February 2016 I-130 filers

[EdinErvina 2]

Extracted from the I-864 instructions:

What Is a Joint Sponsor?

If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a joint sponsor who can meet the requirements may submit Form I-864 to sponsor all or some of the family members

Thank you

Since I do not meet the income requirements do I still fill out the I864.

[Marrienne 112]

Yes you still need to get "denied " first apparently before you can present the joint sponsor

[Frankjavir 55]

Thank you

Since I do not meet the income requirements do I still fill out the I864.

Yes you and joint sponsor.

[Frankjavir 55]

Yes you still need to get "denied " first apparently before you can present the joint sponsor

Absolutely NOT TRUE. Where did you read that?

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or 4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.)

[Marrienne 112]

I read it here on VJ. The post was from a lady in the UK whose petition was not originally approved for that reason. She did DCF in London. She presented the joint sponsor and all was well

[Frankjavir 55]

I read it here on VJ. The post was from a lady in the UK whose petition was not originally approved for that reason. She did DCF in London. She presented the joint sponsor and all was well

If you find the post I would like to see it, it needs to be reported for deletion. Bad information confuses people.

[Marrienne 112]

Absolutely. I will look it up when I go to my PC

[JFH 12,189]

She must have been rejected because she had no joint sponsor. If she just had the petitioner and the petitioner did not earn enough, it would be rejected.

However, since the income levels are public knowledge and you know how much you earn, it should be obvious when you need a joint sponsor. If you know you need a joint sponsor, both the petitioner and the joint sponsor do the I-864 and you send both to the NVC. No point sending just the petitioner's if you know you don't earn enough or don't qualify. You're adding time to the process then. I don't need them to tell us we need a joint sponsor. I'm getting that sorted already.

Edited February 18, 2016 by JFH

[Dal&Rose 45]

I will join too since I sent mine off at the very end of Jan, we are doing DCF but I seem to be "all alone in this boat" since nobody from my country is posting here.

BTW Dal&Rose, which game did you meet your wife through? (we met through gaming too, that is why I am asking)

Marrienne - We met on Mechwarrior Online. It was just by chance I joined the group he was in command of.

[gradtaai 8]

This always brings up the question for me.

If you meet the requirement yourself, why would you use a joint sponsor to be legally bound to a contract to the US? It is not that if you meet the requirement that the joint sponsor would be off the hook. It seems only logical to be rejected first and then present the joint sponsor.

Absolutely NOT TRUE. Where did you read that?

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or 4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.)

[gradtaai 8]

She must have been rejected because she had no joint sponsor. If she just had the petitioner and the petitioner did not earn enough, it would be rejected.

However, since the income levels are public knowledge and you know how much you earn, it should be obvious when you need a joint sponsor. If you know you need a joint sponsor, both the petitioner and the joint sponsor do the I-864 and you send both to the NVC. No point sending just the petitioner's if you know you don't earn enough or don't qualify. You're adding time to the process then. I don't need them to tell us we need a joint sponsor. I'm getting that sorted already.

When you live in the West, what you say is true, but if you live in an developing country as I do, it is up to the processor to accept or not accept what you have as an asset. In my case, I live rural Thailand, you can not get an assessment on a house here, you can only get a official doc from the district that has an "assumed" price. They have never been here to see if there is a house. The assumed price is about 1/4 of what the house can be sold for. Will they accept this as an asset on the i-864? I also have cabinet making machinery in storage from when I ran an cabinet shop, I have no idea what the value is. Would they accept what I "think" it is worth.

As far as income. I am retired. On my tax form for income. Money taken out of my IRA shows as income, but what is left shows as an asset. Of course it can't be both in the coming years---- How will they read that? I am sure they will subject it from my income and call it an asset, or will they call it an income and subtract it from my assets? For someone close to the wire, it could be the difference in whether they need a co-sponsor or not.

[Frankjavir 55]

This always brings up the question for me.

