Seems easy !!!

[SurrenderNess 5]

Hello everyone

After i had my IR1/CR1 visa interview, The CO asked me to get another sponsor that's not on the household. He reassured me to get a sponsor that will fill I-864.

But at the time of the interview, He asked me if my step daughter and her fiancee (Whom tried to sponsor me alone but he was short in 500$) was married. So i told him they have a baby so i consider them married so he asked me legally..i said No. So i think he was asking me that because it was going to be enough to sponsor me if he was on the household.

I know you will tell me to ask the embassy. I did.They responded with this : Please note that it depends upon your income and the officer will determine whether you will qualify or not.

My questions are,

1- Should my step daughter get married and do the household sponsor or he wouldn't accept it ?

2- What will happen if he didn't accept it? Would he ask me to get another one or what? ( am afraid he is going to deny or anything after the approval)

Regards

[speedwell 224]

I think he was asking whether they were married so he could determine if they could combine their income to sponsor you. Does you stepdaughter or her fiance currently live with you, or not?

[SurrenderNess 5]

I think he was asking whether they were married so he could determine if they could combine their income to sponsor you. Does you stepdaughter or her fiance currently live with you, or not?

I think so too.Am the beneficiary and Yes they live with my wife( US citizen). I'm hesitated to be honest.

[speedwell 224]

I think so too.Am the beneficiary and Yes they live with my wife( US citizen). I'm hesitated to be honest.

OK, that's clear, sorry about the bit of confusion. If the official asked for a joint sponsor that isn't part of your wife's household, then members of your wife's household won't qualify. Your step-daughter and her fiance live with your wife so they are considered part of the same household. You should try to find a qualifying joint sponsor who does not live with your wife. What I think will likely happen is that they will temporarily reject your visa application UNTIL you can present evidence of valid joint sponsorship. If you get anything but a notice to provide more information, I recommend you and your wife have a chat with a lawyer to see if there's anything you have missed that could be used in your favor.

By the way, I never tell anyone to ask the embassy. You don't always talk to the embassy when you call the embassy help line, depending on what country you are in. You may be talking to a call center representative. However helpful they are, they may innocently give you bad information out of ignorance. And if they do give you bad information, they are not held responsible for it.

Edited May 20, 2013 by speedwell

[SurrenderNess 5]

OK, that's clear, sorry about the bit of confusion. If the official asked for a joint sponsor that isn't part of your wife's household, then members of your wife's household won't qualify. Your step-daughter and her fiance live with your wife so they are considered part of the same household. You should try to find a qualifying joint sponsor who does not live with your wife. What I think will likely happen is that they will temporarily reject your visa application UNTIL you can present evidence of valid joint sponsorship. If you get anything but a notice to provide more information, I recommend you and your wife have a chat with a lawyer to see if there's anything you have missed that could be used in your favor.

By the way, I never tell anyone to ask the embassy. You don't always talk to the embassy when you call the embassy help line, depending on what country you are in. You may be talking to a call center representative. However helpful they are, they may give you bad information. And if they do give you bad information, they are not held responsible for it.

No worries, but there is something you misunderstood i think. They don't consider my step daughter's fiancee as household because he isn't married to her. They must be married to be considered. We asked a lawyer but the problem i have is that i don't know if the CO would accept it since he wanted a joint sponsor because they didn't qualify because they weren't married.see what i mean ?

[speedwell 224]

No worries, but there is something you misunderstood i think. They don't consider my step daughter's fiancee as household because he isn't married to her. They must be married to be considered. We asked a lawyer but the problem i have is that i don't know if the CO would accept it since he wanted a joint sponsor because they didn't qualify because they weren't married.see what i mean ?

I think so. You seem to be saying that the fiance isn't a household member because he isn't married to your step-daughter. But if they both live with your wife, in the same house, how are they not part of the same household? For other purposes of determining household, such as eligibility for government benefits or student loans, everyone in the house is considered a household member. Were you told something different?

Also, you seem to be saying that the fiance needs to marry your stepdaughter so they can combine their incomes and qualify together to sponsor you. Fair enough. However, the CO asked you to provide a sponsor who is not a household member. Have I understood correctly?

[SurrenderNess 5]

I think so. You seem to be saying that the fiance isn't a household member because he isn't married to your step-daughter. But if they both live with your wife, in the same house, how are they not part of the same household? For other purposes of determining household, such as eligibility for government benefits or student loans, everyone in the house is considered a household member. Were you told something different?

