Joint Sponsor Blindside!

[Buckles 0]

Hello everyone,

I have had a rather dramatic turn of events in my visa proceedings following ongoing discussions with the one and only family member of my (US citizen) wife who can financially meet the requirements of and fill the role of joint sponsor, as my wife does not meet these requirements (in short, she is working part-time while raising our son).

So after months and months of talking and asking (begging?) for my wife's brother-in-law to be the joint sponsor on the Affidavit of Support part of my visa proceedings he has finally agreed, but has drawn up a list he calls "Terms of Sponsorship." The very first item is something I think is downright fraud or illegal or just too shady to even respond to him about. He says: He will be willing to act as the joint sponsor if I pay for his basement to be renovated. He already went ahead and hired contractors to do some groundwork anticipating I'd agree to anything to be reunited with my wife and son. the estimated cost of renovation is $13.000 - $20.000!!! To me, that is saying "I'll sponsor you if you give me $13.000-$20.000.)

I have spent the past few days reading all the terms and conditions, laws and bylaws of sponsorship trying to find the written and legal version of what, to me, is common sense. It is not legal! In my mind, it is bribery, fraud or blackmail that the first term of sponsorship for me is for me to pay up to $20.000 for a basement renovation, regardless of if he also said I could live there (while still paying rent), for up to 12 months! To me this is illegal. I was raised good and proper and clearly my brother-in-law is trying to reap financial gain from my situation of being unable to return to my wife and son without him joint sponsoring me.

Now, my wife and I have been married for two and a half years, I've been in England for one of them stuck in this visa limbo hell. I know the two year mark is some sort of milestone in the visa proceedings, but am not sure what implications this has when half that time has been spent away. I incurred overstay just before and after my son was born, so am prohibited by law of not being able to return until waiver of admissibility is complete, which I believe is done AFTER my current visa proceedings - I believe you are turned down and appeal via this waiver? Something like that, that's an issue for tomorrow though.

Basically I am saying no to his term (or what I see as bribery). and would like to know if anyone can help me find written visa or American law where this sort of "arrangement" is prohibited. Common sense isn't much of an argument to go on.

On a side note, my wife has $10.000 in tax returns, putting us around a further $14.000 short of the minimum requirement, I don't know if assets and holdings have to make up 3x or 5x the difference. I believe it was 5x, but in reading it I am the spouse of an American citizen, so maybe it's 3x? Or did I read that wrong and it is just children that qualify.

I appreciate the support of this forum.

/Buckles

[calibob 73]

Easy for me to say but look for another sponsor for the AOS.......this is outright wrong. I'm ashamed as a USC that this has happened to you three. Best wishes for good luck, there is more than one way to skin a cat so keep trying to find a way but the "contract" between family isn't proper in my book anyway. If you filed an I130 then it's not going to expire on you.

Bob

I think the word you're looking for is "extortion" :-(

Edited September 15, 2011 by calibob

[carolynhotstuff 252]

All I can say is that I'm sorry you and your wife are being put in this position. My husband and I also needed a co-sponsor and after months of searching we found one. Our co-sponsor didn't ask for anything in return. He did it out of the goodness of his heart. May God bless you and help you in this situation.

[Penguin_ie 5,994]

If you are married more than 2 years by the time you enter the USA, you will get a ten year greencard. If less than 2 years, it'll be a 2 year conditional greencard, and there would be more paperwork to Remove Conditions after the 2 years.

Assets of a US spouse are x3. How much income does your wife currently have? Ie how much are you short? Do you have any assets? As the foreign spouse beneficiary, your assets can be counted too, though most embassies want to see the assets US based.

[Navyk 78]

If you are married more than 2 years by the time you enter the USA, you will get a ten year greencard. If less than 2 years, it'll be a 2 year conditional greencard, and there would be more paperwork to Remove Conditions after the 2 years.

Assets of a US spouse are x3. How much income does your wife currently have? Ie how much are you short? Do you have any assets? As the foreign spouse beneficiary, your assets can be counted too, though most embassies want to see the assets US based.

I am sorry hear that your relative behaves like a shark. Penguin_le remarks are correct. You will need 23,162 for 3 of you, so check to see if your 1/3 assets and your wife's income takes care of that. I wish that you get a good sponsor - all the best.

[Buckles 0]

To answer the questions about assets. I don't have the piece of paper with exact numbers on, so I will use rounded numbers which are lower than I recall the actuals being, to eer on the side of caution.

My wife has tax returns for this year of around $10.000, she has stocks in the value of $30.000. I was told on the phone by the NVC that 125% poverty guideline minus wife's income meant I needed $70.000 in assets, as it had to be multiplies by 5, I have since been thinking the NVC employee was misinformed, or misinforming me.

