Question about joint co-sponsor I864 (merged)

[hope2014 0]

Not sure why you keep mentioning covering 2012 or FOR 2012. Questions the past tax returns are only for information. Wherever you got the idea that a sponsor must qualify for each of the past three years, is simply wrong. Get it out of your head.

No, foreign property cannot be used to qualify as sponsor. Please read the I-864 instructions regarding the use of assets and pay special attention to the explanation of "liquid".

Again, for the self employed, USCIS and Consular Officers do not consider self employment revenue, to be "income" until it appears on line 22 of a duly filed 1040 form. One option you have is to wait to submit the i-864 forms until your mother files her tax return for 2013, sometime next year. There's probably no reason she couldn't file in January, since she's self employed. If you try to file those I-864 forms now, NVC will tell you to get a qualified sponsor. You can wait until your mother qualifies, find a job, or find another qualified sponsor.

I am NOT solely basing everything on the assets. The sponsor has a current employment which they will see. So in the FAQ of I864., instructions on how or what can be used as foreign assets is absurd or meaningless as even though they state they will accept , they won't in reality? Is that what you mean? I don't see a defination of liquid anda pprimary residence in ones country cannot be used as an asset? My properties I mean they are furnished houses.

[hope2014 0]

Of course you can't if foreign means non-US. US government doesn't really care what people own outside US.

So every thing posted in FAQ of I 864 is meaningless?

They give instructions on how one can use foreign assets as being 5 times the difference but at the end of the day they won't accept it ( no matter what) is that what you are getting at?

So NO one ever has use foreign assets in past everyone always came up with a sponsor or met their requirements on their own.

[hope2014 0]

Here is what the OP said about his income:

I earned $202 last year, but I was told I am not required to file taxes. I would write them a letter of 2 lines stating what you mentioned above and sign it. Then my joint sponsor, my mom, has to file in I-1864 with me as well. True?

I wish you had seen the post. It was very nice and constructive...meant to make people think, especially the person asking the question. Trust me there was not one objectionable word in the post. But of course you and no one else will ever see it because some moderators have their own agendas...I spose for some it's just too politically incorrect to suggest that someone should get a job to support themselve and the ones they love. I mean if you ask me this is why the VISA process includes the minimum guidelines for income. Anyway God Bless

Sometimes getting a full time job with studies is difficult. And before giving such kind of advice one shouls fully understand the situation and circumstances of the other party..and you have to also think if the spouse is coming is getting a GC they might now actually sit theirselves at home...they might actually WORK no? !!

Aloha Ke Akua

[pushbrk 12,898]

I am NOT solely basing everything on the assets. The sponsor has a current employment which they will see. So in the FAQ of I864., instructions on how or what can be used as foreign assets is absurd or meaningless as even though they state they will accept , they won't in reality? Is that what you mean? I don't see a defination of liquid anda pprimary residence in ones country cannot be used as an asset? My properties I mean they are furnished houses.

If you mean your mother, no, she does not have current employment. I don't know how I can say this more clearly. The "self employed" have business revenue, not employment income. There are a couple exceptions for people who might file quarterlies. If they are actually "statutory employees" working for (usually) insurance companies as agents. What is the source of your mother's income, for which she files quarterlies?

You're right, that the new i-864 instructions don't include the word "liquid". It just has the definition used for liquid, from the older instructions. See the second paragraph in section 7. Generally equity in the primary residence is not considered available for supporting an immigrant because of the hardship associated with liquidating the home.

Where do you see any discussion of foreign assets, other than those of the beneficiary?

[hope2014 0]

If you mean your mother, no, she does not have current employment. I don't know how I can say this more clearly. The "self employed" have business revenue, not employment income. There are a couple exceptions for people who might file quarterlies. If they are actually "statutory employees" working for (usually) insurance companies as agents. What is the source of your mother's income, for which she files quarterlies?

You're right, that the new i-864 instructions don't include the word "liquid". It just has the definition used for liquid, from the older instructions. See the second paragraph in section 7. Generally equity in the primary residence is not considered available for supporting an immigrant because of the hardship associated with liquidating the home.

Where do you see any discussion of foreign assets, other than those of the beneficiary

Yes, except with form I-864EZ. The sponsor's income is totaled first. Personal assets and/or the income and assets of household members who have signed an I-864A are totaled next. Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed. The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family.

( this is just for the use of asset )

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country
• The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

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 listedasset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to:

[NikLR 13,227]

You don't qualify for the I-864EZ. If someone is using an I-864A as your joint sponsor you no longer qualify to use the I-864EZ. Joint sponsors negate that. Perhaps you meant the I-864? I think you are better off, like pushbrk has said, to find a more qualified joint sponsor or find a job yourself that qualifies you. As you're a graduate student, this would be hard to do.

