Turned away at interview for lack of income

[dmac7758 0]

As I had mentioned in a previous post,my wifes son was given the "blue slip" at his interview in Guangzhou. My adjusted gross income for 2010 did'nt hit the mark...thanks to the economy and jobs situation!!My 2011 income barely makes it for 3 people.I could probably send it in but it will break my wifes heart if we are turned down again. There has'nt been any help in my family.My brother and his wife have a substantial income and very profitable business and she outrightly refused to help.They would give me money,food,anything......but to have them( his wife!!!!) sign their name on a piece of paper was like the end of the world or something.I had offered to set up a trust fund in their name and my wife's son,but they did'nt want any part of it. Hmmmmmmmm,family lookin out for family. Needless to say,my wife no longer wants anything to do with them.If they are invited to family gatherings,she won't go.I must say..me too!. Family helpin family.

[X Factor 1,112]

That is sad to see. Is there anyone else that you can ask to be a co-sponor?

[aaron2020 11,651]

[/color]466' post='5170595']

As I had mentioned in a previous post,my wifes son was given the "blue slip" at his interview in Guangzhou. My adjusted gross income for 2010 did'nt hit the mark...thanks to the economy and jobs situation!!My 2011 income barely makes it for 3 people.I could probably send it in but it will break my wifes heart if we are turned down again. There has'nt been any help in my family.My brother and his wife have a substantial income and very profitable business and she outrightly refused to help.They would give me money,food,anything......but to have them( his wife!!!!) sign their name on a piece of paper was like the end of the world or something.I had offered to set up a trust fund in their name and my wife's son,but they did'nt want any part of it. Hmmmmmmmm,family lookin out for family. Needless to say,my wife no longer wants anything to do with them.If they are invited to family gatherings,she won't go.I must say..me too!. Family helpin family.

Sorry about your situation, but the I-864 is not just another piece of paper. It is analogous to co-signing a loan - a potentially unlimited amount that the Joint Sponsor would be on the hook for. Look up all the horror stories on this forum from people who regret signing the I-864. If your wife's son receives any means tested benefits, your Joint Sponsor would be on the hook for paying it back. If your brother married a foreign woman, would you want to sign the I-864 and be responsible for paying back those benefits? What if he receives Medicaid and it is for $100,000. Would you be okay with signing the I-864 and treat it as just a piece of paper?

What is the family relationship between your brother's family and this child? He's not your son. He is not related to them at all. Just because your wife married you, it doesn't mean your brother and his family have to put themselves at financial risk to help her - a stranger to them.

If my brother wants to bring his wife and her child to the US, I would give them money and food. But I would not put the financial future of my wife and kids at risk for them by signing the I-864 because I have no control over this child. If my brother got divorced, I would still be on the hook. If this child runs up the bills by using means tested benefits, I have no idea how deep a financial hole I will be in. I bet if he needed medical attention - my brother and his wife would not hesitate to think about paying the bills as long as he got the medical attention he needed. If they can't pay the bills, guess who the US government can come after? That's right the I-864 Joint Sponsor.

I think you and your wife needs to look at things from your brother and his wife's perspective. Why should they put their financial lives at risk for a child they don't know?

If you and your wife ask them to sign the I-864, then they can accept or decline. If you and your wife expects them to sign it, then you are demanding that they sign it. It's not asking - it's telling them what to do.

Edited February 22, 2012 by aaron2020

[max+patricia 24]

Sorry to hear about your dilemma.

Just a suggestion - I'd be very cautious about cutting off family that has been willing to help you with the things you listed. They obviously DO care about you. If you and your wife are so angry at them for not financially supporting you and her family - don't you think that confirms their reasons for NOT wanting to help you with this scenario?