I actually have three jobs at the moment. I work full time at my County Hall in England making around 900 sterling pounds a month. I am also freelancer working for an American based company from England as a film editor, where the material is sent to me from whatever country the film is being made/produced in. I make around $30.000 a year. Finally, I have just been contracted to write a film, but won't see any money from this until it's made (if it's made). I have very few assets since supporting my wife and son for two years.

Given that financial data, and the "extortion" (perfect word) of my brother-in-law, what would be the best way for me to continue? I am pretty down in the dumps, since my little boy is growing to know his Daddy from Skype, and kisses the laptop in place of me. Still, gotta be thankful this isn't 5-10 years ago when there was no Skype, but still...

[M in CA 9]

Might I suggest you send this to the brother-in-law:

"I cannot OWE you or ever PAY you any money because then it will appear to authorities to be visa fraud.

If I am indebted to YOU, then I will be less likely to meet my financial obligations, at which point you will be sued by Uncle Sam to pay for my family's means-tested programs."

[john_and_marlene 162]

To answer the questions about assets. I don't have the piece of paper with exact numbers on, so I will use rounded numbers which are lower than I recall the actuals being, to eer on the side of caution.

My wife has tax returns for this year of around $10.000, she has stocks in the value of $30.000. I was told on the phone by the NVC that 125% poverty guideline minus wife's income meant I needed $70.000 in assets, as it had to be multiplies by 5, I have since been thinking the NVC employee was misinformed, or misinforming me.

I actually have three jobs at the moment. I work full time at my County Hall in England making around 900 sterling pounds a month. I am also freelancer working for an American based company from England as a film editor, where the material is sent to me from whatever country the film is being made/produced in. I make around $30.000 a year. Finally, I have just been contracted to write a film, but won't see any money from this until it's made (if it's made). I have very few assets since supporting my wife and son for two years.

Given that financial data, and the "extortion" (perfect word) of my brother-in-law, what would be the best way for me to continue? I am pretty down in the dumps, since my little boy is growing to know his Daddy from Skype, and kisses the laptop in place of me. Still, gotta be thankful this isn't 5-10 years ago when there was no Skype, but still...

If you have income from a U.S. employer that will continue after you immigrate, that income can be used to satisfy the requirement. As a freelancer you may need a letter from the company establishing that you will continue to be given work in the future.

[Done--Really 331]

1) You CAN use your income so long as you can demonstrate that it will continue form the SAME SOURCE, SAME JOB after you immigrate, and it sounds like that might be true for some of it.

2) Your assets, and in particular assets outside the US must be divided by five, not three, and some consulates may not allow them at all unless they are cash, stocks, etc that can be immediately converted to cash. Real estate gets dicey.

3) Her assets (and joint assets) inside the US are divided by three, so if you have some very liquid assets, it would make sense to move them to the US, and put them into a joint account.

4) Looking at just your widfe's situation, you are very close already--$10K from her job and $10K from her assets divided by three, so you CAN MAKE IT !! Well, with some assets from you and hopefully you can demonstrate that your job will continue in the US.

Don't throw in the towel--just look a little harder !! You are really close, and CAN do it !!

Edited September 15, 2011 by magical

[Buckles 0]

Hmm this is all overwhelming. I don't have an immigration lawyer, but I think I'll go ahead and have a consultation with one just because this all seems very promising. Then again, I find people on this forum to be far more well informed than even the swankiest lawyers.

So let me get this straight. I can use my assests, i.e. my job, as proof of earnings. But... I have sent every paycheck to my wife which has gone straight on rent, bills, and everything. how can I prove I even earned a penny when it all went into her account? A 12 month statement list and highlight everything that was mine (or shows up with the company name?)

My assets outside the US are negligible, not even worth counting. My wife's assets are $30.000 in stock. So that is thumbs up I believe. So if we're about $3000 short, I need her to have an extra $9.000 in a bank account or something? Or just top that off with photocopies of the last 12 or 24 months of invoices from my US employer along with a letter stating this work is guarenteed to continue?

I do believe this forum may be the best thing on the internet!

[Ryan H 3,812]

I incurred overstay just before and after my son was born, so am prohibited by law of not being able to return until waiver of admissibility is complete, which I believe is done AFTER my current visa proceedings - I believe you are turned down and appeal via this waiver? Something like that, that's an issue for tomorrow though.

If the overstay is less than 180 days, you don't have a ban and don't need a waiver. However, because of the overstay, you are prohibited from using the VWP for a visit.

