet the financial requirements of the AOS? Added to this, she would have to have been in this full-time job long enough to have met the AOS financial requirements (i.e. a chunk of months that will yield tax forms to use as evidence in the AOS) If this is true, this will be another 6-12 months on top of the 14 months I have already been separated from my family.

I know some poor souls have and are kept from their families for so much longer, even indefinitely, but honest to God there's no reason to keep me from me wife and son. I am a film editor. I have just written my first screenplay and I work from home on all my projects. They come to me, not the other way around. I have been the principle provider for my family for 4 years, the last 1 and a half from England. Is there no way that the AOS will go by my earnings, because my job is global, I write and edit films from home, I don't work in an office limited to the UK. It's not as if when I move I'll be giving up my job therefore becoming a financial liability until I find a job in the US. My job will come with me.

Has anyone been in this situation before? There is no department or form I can find that touches on the issue of the US spouse being rendered a single parent and out of full-time work during the absence of the intending immigrant. Like I said, bloody tough catch-22 to be caught in.

[milimelo 4,413]

Wife needs to find another co-sponsor. Have her ask her friends, the rest of the family, colleagues at work. Without covering you with I-864, you will be denied the visa until you have the joint sponsor.

[Buckles 0]

That's the thing, we've asked everyone we can think off. They're all put off by the responsibility involved if I were to become ill, injured, or incur any form of heavy bills. Despite the fact I can support myself, and my family in England would be the first to cover excess expenses in the event the worst should happen, but that fear of incurring huge bills to pay on my behalf has gotten our original sponsor to recant his offer. And in asking everyone we can think of, the list really boils down only to the brother-in-law, my wife's family isn't large, and once you remove the retired, stay-at-home moms, and part-time workers, there was only one possible candidate.

[milimelo 4,413]

That's the thing, we've asked everyone we can think off. They're all put off by the responsibility involved if I were to become ill, injured, or incur any form of heavy bills. Despite the fact I can support myself, and my family in England would be the first to cover excess expenses in the event the worst should happen, but that fear of incurring huge bills to pay on my behalf has gotten our original sponsor to recant his offer. And in asking everyone we can think of, the list really boils down only to the brother-in-law, my wife's family isn't large, and once you remove the retired, stay-at-home moms, and part-time workers, there was only one possible candidate.

Have them read the instructions and form I-864. While it does require information on their finances, your wife remains your primary sponsor - if any means-tested benefits you use, the govt will first come after her before moving on to co-sponsor. Throw in there that you'll be naturalizing as soon as possible - 3 years minus 90 days - should help as well. Also, as a new immigrant you wouldn't even qualify for the benefits until you have been a LPR for 5 years.

[Jojo92122 1,924]

Hello everyone,

I have encountered a problem in my current visa application, but before I get into it let me give a brief summary of myself and said application.

I am a British citizen, married to a US citizen. We have a 2 year old son. He lives with his mother in Seattle, I am living in England. We have successfully applied for myself to go there, and are on the AOS stage of the procedure. I have paid the $88 filing fee.

Now, the 'problem'. My brother-in-law (husband of my wife's sister) had said he'd be the AOS. He is the only person in our entire network who can fill the role. However, he has recently recanted his offer to be the joint sponsor, and I have no alternative. My question is, what the heck happens now? I am completely stuck in the mud. My wife has a part-time job, which is all she can manage at the moment since she is raising our 2 year old son effectively a single mom in my continued absense. She is applying for full-time work, but the current job market is brutal and tough. Also, I cannot afford my rent in England, her rent in America AND full-time daycare, and her ability to find a full-time job is hindered by the fact I am not there. She needs a job for the US government to allow me to come, but she is in a position where she simply cannot commit to a full-time position due to the fact I'm not there. Catch-22.

With no joint sponsor am I right in believing our only option is to wait and pray for her to have a full-time job that will meet the financial requirements of the AOS? Added to this, she would have to have been in this full-time job long enough to have met the AOS financial requirements (i.e. a chunk of months that will yield tax forms to use as evidence in the AOS) If this is true, this will be another 6-12 months on top of the 14 months I have already been separated from my family.

I know some poor souls have and are kept from their families for so much longer, even indefinitely, but honest to God there's no reason to keep me from me wife and son. I am a film editor. I have just written my first screenplay and I work from home on all my projects. They come to me, not the other way around. I have been the principle provider for my family for 4 years, the last 1 and a half from England. Is there no way that the AOS will go by my earnings, because my job is global, I write and edit films from home, I don't work in an office limited to the UK. It's not as if when I move I'll be giving up my job therefore becoming a financial liability until I find a job in the US. My job will come with me.

Has anyone been in this situation before? There is no department or form I can find that touches on the issue of the US spouse being rendered a single parent and out of full-time work during the absence of the intending immigrant. Like I said, bloody tough catch-22 to be caught in.

The I-864 requirement is mandatory. There is no exceptions that you can apply for. Your wife or a joint sponsor must meet or exceed the 125% poverty line. You cannot immigrate without meeting this requirement.

I hope you understand the situation your brother in law is in. While you can assure him that you would never financially impact him, there is no way you can give him an absolute guarantee. Check out a recent post. The foreign spouse immigrant and her unemployed husband are trying to sue the joint sponsor for support. This is why people are and should be careful when putting themselves at risk for others when signing the I-864.

[Buckles 0]

I understand. Thanks for confirming. It's unfortunate, right. I'm just happy my little boy is too young to really understand why I'm not there right now.

[Harsh_77 716]

I understand. Thanks for confirming. It's unfortunate, right. I'm just happy my little boy is too young to really understand why I'm not there right now.

Seems you are well settled in UK over your wife here in USA, better option for you would be to move your wife and son to UK and then you would not miss out on spending time with your son.

You have good job and making enough money to live comfortably, you dont have to worry about making to rent payments and you can enjoy your life better in UK.

[NigeriaorBust 4,087]

There is ( or at least used to be ) language in the I 864 about using the intending immigrants income of it can be reasonably expected to continue once in the US. Not sure how to document it that your will continue. Here are the words from the instructions

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

[*Snowdrop* 604]

There is ( or at least used to be ) language in the I 864 about using the intending immigrants income of it can be reasonably expected to continue once in the US. Not sure how to document it that your will continue. Here are the words from the instructions

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

This is worth looking into as London is one of the embassies which are more open to the beneficiary contributing to the I 864 - I've certainly heard people have been successful using assets in London this way. If you can prove your income will continue then you may be able to do it that way. Also perhaps you have assets you can use - savings etc?

It's worth asking around again for a co-sponsor as that would probably be the easier option.

[Lita123 0]

I don't really know, but, would getting a U.S. based job offer help?

[Jojo92122 1,924]

I don't really know, but, would getting a U.S. based job offer help?

Not really since job offers can be rescinded.

[bigdog 376]

There were some good solutions and ideas especially about the London Embassy. Maybe hang in London with your family until things sort out. Best of Luck.

[AMP 54]

I would say the something everyone else is saying have her move to uk. The economy might be a bit better there. Good luck