Joint Sponsor Dilemma

[Smoochie1209 0]

Yes I am applying for the CR1 Visa and I believe they have to accept a joint sponsor as apposed to the K visa's. We have been married since Dec 09'.... I knew the job I was at before we got married wasn't enough so I quit and got a better one, in which I'm in a 90 Day trial period until my full pay and benefits are in effect. I know I have to be a self sustained person to start with regardless of the visa process. It's just common sense that someone has to support the family and I have taken that role as a husband and a father. The whole point of this thread was to get more information on what a joint sponsor is responsible for on paper, but also what I can do to ease the fear for my father. A good friend in my church has done the same for his daughter because she married a guy who was making the money but she had to prove she could support him while she was a stay at home wife with a small clothing business that barely amounted to a full time minimum wage job. So he did a joint sponsor. He said even though he knew how serious this was, he didn't worry because they've never had finical problems nor caused any unnecessary debt. The point being, back to my question, "what can I do to ease the fears my father has" I don't want to lean on him financially, I just need his help so my wife can be here and we both have incomes to sustain ourselves. That's all

[pushbrk 13,267]

Yes I am applying for the CR1 Visa and I believe they have to accept a joint sponsor as apposed to the K visa's. We have been married since Dec 09'.... I knew the job I was at before we got married wasn't enough so I quit and got a better one, in which I'm in a 90 Day trial period until my full pay and benefits are in effect. I know I have to be a self sustained person to start with regardless of the visa process. It's just common sense that someone has to support the family and I have taken that role as a husband and a father. The whole point of this thread was to get more information on what a joint sponsor is responsible for on paper, but also what I can do to ease the fear for my father. A good friend in my church has done the same for his daughter because she married a guy who was making the money but she had to prove she could support him while she was a stay at home wife with a small clothing business that barely amounted to a full time minimum wage job. So he did a joint sponsor. He said even though he knew how serious this was, he didn't worry because they've never had finical problems nor caused any unnecessary debt. The point being, back to my question, "what can I do to ease the fears my father has" I don't want to lean on him financially, I just need his help so my wife can be here and we both have incomes to sustain ourselves. That's all

I apologize for confusing you with somebody else in a similar situation but for a fiancee. You currently don't have a joint sponsor, so you're on your own. The problem your father faces and that you face in convincing your father to sign a binding contract with language he's uncomfortable with, is that his discomfort IS justified. The contingent liability is real. People who are willing to sign such an affidavit, generally do so because they are confident of the primary sponsor's ability and intention to fulfill their obligations, so that there's little chance the contingent liability will become an actual one.

It's very much like cosigning for a loan but the potential liabilities are significantly more costly. In the worst case, your wife comes to the USA, soon divorces you and never chooses to work. She finds a good divorce attorney that uses the I-864 to obtain a judgement against both the sponsor and joint sponsor to support her at 125% of the poverty level until one of the triggers that ends the obligation occurs. She can then avoid those triggers making the obligation last until you can overturn it in court or both you and your father die.

If the primary concern is really about potential hospital bills, you might explain and document to your father, just how and when your wife will be covered by your company's medical plan.

It's time for you to carefully study the I-864 instructions and to understand the difference between "income" and "assets". Your tax return is not income. If you don't spend it, it's an asset. In all likelihood, that tax return will be spent on travel expenses to get your wife here.

[Smoochie1209 0]

That's a probable out come but there is also so many others. From what I understand, it's extremely difficult to get a divorce let alone an annulment in the Philippines but even then it's very unlikely that will happen. I do believe in preparing for the worst but also have faith in the best. To accept all outcomes is best. His main concern is he is retired. If he wasn't, He'd sign it in a heartbeat and I completely agree is discomfort is justified. I told him I won't hold it against him if he doesn't. It's hard to get a good stable job here and if you do, it feels like you have to fight for your life to hang on to it because there is always someone behind you ready and willing to work harder and cheaper for your position. It's just getting my wife here and her helping out financially as well so we won't have to make my father feel we are a burden to him.

Thanks for all the comments and support. I suppose this concludes my hope in finding some answers for my fathers concerns.

Edited March 27, 2011 by Smoochie1209

[pushbrk 13,267]

That's a probable out come but there is also so many others. From what I understand, it's extremely difficult to get a divorce let alone an annulment in the Philippines but even then it's very unlikely that will happen. I do believe in preparing for the worst but also have faith in the best. To accept all outcomes is best. His main concern is he is retired. If he wasn't, He'd sign it in a heartbeat and I completely agree is discomfort is justified. I told him I won't hold it against him if he doesn't. It's hard to get a good stable job here and if you do, it feels like you have to fight for your life to hang on to it because there is always someone behind you ready and willing to work harder and cheaper for your position. It's just getting my wife here and her helping out financially as well so we won't have to make my father feel we are a burden to him.

Thanks for all the comments and support. I suppose this concludes my hope in finding some answers for my fathers concerns.

The worst case I described is not probable at all, just possible, IMO. However, your wife would be in the USA. She can divorce you here, regardless of whether she could do so in the Philippines. If she does, the Philippines will recognize that divorce. That too doesn't really matter because in the scenario I described, she would be staying here, not going back to the PI.

Another option you have is to delay your process while at NVC, so that you provide an affidavit of support AFTER your income increases above the required amount.

[NaCl 2]

Please correct me if I am wrong, but can't a person file an AOS based upon future earnings? That's pretty much what I have done. If you have a letter of support from an employer stating that you are employed and earn X amount in one year and provide recent pay stubs as proof, isn't this sufficient? Even if you are on a probationary period, I would check to see if your annual income at your current level of income would be sufficient to sponsor by yourself. You know how to do this yes? Again, I would read the VJ wiki on I-864 and reread the DOS instructions to make sure you understand clearly what is actually required of you to sponsor someone. Also, you did not say how much longer you had left of your probationary period, but I think pushbrk's advice is spot on if you will be receiving full pay in a short time.

If you are having difficulty with your parents then just try to sponsor by yourself.

[pushbrk 13,267]

Please correct me if I am wrong, but can't a person file an AOS based upon future earnings? That's pretty much what I have done. If you have a letter of support from an employer stating that you are employed and earn X amount in one year and provide recent pay stubs as proof, isn't this sufficient? Even if you are on a probationary period, I would check to see if your annual income at your current level of income would be sufficient to sponsor by yourself. You know how to do this yes? Again, I would read the VJ wiki on I-864 and reread the DOS instructions to make sure you understand clearly what is actually required of you to sponsor someone. Also, you did not say how much longer you had left of your probationary period, but I think pushbrk's advice is spot on if you will be receiving full pay in a short time.

If you are having difficulty with your parents then just try to sponsor by yourself.

An employer letter and pay stubs are evidence of current earnings. There's no promise of future earnings.