Loop hole in i-864 ?

[Sandy Bee 6]

Under the i-864 (Affidavit of support) requirements, It states that for two people(USC and Beneficiary), the petitioner must have a salary above 17.500 annually.

What if the petitioner never made that type of money and is a full time student? Does that some how revoke obligations?

Thanks for your time.

[john & jean 37]

no, it means you will need a cosponsor

[pushbrk 12,894]

Under the i-864 (Affidavit of support) requirements, It states that for two people(USC and Beneficiary), the petitioner must have a salary above 17.500 annually.

What if the petitioner never made that type of money and is a full time student? Does that some how revoke obligations?

Thanks for your time.

The number currently is actually $18,212 but no, there's no loophole. You'll need a joint sponsor (individual) who DOES qualify for their own household size PLUS your spouse. You either find one or get a job.

[Boiler 45,525]

No

[Sandy Bee 6]

I dont think you understand what I"m asking here guys, I ALREADY filled out all this information for the beneficiary. Things have went awry, and now I want to pull the aff. of support . Since I never made that type of money b/c I am a full time student, and I didn't have a co sponser for the immigrant, It was never plausible to begin with, right?

So Is it deemed void?

[LIFE'SJOURNEY 970]

I dont think you understand what I"m asking here guys, I ALREADY filled out all this information for the beneficiary. Things have went awry, and now I want to pull the aff. of support . Since I never made that type of money b/c I am a full time student, and I didn't have a co sponser for the immigrant, It was never plausible to begin with, right?

So Is it deemed void?

CORRECT Never plausible if you had no income or co-sponsor. It won't be void until you inform USCIS/Consular... b/c evidence of income would not be requested until the interview stage.

Edited April 12, 2010 by LIFE'SJOURNEY

[NigeriaorBust 4,087]

At the interview if you don't make enough AND don't have a co sponsor they deny the visa.

[Sandy Bee 6]

Sorry, guys!

I'm just so confused here... with all these "interviews"

We had the stokes interview a few Months ago in october, They didn't ask for proof of income. The Interviewer just made separate interviews, me alone and he alone, and when it was over, he said I would be getting a letter in the mail (Which I did, Approval of the i-130)ANd I heard the approval of i-130 is not uncommon...

Now are you talking about a different interview, one that is part of the AOS?

I heard that is a separate interview specifically for the AOS, the STOKES I think was for the i-130 Petition, alone.

Am I wrong? Please correct me if I am. I unfortunatley allowed his lawyer to be in charge of it all, and I didn't get informed as much as i should have. Completely my fault.

SOOO... THe interview you guys are reffering to, is a different interview, that is the AOS interview? Because the stokes interview is already done.

Edited April 12, 2010 by Sandy Bee

[sachinky 465]

If you didn't produce a joint sponsor but didn't make enough yourself either, his AOS will be denied from what I understand. Or they will RFE you for the I-864. If you choose, don't need to respond to it.

His approval of the I-130 will mean nothing if his AOS is denied.

You REALLY need to find where exactly you are in this process. How about a call to USCIS--ask to speak to a SUPERVISOR not a call center drone.

[Sandy Bee 6]

If you didn't produce a joint sponsor but didn't make enough yourself either, his AOS will be denied from what I understand. Or they will RFE you for the I-864. If you choose, don't need to respond to it.

His approval of the I-130 will mean nothing if his AOS is denied.

You REALLY need to find where exactly you are in this process. How about a call to USCIS--ask to speak to a SUPERVISOR not a call center drone.

[/quot

I will call tomorrow morning, I already have all my questions ready, so I will keep you guys informed, incase any future questions about things like this arise.

Thank you

[pushbrk 12,894]

Under the i-864 (Affidavit of support) requirements, It states that for two people(USC and Beneficiary), the petitioner must have a salary above 17.500 annually.

What if the petitioner never made that type of money and is a full time student? Does that some how revoke obligations?

Thanks for your time.

Actually, nobody really knows where you are in the process because you posted in the CR1 forum but your profile says AOS pending. Has a visa been issued? If so, which one? Forget all the other answers until you clear up the answers to those questions.

Your timeline is of no help as it's far from complete.

[Anh map 2,098]

The I-864 obligation does not end if your income drops below the minimum needed for initial approval. Once accepted you are the primary sponsor.

If your spouse has not yet received the green card approval you can pull your affidavit of support and then he could not adjust status and obtain the green card.

[Minya's wife 25]

Your Stokes interview was for the I-130 (Petition for Alien Relative) for which the approval merely establishes the eligibility for the benefits under the I-485 (Application to Register Permanent Residence or Adjust Status). Given that your husband was residing in the US at the time of your marriage, you filed both of these forms concurrently, right? Given that the I-130 needs to be adjudicated and approved first in order to proceed with the AOS, and your husband has issues stemming from his previous marriage/divorce/removal proceedings, they conducted a Stokes interview for the I-130, which it seems you passed. The next step now is the adjudication of the I-485, which is where the I-864 Affidavit of Support is looked at. If your income does not meet the requirements, an RFE wold be issued for a co-sponsor or updated financial documents from you, the primary sponsor. If the financial documents do not prove sufficient income to sponsor said immigrant, AOS will be denied. BUT since your husband has other issues stemming from his previous removal proceedings, AND since your marriage has now hit the skids, there is a good chance that his green card will not be approved.

As many have stated in this and your other thread....you need to consult with an attorney to explain the procedures and to explain your options. It seems you do not know very much about the process....and given the complicated nature of your situation, you need to be informed so you can extricate yourself from this mess. Get a lawyer, ASAP!

[Boiler 45,525]

Stokes Interview means you are well outside a DIY situation and need a lawyer.

Sounds like you have many complicated issues.

[Deputy Purple 1,294]

Just adding a link to OP's other thread: http://www.visajourney.com/forums/topic/240958-getting-anulled-before-master-hearing

@OP,

If your income isn't sufficient for the AOS then AOS will fail. You've already been advised to notify USCIS that you wish to withdraw your Affidavit of Support, that will kill the AOS process also.

Really sounds like you just need to get your marriage ended/annulled, withdraw your Affidavit of Support and then move on with your life.

Edited April 12, 2010 by Bob 4 Anna