co-sponsor problem

[mrs. wife! 3]

Hi everyone I'm the US citizen using my wife's account,

Our situation is that I quit my job to stay with my wife in Brazil six months ago. I did have income during 2009,8,7 that is above 125% of the poverty guideline. I also have assets(stocks) that are around 5x the annual guideline. We are having trouble with our cosponsor.

Do you think that we are OK using the above assets only or would we need a cosponsor?

Also, if we were denied would it be at the NVC or at the interview, and how long would it delay our process if we were denied?

I'm grateful for any guidance that anyone has.

[pushbrk 12,883]

Hi everyone I'm the US citizen using my wife's account,

Our situation is that I quit my job to stay with my wife in Brazil six months ago. I did have income during 2009,8,7 that is above 125% of the poverty guideline. I also have assets(stocks) that are around 5x the annual guideline. We are having trouble with our cosponsor.

Do you think that we are OK using the above assets only or would we need a cosponsor?

Also, if we were denied would it be at the NVC or at the interview, and how long would it delay our process if we were denied?

I'm grateful for any guidance that anyone has.

The determination will be made by the Consular officer.

[christeen 966]

If you are in doubt, get a co-sponsor and the info and bring it just in case... better to be safe than sorry, if they do not accept the AOS, then you will have to submit it at a later date, could cause a month or more depending on the consulate...

[mrs. wife! 3]

If you are in doubt, get a co-sponsor and the info and bring it just in case... better to be safe than sorry, if they do not accept the AOS, then you will have to submit it at a later date, could cause a month or more depending on the consulate...

The problem is that the current co-sponsor stepped back and is afraid of signing it.

We won't have the letter of employment to send to NVC, do you think we'll get a RFE or they would forward the process to the consulate anyway?

This is very overwhelming, we thought everything was settled and now the co-sponsor gets cold feet.

I just don't know what to do.

[pushbrk 12,883]

The problem is that the current co-sponsor stepped back and is afraid of signing it.

We won't have the letter of employment to send to NVC, do you think we'll get a RFE or they would forward the process to the consulate anyway?

This is very overwhelming, we thought everything was settled and now the co-sponsor gets cold feet.

I just don't know what to do.

I've never seen an RFE for an employment letter as it's optional. Current employment is far more important than a letter from the employer. Liquid assets are also considered. It sounds like you qualify on assets alone. Make sure they are documented.

Edited February 22, 2010 by pushbrk

[estrellademiel 7]

the employment letter is optional so dont worry for that..

[mrs. wife! 3]

I've never seen an RFE for an employment letter as it's optional. Current employment is far more important than a letter from the employer. Liquid assets are also considered. It sounds like you qualify on assets alone. Make sure they are documented.

Really? Do you think we qualify as sponsor? I am just so afraid to go to the interview and get denied because I need a co sponsor.

Should we go ahead and send our papers well documented without begging our co-sponsor's help?

That would be wonderful. I'm so disappointed with the co sponsor now.

[pushbrk 12,883]

Really? Do you think we qualify as sponsor? I am just so afraid to go to the interview and get denied because I need a co sponsor.

Should we go ahead and send our papers well documented without begging our co-sponsor's help?

That would be wonderful. I'm so disappointed with the co sponsor now.

Nobody can be certain of the outcome but 3 times the income requirement in liquid assets will meet the minimum guidelines. You have five times, so that's pretty comfortable.

[TOM&Riz 4]

Really? Do you think we qualify as sponsor? I am just so afraid to go to the interview and get denied because I need a co sponsor.

Should we go ahead and send our papers well documented without begging our co-sponsor's help?

That would be wonderful. I'm so disappointed with the co sponsor now.

a. INA 212(a)(4) (8 U.S.C. 1182(a)(4)) applies to all aliens seeking entry

into the United States. With respect to immigrant visa applicants, the

amount and type of evidence generally required is much greater than that

required in a nonimmigrant case. In all cases, however, you must base

their determination of the likelihood that the applicant will become a

public charge on a reasonable future projection of the alien's present

circumstances. You may not refuse a visa on the basis of "what if" type

considerations (e.g., "what if the applicant loses the job before reaching

the intended destination," or "what if the applicant is faced with a medical

emergency."). Instead, you must assess only the "totality of the

circumstances" existing at the time of visa application. (See 9 FAM 40.41

N4 below.) In short, you must be able to point to circumstances which

make it not merely possible, but likely, that the applicant will become a

public charge, as defined in 9 FAM 40.41 N2, above.

