Question about sponsor and minimum income

[Todor Kolef 0]

Hello everyone,

I am happy to join this form and ask a question here as I found this place a great source of information and help. I thought I will find the answer to my question already answered somewhere, but I couldn't so...

I am on a F-1 Visa studying and maintaing status. Recently I married an American citizen and started gathering the necessary forms for submitting my documents for change of status and green card, but I have the following problem.

On Form I-864 my wife (also the primary sponsor) should list her current household income, currently is $29,000 per year, which is above the poverty line. She also needs to submit her last 3 tax returns, but the thing is she started this 29K job a month ago and although her current household income is above the poverty line she was making $17,000 on her 2009 tax return and similar to her other two tax returns, which is below the poverty line.

So my question is should I be looking for a joint sponsor or it is enough that she is currently making $29,000 although it is not visible from her tax returns.

Thanks for the help!

Todor

Edited September 21, 2010 by Todor Kolef

[LotofPatience 65]

Hello everyone,

I am happy to join this form and ask a question here as I found this place a great source of information and help. I thought I will find the answer to my question already answered somewhere, but I couldn't so...

I am on a F-1 Visa studying and maintaing status. Recently I married an American citizen and started gathering the necessary forms for submitting my documents for change of status and green card, but I have the following problem.

On Form I-864 my wife (also the primary sponsor) should list her current household income, currently is $29,000 per year, which is above the poverty line. She also needs to submit her last 3 tax returns, but the thing is she started this 29K job a month ago and although her current household income is above the poverty line she was making $17,000 on her 2009 tax return and similar to her other two tax returns, which is below the poverty line.

So my question is should I be looking for a joint sponsor or it is enough that she is currently making $29,000 although it is not visible from her tax returns.

Thanks for the help!

Todor

Does your sponsor have any other assets like bank deposit, home etc. other than the car?

You are good in the current year, but job with $29K started recently.

Last year income is $17K, but need $18,212 to overcome the poverty line for your household of 2.

Difference is $1,212. If she can show asset(s) that is 3 times of $1,212 = $3,636 you don't need a joint sponsor. Otherwise, it may be needed.

Loto

[CanadianRedneck 8]

IF you have any assets they may be included as well or taken into consideration..

[Todor Kolef 0]

We have $10,000 in bank savings in a common bank account. Also the tax return of 2009 was when she was single so basically was household of 1.

It is very confusing.

[LotofPatience 65]

We have $10,000 in bank savings in a common bank account. Also the tax return of 2009 was when she was single so basically was household of 1.

It is very confusing.

Your household is 2 - the petitioner and the beneficiary.

Out of $10K bank a/c, how much is United States Citizen sponsor's amount? Do you have last 12 months bank statements as well?

Loto

[Todor Kolef 0]

Most of those money are hers, do we need to send the last 12 bank statements ?! Can't we just request a bank letter saying there is that much into the account?

[LotofPatience 65]

Most of those money are hers, do we need to send the last 12 bank statements ?! Can't we just request a bank letter saying there is that much into the account?

Then you crossed the poverty line threshold and may not need a joint sponsor.

But she has to show last 12 months bank statements (it is a requirement), particularly highlighting her deposits, withdrawals etc.

Your portion of the account also will be considered. But only 1/5^th (20%) of your deposit.

Good luck!

Loto

[Todor Kolef 0]

You are crushing my optimism with those last 12 statements. We just opened that account after we got married about 2 months ago.

[LotofPatience 65]

You are crushing my optimism with those last 12 statements. We just opened that account after we got married about 2 months ago.

Unfortunately, it is not my fault, my friend

It is the requirement of Adjudicator's Field Manual for Affidavit of Support.

However, you may specify in the cover letter or so about this recent bank a/c open thingie. Another things is since she is very well above the poverty line this year, it is positive to you both as well.

Good luck!

Loto

[Todor Kolef 0]

Unfortunately, it is not my fault, my friend

It is the requirement of Adjudicator's Field Manual for Affidavit of Support.

However, you may specify in the cover letter or so about this recent bank a/c open thingie. Another things is since she is very well above the poverty line this year, it is positive to you both as well.

Good luck!

Loto

Thanks for your help. If anyone else can give his opinion I will appreciate it.

[Luckywife2007 6]

Unfortunately, it is not my fault, my friend

It is the requirement of Adjudicator's Field Manual for Affidavit of Support.

However, you may specify in the cover letter or so about this recent bank a/c open thingie. Another things is since she is very well above the poverty line this year, it is positive to you both as well.

Good luck!

Loto

Lotopatience,

Where can I find Adjudicator's Field Manual for Affidavit of Support that references this?

Thanks so much!

[Anh map 2,098]

Did your spouse recently graduate from school? What type of job did the USC recently begin? The reason for asking is that if her job is a step along a career path and/or the first job out of school the shortish tenure may not be an issue. If the job is one that is considered very stable that will also be a plus.

Regarding the $10K, what you would like to be able to show is that it isn't just a chunk of money plopped into your account to satisfy the affidavit of support. That's where Loto is going with quoting the 12 months guideline. If it's the result of wedding gifts, aquiring it recently makes sense. If it was held by one of you in a personal account and now transferred into a joint account simply show that trail of statements.

From the Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ 20.5 Enforceable Affidavits of Support

(5) Part 7 of Form I-864: Use of Assets to Supplement Sponsor’s Income .

If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, he or she may show evidence of assets owned by the sponsor, and/or members of the sponsor’s household, that are available to support the sponsored immigrant(s) and can be readily converted into cash within 1 year.

For assets of the intending immigrant and/or household member to be considered, the household member must complete and sign Form I-864A. USCIS should check to make sure that the Form I-864A is completed and signed by the sponsor and the household member.

(A) Evidence of assets .

Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. In each instance, the evidence should establish the location, ownership, and value of each listed asset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to:

· Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

· Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;

· Evidence of ownership and value of other personal property and dates acquired; and

· Evidence of ownership and value of any real estate and dates acquired.

[LotofPatience 65]

Lotopatience,

Where can I find Adjudicator's Field Manual for Affidavit of Support that references this?

Thanks so much!

Luckywife, here it is: http://www.uscis.gov...ppafm062706.pdf

Page# 21.

Loto

Edited September 22, 2010 by LotOfPatience

[LotofPatience 65]

Thanks Anh map!

Actually you provided me the Adjudicator's Field Manual

Loto

[lucky Jimmy 7]

Unfortunately, it is not my fault, my friend

It is the requirement of Adjudicator's Field Manual for Affidavit of Support.

However, you may specify in the cover letter or so about this recent bank a/c open thingie. Another things is since she is very well above the poverty line this year, it is positive to you both as well.

Good luck!

Loto

Is it possible that the $10K can be put into a CD or some other form and then used as an asset? This might eliminate the need for 12 months bank statements.