[Sveta & Ron 23]

I fully understand how you feel my family is the same way as i had explained to my lady if for what ever reason she was not able gain a k1 visa i would sell my big ticket items and lease out my masters degree and move to ukraine with her speaking of that I have been tring find out how much customs tax would be should i ship my truck anyone knows? you know us texans gotta have our trucks last year during my 3 visits i seen one pickup lol

[Brother Hesekiel 2,236]

You can make up for the balance between of what you make and what you need to make in assets at the rate of 1 to 3.

So if you need to make $23,162 for a household of 3 people, but made only $18,162, you are $5,000 short. If your brother wants to help you, he can "give you 3 times $5K, meaning he can help you out with a cash deposit of $15K into your savings account. Voila! . . . problem solved.

No signature needed, no trust in a foreigner they have never met either. Just trust in you that you will return the money when you don't need it any longer.

[aaron2020 11,651]

You can make up for the balance between of what you make and what you need to make in assets at the rate of 1 to 3.

So if you need to make $23,162 for a household of 3 people, but made only $18,162, you are $5,000 short. If your brother wants to help you, he can "give you 3 times $5K, meaning he can help you out with a cash deposit of $15K into your savings account. Voila! . . . problem solved.

No signature needed, no trust in a foreigner they have never met either. Just trust in you that you will return the money when you don't need it any longer.

Not really. USCIS will look at a sudden deposit of money used to satisfy the I-864 with skepticism. USCIS will suspect that the money is not a gift but a loan disguised as a gift to meet the I-864 obligations.

[dmac7758 0]

That is sad to see. Is there anyone else that you can ask to be a co-sponor?

My sister would do it in a heartbeat but her adjusted gross income is only 18,000 because she is a waitress(hint,hint,wink,wink)!! I have a few friends that would possibly do it.I sent Guangzhou an email to see if I can re-submit with 2011 tax return. Thanks!

[dmac7758 0]

Sorry about your situation, but the I-864 is not just another piece of paper. It is analogous to co-signing a loan - a potentially unlimited amount that the Joint Sponsor would be on the hook for. Look up all the horror stories on this forum from people who regret signing the I-864. If your wife's son receives any means tested benefits, your Joint Sponsor would be on the hook for paying it back. If your brother married a foreign woman, would you want to sign the I-864 and be responsible for paying back those benefits? What if he receives Medicaid and it is for $100,000. Would you be okay with signing the I-864 and treat it as just a piece of paper?

What is the family relationship between your brother's family and this child? He's not your son. He is not related to them at all. Just because your wife married you, it doesn't mean your brother and his family have to put themselves at financial risk to help her - a stranger to them.

If my brother wants to bring his wife and her child to the US, I would give them money and food. But I would not put the financial future of my wife and kids at risk for them by signing the I-864 because I have no control over this child. If my brother got divorced, I would still be on the hook. If this child runs up the bills by using means tested benefits, I have no idea how deep a financial hole I will be in. I bet if he needed medical attention - my brother and his wife would not hesitate to think about paying the bills as long as he got the medical attention he needed. If they can't pay the bills, guess who the US government can come after? That's right the I-864 Joint Sponsor.

I think you and your wife needs to look at things from your brother and his wife's perspective. Why should they put their financial lives at risk for a child they don't know?

If you and your wife ask them to sign the I-864, then they can accept or decline. If you and your wife expects them to sign it, then you are demanding that they sign it. It's not asking - it's telling them what to do.

I understand what you are saying and we discussed most of the things you mentioned.Especially the financial parts of this. My wife has her own money in China that would cover anything related to him.He will have his own health ins.,she will send him to college,and above this ,he has a job waiting for him.Thats why we offered a trust fund to them. I have since called my bro and told him we are cool. But my wife, on the otherhand, is a different story.In her culture back in China.It is all about helping family,no matter what the circumstances. My first reaction was to stick up for my wife,but I do understand their concerns.Thanks for responding.

[dmac7758 0]

You can make up for the balance between of what you make and what you need to make in assets at the rate of 1 to 3.