Edited September 15, 2011 by Ryan H

[Done--Really 331]

Let's keep it really simple and you need a lawyer like you need a hole in your hed--don't waste your money==this is REALLY simple !!!

1) Your income is not an asset.

2) You can get an up to date "pay stub" by just asking, but unless you can get a letter from your employer saying the job will continue after you immigrate, it doesn't matter if you were earning $1 million.

3) And yes you are about $3K short, so if you can find teh assets, you are over the top, but be cautious--one of the things they look for is a large recent deposit for example from a freind that MIGHT be returnd to the friend after the visa is issued, so if you do find the $9K, be sure to document exactly where it came from.

4) As to your income, were you not paying taxs in the UK, so no tax return ?? Doesn't matter for this discussion, but you MUST get a letter from your employer to show that your job will continue or you can't count it at all. And what you earned in the past means nothing except to show WITH The letter that you will be making $XXX in the future once you immigrate.

And let's hear the EXACT details of your overstay:

1) Was it a B1/B2 visa or VWP

2) Exactly how long was the overstay--don't guess--a day or two can make a big difference

3) Did you just leave or were you involved with the immigration authorities in any way

4) Are there any notations in your passport due to the overstay, or did you get any forms from immigration, and if so, exactly what do they say

Edited September 15, 2011 by magical

[Buckles 0]

Sorry for not replying earlier, it is actually my birthday today! Go figure, eh!

To answer your questions:

1) When my wife, then girlfriend, fell pregnant I returned to the UK from a VWP, and sought a B1/B2 visa. I knew I'd want to return to help her through the pregnancy as 90 days isn't enough. A couple months after arriving in the States I realized she needed my help, she has a very controlling and spiteful family (which I guess you can gather from my original post). We got married three months after I arrived, three months into my B1/B2 visa. However, due to the marriage, newborn, apartment finding, we were unable to apply for the visa until 6 and a bit months later, thus the 180mark overstay. I had sought council with an immigration lawyer in America and also an immigration officer at the Newark NJ branch prior to my overstay kicking in to discuss this, and was told absolutely that because we were married/had a son nothing would be held against me for overstay. Then again, 99% of what lawyers and immigration officers have told me has proven completely false in the long term.

2) According to people I speak to on the phone, and immigration at the time in Newark NJ, my overstay equates to the 180day less than a year mark, so two or three years, whichever penalty is applied to that.

3) The reasons I left America were two fold. I became ill which my doctors in England believed to be terminal cancer. Although removal proceedings were threatened after I willingly left the US my wife received a letter stating my previous visa had been terminated without prejudice. I called the immigration office that sent the letter and was told this was a best case scenario given the situation.

4) I have looked through my passport and I see no obvious notations of overstay. I had no form to fill out regarding overstay either leaving the US or upon entering the UK. However, I have been verbally told I have incurred overstay, but have no physical evidence to prove, show, or otherwise justify it to myself or others. My passport is one of the chip and pin ones, so I don't know if my overstay is held electronically. An example of this would be my father-in-law passed away a few months ago, and knowing I had overstay I called all the relevant port authorities to see if I could travel to the funeral. They said for the reason of overstay, and the fact I was mid-proceedings, they would not grant me admittance. Which is why I think I'll need to fill out the waiver of admissibility at some stage.

5) One thing to note, and I know this seems like skeletons in the closet but again I was told by immigration officers it is of no consequence, my wife and I failed my previous green care proceedings because she didn't show up for the interview. It's a long story, but instead of allowing me to reschedule the judge told me I had no choice but to recant and withdraw my application. I call it the harsh new law of 9.11 mixed with the complete incompetence of the Newark NJ immigration department. but as previously stated, this application was denied without prejudice.

On a second note, because I am freelance I bill my employer with homemade invoices, for an up-to-date pay stub I think that is something I will need to draft and have him sign, alongside a letter stating employment with him will continue.

On a third note, this is my second birthday without my son.

[Done--Really 331]

Messy but not impossible. The normal course of events is that your I-130 will be accepted, and then at the interview you will be denied, and your WIFE will file an I-601 hardship waiver. This is where you should be placing the most attention since she has to prove extreme hardship to get the three year ban waived.

I suggest you go to www.immigrate2us.net right away--waivers are heh specialty of that web site and you will get lots of help. As to lawyers, ask right up front how many 601 waivers do they do in a year...if it is none or just a couple, don't bother with them--they will be learning on your nickle. The other web site has plenty pf lawyers who specialize in 601, but it ain't cheap, so many, many people do it themsleves with the help of the other web site.