Our joint sponser has cancelled on us!

[LindaB 0]

My husband and I are so upset, a good friend had agreed to be our joint sponser because my husband doesn't make enough to make the requirements. She has had the forms for over two weeks and today when I called to ask how she was coming with the forms because we needed to submit them to complete our case she told me after reading the forms she is having concerns and doesnt feel comfortable doing it (not that she doesnt trust us, it is the government she doesnt trust!). I told her that if anything ever happened to my husband I would just move back to Canada so she didnt have to worry. We are now trying to find another joint sponser, don't know what we will do if we can't find anyone. The crazy thing is that I am still going to work in Canada because we live so close to the border and do not need support. There is something in the instructions about using the intending immigrant's income if it is going to continue from the same source but when I called NVC before about it they said it had to be U.S. income (which doesnt make sense because how could it be U.S. income if you were not allowed to work in the U.S.). Here is the part in the instructions.

If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

I am going to call the NVC again in the morning to ask again, maybe I will get a different answer (hopefully the one we want to hear)

Just when we thought we were almost finished and it wouldnt be too long until we can live together permanently. I know it will work out in the end but it so stressful!

[Kathryn41 3,205]

Talk to Neiks - she still works in Canada. She may well be able to give you some direction in this matter.

[~Laura and Nick~ 5]

Aww Linda, I'm so sorry!!!

I'm sure you will figure it out.

Best of luck always!!!

[Jason-Sasha 1]

Sounds to me like your income combined with his will be sufficient. An it also sounds like you are within the government's guidelines, being that you'll work for the same company. Good luck to you. You'll make it.

[neiks 19]

My husband is a farmer so his personal income on his tax return was low and didn't meet the minimun income guidlines. We sent in a schedule of all his assests and investment accounts which would put us well over the guidlines. I also did send in my income info (past tax return) and included a letter from my employer stating where I worked, what my annual income was and that I was going to be continuing my employment with the department even after I obtained my residency status in the US. We had no trouble getting approval but I do not know for sure if it was due to my husbands assests or my continuing Canadian income.

I talked to the US officers on this and they told me to send it all in (including my income).... it may not help but it won't hurt to include it.

If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

I also took this as you could use your Canadian source income but I have also heard that is can only be US source income. I guess this would only apply then to a Canadian that would already be in the US working on a work visa and has US source income that way.

[Carlawarla 1]

I'm sorry to hear about this LindaB. Is there anything you can tell your joint sponsor that would illeviate her fears? It can be somewhat daunting for a lot of people that don't understand the process. Maybe if you asked what her concerns are and look for more information about that issue?

Hope you can resolve this one way or another!

Best wishes!

[CutienPurg 0]

I think what scares off potential sponsor's is the fear they will be held responsible for your living expenses under any circumstances. For instance if you cant pay your rent credit card bills etc.......the sponsor would not be held liable to those creditors.

An affidavit of support is a contract between the alien's sponsor and the U.S. government that says, "if the applicant can't support himself financially then the sponsor will - not the government". In practice this means that if the applicant receives cash benefits for income maintenance purposes the sponsor is liable to reimburse the government.

Who is a Public Charge?

There are only two bases on which the government may see you as a public charge:

reception of public cash assistance for income maintenance purposes, including

Supplemental Security Income (SSI),

Temporary Assistance for Needy Families (TANF), excluding some supplementary cash benefits and all non-cash benefits,

State and local cash assistance programs for income maintenance (General Assistance)

or

institutionalization for long-term care at government expense.

Short term institutionalization for rehabilitation does not count.

Who is not a Public Charge?

The government does not see you as a public charge if you have received any of the follwing.

Health care benefits such as Medicaid, Children's Health Insurance Program (CHIP), Food Stamps, Special Supplemental Nutrition Program for Women, Infants and Children (WIC), National School Lunch and Breakfast programs and other supplementary or emergency food assistance programs.

Housing assistance.

Child care services.

Energy assistance.

Emergency disaster relief.

Foster care and adoption assistance.

Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education.

Job training programs.

In-kind, community based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter.

IMPORTANT: Not all types of cash assistance received mean that you may be considered a public charge. The government only considers cash benefits intended for income maintenance purposes. There are programs that provide cash benefits for special purposes which are not income maintenance and thus not considered for public charge purposes. These 'safe' cash programs include: Low Income Home Energy Assistance Program (LIHEAP), transportation or child care benefits provided in cash under TANF or the Child Care and Development Block Grant (CCDBG), and on-time emergency payments made under TANF to avoid the need for on-going cash assistance

My income was not sufficient to meet the income level for support and we used my husband's Canada Forces pension(non US income) to supplement the shortfall without issue. I think the problem with foreign income arises when it is the sole source of income support, but again, that's just my guess based on our experience verses experiences others have had when trying to use foreign income.

Good Luck

[LindaB 0]

I think what scares off potential sponsor's is the fear they will be held responsible for your living expenses under any circumstances. For instance if you cant pay your rent credit card bills etc.......the sponsor would not be held liable to those creditors.

An affidavit of support is a contract between the alien's sponsor and the U.S. government that says, "if the applicant can't support himself financially then the sponsor will - not the government". In practice this means that if the applicant receives cash benefits for income maintenance purposes the sponsor is liable to reimburse the government.

Who is a Public Charge?

There are only two bases on which the government may see you as a public charge:

reception of public cash assistance for income maintenance purposes, including

Supplemental Security Income (SSI),

Temporary Assistance for Needy Families (TANF), excluding some supplementary cash benefits and all non-cash benefits,

State and local cash assistance programs for income maintenance (General Assistance)

or

institutionalization for long-term care at government expense.

Short term institutionalization for rehabilitation does not count.

Who is not a Public Charge?

The government does not see you as a public charge if you have received any of the follwing.

Health care benefits such as Medicaid, Children's Health Insurance Program (CHIP), Food Stamps, Special Supplemental Nutrition Program for Women, Infants and Children (WIC), National School Lunch and Breakfast programs and other supplementary or emergency food assistance programs.

Housing assistance.

Child care services.

Energy assistance.

Emergency disaster relief.

Foster care and adoption assistance.

Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education.

Job training programs.

In-kind, community based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter.

IMPORTANT: Not all types of cash assistance received mean that you may be considered a public charge. The government only considers cash benefits intended for income maintenance purposes. There are programs that provide cash benefits for special purposes which are not income maintenance and thus not considered for public charge purposes. These 'safe' cash programs include: Low Income Home Energy Assistance Program (LIHEAP), transportation or child care benefits provided in cash under TANF or the Child Care and Development Block Grant (CCDBG), and on-time emergency payments made under TANF to avoid the need for on-going cash assistance

My income was not sufficient to meet the income level for support and we used my husband's Canada Forces pension(non US income) to supplement the shortfall without issue. I think the problem with foreign income arises when it is the sole source of income support, but again, that's just my guess based on our experience verses experiences others have had when trying to use foreign income.

Good Luck

Well, today I decided to call the National Visa Centre again this afternoon to ask the question again about using my income on the Affidavit of Support because it will continue from the same source as quoted in the instructions. This time the operator agreed with me and went off the phone and confirmed with someone. All I have to do is add my income, include my T4 slip from last year and an letter from my employer stating that my employment will continue. So, we will give that a try. Gee, I wish I had called back again right after the first person told me no!

Will keep you posted on if it works or not. Keep your fingers crossed for us!

[Carlawarla 1]

Glad you got someone at NVC that confirmed their own thoughts Linda! We'll keep our fingers crossed. Let us know how this all pans out!