So if you need to make $23,162 for a household of 3 people, but made only $18,162, you are $5,000 short. If your brother wants to help you, he can "give you 3 times $5K, meaning he can help you out with a cash deposit of $15K into your savings account. Voila! . . . problem solved.

No signature needed, no trust in a foreigner they have never met either. Just trust in you that you will return the money when you don't need it any longer.

Just as I said to another reply here,I sent an email tonight to Guangzhou to see if I can re-submit my 2011 return.I think they based their decision on 2010's return even though I had sent in 6 mths worth of most recent check stubs and a letter from my company.However,I still barely make it based on the poverty guidlines. I think you missed the part where you have to multiply by 125%. So, $23,162 x 125% = $28,952.50 Am I right about this? If not,then I really will be ticked because I made 26,000 in 2010. I'm right at 30,000 for 2011. Anyhow,appreciate the reply.Thanks!

[dmac7758 0]

Not really. USCIS will look at a sudden deposit of money used to satisfy the I-864 with skepticism. USCIS will suspect that the money is not a gift but a loan disguised as a gift to meet the I-864 obligations.

And I would need that like I need a hole in the head!!!lol. Nothing has been smooth about anything I do with immigration, from the time I petitioned my wife to come here and now her son. My friend had no problems whatsoever.Go figure!

[aaron2020 11,651]

I understand what you are saying and we discussed most of the things you mentioned.Especially the financial parts of this. My wife has her own money in China that would cover anything related to him.He will have his own health ins.,she will send him to college,and above this ,he has a job waiting for him.Thats why we offered a trust fund to them. I have since called my bro and told him we are cool. But my wife, on the otherhand, is a different story.In her culture back in China.It is all about helping family,no matter what the circumstances. My first reaction was to stick up for my wife,but I do understand their concerns.Thanks for responding.

Tell your wife that she cannot expect Chinese values from Americans. In America, we are not our brothers' keepers. Brothers are not responsible for each others' families. She needs to adjust to American values. She ain't living back in China anymore.

[hikergirl 277]

Just as I said to another reply here,I sent an email tonight to Guangzhou to see if I can re-submit my 2011 return.I think they based their decision on 2010's return even though I had sent in 6 mths worth of most recent check stubs and a letter from my company.However,I still barely make it based on the poverty guidlines. I think you missed the part where you have to multiply by 125%. So, $23,162 x 125% = $28,952.50 Am I right about this? If not,then I really will be ticked because I made 26,000 in 2010. I'm right at 30,000 for 2011. Anyhow,appreciate the reply.Thanks!

Nope, Brother Hezekiel was right on the money for 3 people it's $23,162. http://www.uscis.gov/files/form/i-864p.pdf

[aaron2020 11,651]

Just as I said to another reply here,I sent an email tonight to Guangzhou to see if I can re-submit my 2011 return.I think they based their decision on 2010's return even though I had sent in 6 mths worth of most recent check stubs and a letter from my company.However,I still barely make it based on the poverty guidlines. I think you missed the part where you have to multiply by 125%. So, $23,162 x 125% = $28,952.50 Am I right about this? If not,then I really will be ticked because I made 26,000 in 2010. I'm right at 30,000 for 2011. Anyhow,appreciate the reply.Thanks!

You've got it wrong. For a household count of 3, 125% above the poverty line is $23,162. You do not multiply that amount by 125%. USCIS has already done it for you.

Lets face it, Americans in general are really bad at math. USCIS is not going to rely on us multiplying any number by 125%.

[MaggieT 4]

Sorry to hear that, so sad, however I must agree with aaron2020, your brother is not responsible for your future wife and her child - like you and your future wife are not responsible for him and his wife. Life is life - especially in this economy.

However - if you do not meet the poverty line, you could show assets that are in your posession - I think it is 3 times the difference between your income and the 125% of the poverty line - you have to research this further as I don't remember the exact guidelines about this, but there is a way to surpass this.

Good Luck