copied from: U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

[TOM&Riz 4]

Nobody can be certain of the outcome but 3 times the income requirement in liquid assets will meet the minimum guidelines. You have five times, so that's pretty comfortable.

b. The sponsor or joint sponsor may include his or her assets (and offsetting

liabilities), and/or the assets of any household members signing Form I-

864-A, as income to make up any shortfall toward meeting the Federal

poverty guidelines. The assets (bank accounts, stock, other personal

property, real estate) must be available in the United States for the

applicant's support and must be readily convertible to cash within one

year. In most cases, the sponsor must present evidence as described in

9 FAM 40.41 N4.6-2, establishing location, ownership and value of each

asset listed, including liens and liabilities for each asset listed. The

combined cash value of all the assets (i.e., the total value of the assets

less any offsetting liabilities) must total at least five times the difference

between the total household income and the minimum Federal poverty

income requirement.

again from the U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

[TOM&Riz 4]

Nobody can be certain of the outcome but 3 times the income requirement in liquid assets will meet the minimum guidelines. You have five times, so that's pretty comfortable.

in fairness I must also quote the adjudicators field manual as saying :

Example for a household size of 4:

125 percent of 2006 Poverty Guideline $25,000

Sponsor's income $19,500

Difference $5,500

Multiply by 5 x 5

Minimum Required Net Value of Assets $27,500

There are two exceptions, however:

• If the adjustment of status applicant intends to immigrate as a spouse of a U.S. citizen or as the child of a U.S. citizen who will not become a citizen under section 320 of the Act because the child has already reached his or her 18th birthday, the “significant assets” requirement will be satisfied if the assets equal three times, rather than five times, the difference between the applicable income threshold and the actual household income.

Example for a household size of 4:

125 percent of 2006 Poverty Guideline $25,000

Sponsor's income $19,500

Difference $5,500

Multiply by 3 x 3

Minimum Required Net Value of Assets $16,500

[pushbrk 12,883]

b. The sponsor or joint sponsor may include his or her assets (and offsetting

liabilities), and/or the assets of any household members signing Form I-

864-A, as income to make up any shortfall toward meeting the Federal

poverty guidelines. The assets (bank accounts, stock, other personal

property, real estate) must be available in the United States for the

applicant's support and must be readily convertible to cash within one

year. In most cases, the sponsor must present evidence as described in

9 FAM 40.41 N4.6-2, establishing location, ownership and value of each

asset listed, including liens and liabilities for each asset listed. The

combined cash value of all the assets (i.e., the total value of the assets

less any offsetting liabilities) must total at least five times the difference

between the total household income and the minimum Federal poverty

income requirement.

again from the U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

Read further. For a spouse or fiancee, it's three times, not five times.

[TOM&Riz 4]

Read further. For a spouse or fiancee, it's three times, not five times.

I Read and re-read 9 FAM 40.41 N5.6 Assets Evidence (CT:VISA-1317; 09-24-2009) several times just to make sure, where does it say either in the U.S. Department of State Foreign Affairs Manual or the adjucators field manual where a fiancee is included ? I read a imeadiate relative spouse or child but i can't seem to find the word fiancee anywhere ???

[pushbrk 12,883]

I Read and re-read 9 FAM 40.41 N5.6 Assets Evidence (CT:VISA-1317; 09-24-2009) several times just to make sure, where does it say either in the U.S. Department of State Foreign Affairs Manual or the adjucators field manual where a fiancee is included ? I read a imeadiate relative spouse or child but i can't seem to find the word fiancee anywhere ???

The standards used are the same for spouse and intended spouse.

[christeen 966]

The OP is applying for CR1 so it is spouse... From my experience we qualified showing 3x the assets alone (@ 56K)... And since you have income PLUS assets, I would feel OK about submitting. Besides, if your co-sponsor bailed, then you have no choice but to give it try... If there is an issue, NVC will let you know that you might have to show more asset or income proof at the consulate as they are the ones who decide, not NVC... But just have all your proof of income and proof of assets reaady to go...