[hope2014 0]

You don't qualify for the I-864EZ. If someone is using an I-864A as your joint sponsor you no longer qualify to use the I-864EZ. Joint sponsors negate that. Perhaps you meant the I-864? I think you are better off, like pushbrk has said, to find a more qualified joint sponsor or find a job yourself that qualifies you. As you're a graduate student, this would be hard to do.

I was just quoting the page. I know I dont qualify I-864EZ.

[pushbrk 12,898]

I was just quoting the page. I know I dont qualify I-864EZ.

You quoted instructions but didn't make any point with words of your own. I told you that the instructions only provide for the beneficiary to use their assets. The beneficiary is the visa applicant, in this case, your spouse. Your mother is not a visa applicant.

[pushbrk 12,898]

I just want to add that all these instructions and issues EACH have a "context". Sometimes it's difficult for those without excellent English language skills to pick up on the context. Even WITH superior language skills, it takes additional EXPERIENCE to understand the applicable context. YOU have access to somebody to advise you who has both the needed language skill AND the necessary experience to understand both the context and the actual practice and thinking of those who are responsible for applying the rules and laws applicable to the issues you raise. (That would be "me")

There are others here with similar knowledge, experience and skill sets to advise you. You don't see them contradicting what I'm telling you. I bet you can figure out why? :-)

[hope2014 0]

You quoted instructions but didn't make any point with words of your own. I told you that the instructions only provide for the beneficiary to use their assets. The beneficiary is the visa applicant, in this case, your spouse. Your mother is not a visa applicant.

"If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, he or she may s

how 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 "

I just want to add that all these instructions and issues EACH have a "context". Sometimes it's difficult for those without excellent English language skills to pick up on the context. Even WITH superior language skills, it takes additional EXPERIENCE to understand the applicable context. YOU have access to somebody to advise you who has both the needed language skill AND the necessary experience to understand both the context and the actual practice and thinking of those who are responsible for applying the rules and laws applicable to the issues you raise. (That would be "me")

There are others here with similar knowledge, experience and skill sets to advise you. You don't see them contradicting what I'm telling you. I bet you can figure out why? :-)

I disagree, they probably are smart enough already to not get involved in such conversation!

[pushbrk 12,898]

"If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, he or she may s

how 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 "

That's correct, but only visa applicant's foreign assets can be used. Your mother is not a visa applicant. You really have to follow the context all the way through, not just pick pieces you like and then put your own interpretation on them.

I'm done here. Good luck to you.

[SAMANTHACAM 0]

SO THIS IS MY QUESTION IF YOU HAVE ONLY FILED TAXES WHICH MEET THE POVERTY GUIDLINES ONLY ONE YEAR SINCE YOU HAVE BEEN HERE CAN YOU BE A SPONSOR? (THE ONLY TAX YEAR WAS THIS 2012 THE MOST CURRENT YEAR)

DO YOU NEED THREE YEARS OF TEX RETURNES ????

PLEASE HELP

[pushbrk 12,898]

Yes, that's OK. Whether you qualify is more complicated than that though. Please start your own topic to discuss your case.

[hope2014 0]

I just want to add that all these instructions and issues EACH have a "context". Sometimes it's difficult for those without excellent English language skills to pick up on the context. Even WITH superior language skills, it takes additional EXPERIENCE to understand the applicable context. YOU have access to somebody to advise you who has both the needed language skill AND the necessary experience to understand both the context and the actual practice and thinking of those who are responsible for applying the rules and laws applicable to the issues you raise. (That would be "me")

There are others here with similar knowledge, experience and skill sets to advise you. You don't see them contradicting what I'm telling you. I bet you can figure out why? :-)

You don't know everything and you do not have a knowledge or expertise of an attorney.

This example belows proves that....

And I had consulted an attorney as well no where it says a joint sponsor cannot inlcude their foreign assets!

You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

[pushbrk 12,898]

You misunderstand the meaning of "You" in the instructions above. It is not "you". It is the person signing as sponsor on the I-864. In this case, "You" refers to your mother. It is correct there is no place that "says" the joint sponsor "cannot" include foreign assets. The instructions are not written to explain what cannot be done. They are written to explain what "CAN" be done. There's no place in the instructions that indicates anybody but the visa applicant can use foreign assets.

I expect you'll go ahead and try anyway instead of taking my advice. That's certainly your choice. Please let us know how that ends up working for you. OK?