Question about I 864

[olaymai 0]

Hi every one,

My wife she only 18 and apply AOS for me in US. But since she only 18 so she doesn't have any income. And I don't have any income also. But My wife her grandfather willing use his house as assets to be joint support us. Her grandfather paid off his house but have Reverse mortgage on his house. Also he has social security check every month.

We not live in the same house, my wife and I live together, her grandfather live by himself.

Can her grandfather be the joint sponsor? What house size Poverty Guideline need to meet? If he can, use I 864 or use I 864A? What documents do we need from her grandfather to be joint sponsor?

Also do my wife need to fill the I 864?

Thanks for your help.

[van1234essa 11]

Hi every one,

My wife she only 18 and apply AOS for me in US. But since she only 18 so she doesn't have any income. And I don't have any income also. But My wife her grandfather willing use his house as assets to be joint support us. Her grandfather paid off his house but have Reverse mortgage on his house. Also he has social security check every month.

We not live in the same house, my wife and I live together, her grandfather live by himself.

Can her grandfather be the joint sponsor? What house size Poverty Guideline need to meet? If he can, use I 864 or use I 864A? What documents do we need from her grandfather to be joint sponsor?

Also do my wife need to fill the I 864?

Thanks for your help.

I'm afraid the house won't play a role towards the poverty line. Assets have to be something that can be easily and very fast liquidated into money. If this is his only residence that's not quick and easy to turn into money. So I think in order to meet the requirements he would have to have a good income or other assets (savings in bank account for example) at least that's what we've been told.

Good luck tho

[aussie_jason 195]

Your wife needs to file the I864 regardless and her grandfather would also need to file an I864 listing his income and proof of it, if he has a reverse mortgage on his house then I don't think that can be used as an asset as I'm sure that would prevent him from selling it (reverse mortgagees are very evil by the way) so he would have to include the payments he receives from the reverse mortgage and the social security he receives. Does he file taxes? If not can he justify why not?

[pushbrk 13,133]

Her grandfather might qualify technically but he doesn't actually have a liquid asset in his personal residence, even without the reverse mortgage. He would need to qualify based on income, not on home equity. Equity in a residence CAN be entered on the affidavit but is not likely to be considered liquid because he can't actually sell the house without undue harm to himself (the sponsor). Your wife needs a job or a different qualified sponsor, IMO.

[Harpa Timsah 13,258]

I don't think the grandfather is a qualified sponsor either, so you will need to find a new one or your wife needs to get a job. 18 isn't too young to work, if it isn't too young to get married.

When you do find another co-sponsor, the wife will also need to fill out her own I-864.

[DavenRoxy 1,073]

A primary house CAN be used as an asset, provided it can be sold within a year. A primary vehicle, no. A second vehicle, yes.

However, since there is a reverse mortgage on the house, it cannot be sold, therefore it is not an asset owned by the sponsor. It is now owned by the company who paid out the reverse mortgage.

[olaymai 0]

Her grandfather might qualify technically but he doesn't actually have a liquid asset in his personal residence, even without the reverse mortgage. He would need to qualify based on income, not on home equity. Equity in a residence CAN be entered on the affidavit but is not likely to be considered liquid because he can't actually sell the house without undue harm to himself (the sponsor). Your wife needs a job or a different qualified sponsor, IMO.

He said he have money in the bank account too, is the Bank account money should meet 3 times of the Poverty Guideline or 5 times? Thanks

Your wife needs to file the I864 regardless and her grandfather would also need to file an I864 listing his income and proof of it, if he has a reverse mortgage on his house then I don't think that can be used as an asset as I'm sure that would prevent him from selling it (reverse mortgagees are very evil by the way) so he would have to include the payments he receives from the reverse mortgage and the social security he receives. Does he file taxes? If not can he justify why not?

He did file taxes if use income from 1040, should use the gross income , adjusted gross income or net income? Thanks

Edited January 29, 2014 by olaymai

[aussie_jason 195]

He said he have money in the bank account too, is the Bank account money should meet 3 times of the Poverty Guideline or 5 times? Thanks

5 times as he isn't your spouse that is filing for you.

He did file taxes

Was his taxable income enough? If not then it is the gap that 5 times the amount of his assets that needs to be greater than, if so then he doesn't need to mention his assets.

I can't help but think you are going to have a hard time with your AOS in general though.

[pushbrk 13,133]

How old is the Grandfather? He would have to be over 62 to have a reverse mortgage. Elderly joint sponsors are often not good choices for sponsorship because they may well not be around to collect from.

If he files a 1040, line 22 is the income for the tax return section. Current income is a separate matter, difficult to comment on without knowing the sources of income.

[olaymai 0]

How old is the Grandfather? He would have to be over 62 to have a reverse mortgage. Elderly joint sponsors are often not good choices for sponsorship because they may well not be around to collect from.

If he files a 1040, line 22 is the income for the tax return section. Current income is a separate matter, difficult to comment on without knowing the sources of income.

yes, that's true. He is 71

[olaymai 0]

I don't think the grandfather is a qualified sponsor either, so you will need to find a new one or your wife needs to get a job. 18 isn't too young to work, if it isn't too young to get married.

When you do find another co-sponsor, the wife will also need to fill out her own I-864.

By the way, I just wondering if the another co-sponsor, does the co-sponsor just supporting his household plus me? or the co-sponsor need to supporting his household and me plus my wife? Since my wife she doesn't have income yet. Thanks

Edited January 31, 2014 by olaymai

[pushbrk 13,133]

First, when the I-864 is used, the term is Joint Sponsor. Only household members can combine income, so if Grandpa doesn't qualify, you need a single qualified joint sponsor who qualifies for their own household size plus any immigrants that sponsor already sponsored (who are now permanent resident status) plus the immigrant sponsored.