Also, you seem to be saying that the fiance needs to marry your stepdaughter so they can combine their incomes and qualify together to sponsor you. Fair enough. However, the CO asked you to provide a sponsor who is not a household member. Have I understood correctly?

That's correct.

Yes i was told that if they aren't married. He can't qualify.

Exactly.

I think because they weren't married so they couldn't do the household sponsor thing and that's why he asked if they were legally married.

[speedwell 224]

OK, let me try to parse this. What confusion!

- Anyone can sponsor an immigrant if they qualify based on citizenship/permanent residency and income. It does not matter if they are a member of the immigrant's family, or married to a member of the immigrant's family. The official will often take into account whether and how you know the person sponsoring you, but that is a judgment call, not a legal requirement.

- Your SD's fiance can't qualify with his own income because he is just shy of the requirement. If he legally married your SD, they could combine their incomes and satisfy the income requirement.

- Neither the SD nor the fiance currently qualify to be sponsors, because they are both household members, and you were expressly told by the CO to find someone who is not a member of the household. If they LEFT your wife's household and formed a household of their own, I think they would then satisfy the requirement to be a different household from your wife. (The consideration here is, I think, that because the SD and fiance live in your wife's house, they are seen as potentially dependent on you and your wife, not the other way around. That is a guess.)

Let's see what others say about this. I may be missing something important.

[SurrenderNess 5]

OK, let me try to parse this. What confusion!

- Anyone can sponsor an immigrant if they qualify based on citizenship/permanent residency and income. It does not matter if they are a member of the immigrant's family, or married to a member of the immigrant's family. The official will often take into account whether and how you know the person sponsoring you, but that is a judgment call, not a legal requirement.

- Your SD's fiance can't qualify with his own income because he is just shy of the requirement. If he legally married your SD, they could combine their incomes and satisfy the income requirement.

- Neither the SD nor the fiance currently qualify to be sponsors, because they are both household members, and you were expressly told by the CO to find someone who is not a member of the household. If they LEFT your wife's household and formed a household of their own, I think they would then satisfy the requirement to be a different household from your wife. (The consideration here is, I think, that because the SD and fiance live in your wife's house, they are seen as potentially dependent on you and your wife, not the other way around. That is a guess.)

Let's see what others say about this. I may be missing something important.

I know it is...Hopefully someone will give us a third opinion. lol

If you are missing something...it would be that my SD'S fiancee didn't even file I-864A because he isn't qualified for that..but he signed I-864 only because he is qualified for that but didn't make enough.thats it.

[NikLR 13,227]

I think if possible you should find another joint sponsor that qualifies on their own.

[Ayman___ 92]

Get another co sponsor. My husband had his Interview and the CO said you need a new co sponsor.Our co sponsor was short 600. We sent the same co sponsor with her 401 k and still he said No. Now we have a new one hopefully the new one we'll be fine.

[SurrenderNess 5]

Get another co sponsor. My husband had his Interview and the CO said you need a new co sponsor.Our co sponsor was short 600. We sent the same co sponsor with her 401 k and still he said No. Now we have a new one hopefully the new one we'll be fine.

if I understand this right. She was short in 600 $ and now she has 401k $ ?...o.o..you put that on her taxes?..you know that they don't accept the employment letters. .only what they have on tax returns. that might be why..but why on earth would he deny someone that makes 401k $..that would be crazy sis

[speedwell 224]

if I understand this right. She was short in 600 $ and now she has 401k $ ?...o.o..you put that on her taxes?..you know that they don't accept the employment letters. .only what they have on tax returns. that might be why..but why on earth would he deny someone that makes 401k $..that would be crazy sis

401K is the name of the law that set up a standard type of retirement savings account under certain legal rules. It's not $401,000. A CO will likely refuse to use the 401K savings for an asset because it is costly to withdraw from (there are significant penalties if you do so prior to retirement age) and would likely cause a hardship later (it is your retirement money after all).

Edited May 21, 2013 by speedwell

[SurrenderNess 5]

401K is the name of the law that set up a standard type of retirement savings account under certain legal rules. It's not $401,000.

aha..I was going to do that too but they don't accept it nor do they accept the SSI...what embassy are you dealing with?

[SurrenderNess 5]

Anyone has any ideas or experience with that situation ?