If you meet the requirement yourself, why would you use a joint sponsor to be legally bound to a contract to the US? It is not that if you meet the requirement that the joint sponsor would be off the hook. It seems only logical to be rejected first and then present the joint sponsor.

We are not talking about people that meets the minimum 125% poverty level income. You are going off on a tangent here.

[Frankjavir 55]

When you live in the West, what you say is true, but if you live in an developing country as I do, it is up to the processor to accept or not accept what you have as an asset. In my case, I live rural Thailand, you can not get an assessment on a house here, you can only get a official doc from the district that has an "assumed" price. They have never been here to see if there is a house. The assumed price is about 1/4 of what the house can be sold for. Will they accept this as an asset on the i-864? I also have cabinet making machinery in storage from when I ran an cabinet shop, I have no idea what the value is. Would they accept what I "think" it is worth.

As far as income. I am retired. On my tax form for income. Money taken out of my IRA shows as income, but what is left shows as an asset. Of course it can't be both in the coming years---- How will they read that? I am sure they will subject it from my income and call it an asset, or will they call it an income and subtract it from my assets? For someone close to the wire, it could be the difference in whether they need a co-sponsor or not.

The original topic started when Marrienne said:

Yes you still need to get "denied " first apparently before you can present the joint sponsor .

Implying that in order to use a joint sponsor, you must try yourself alone even if you know before hand you can not make it alone. That is senseless.

What you are saying is a particular case where your documented income figures apparently are not enough and you want to complement that with your assets but you have a doubts as how much those assets are worth to them.

So, what is the relationship between what you are telling us and the original topic?

You are saying, you want to go alone with the AOS regardless of your doubts regarding the value of your assets, take a gamble and if they deny you then you come back with joint sponsor. That is your choice but not the standard procedure.

On a DCF may not be a big waste of time to gamble with checklists, it is a big deal fore most of us to risk a 45 or more days delay via NVC.

[gradtaai 8]

The original topic started when Marrienne said:

Yes you still need to get "denied " first apparently before you can present the joint sponsor .

Implying that in order to use a joint sponsor, you must try yourself alone even if you know before hand you can not make it alone. That is senseless.

What you are saying is a particular case where your documented income figures apparently are not enough and you want to complement that with your assets but you have a doubts as how much those assets are worth to them.

So, what is the relationship between what you are telling us and the original topic?

You are saying, you want to go alone with the AOS regardless of your doubts regarding the value of your assets, take a gamble and if they deny you then you come back with joint sponsor. That is your choice but not the standard procedure.

On a DCF may not be a big waste of time to gamble with checklists, it is a big deal fore most of us to risk a 45 or more days delay via NVC.

OK, let me start again.

My original question was

This always brings up the question for me.

If you meet the requirement yourself, why would you use a joint sponsor to be legally bound to a contract to the US? It is not that if you meet the requirement that the joint sponsor would be off the hook. It seems only logical to be rejected first and then present the joint sponsor.

My mistake was putting it in a quote from you making it look like I was getting into your conversation. You did answer my question in a way.

If you are absolutely sure you meet the requirement with income and assets-----No co-sponsor

If you are absolutely sure you do not.--- you need a co-sponsor.

If you are in the gray area in between the two, put your co-sponsor on the hook to save you 45 days or more.

I for one do not take putting some else to be financially responsible for my family unless it is absolutely necessary lightly. I would gladly wait to be rejected if I may be able to keep from doing so. If I knew that the cosponsor would not be used if I met the requirement then there isn't a problem, but I do not believe that to be the case.

I myself do not need a cosponsor as I do have far more than enough in assets. The examples I gave were questions that came up as I filled out the i-130

[Frankjavir 55]

OK, let me start again.

My original question was

This always brings up the question for me.

If you meet the requirement yourself, why would you use a joint sponsor to be legally bound to a contract to the US? It is not that if you meet the requirement that the joint sponsor would be off the hook. It seems only logical to be rejected first and then present the joint sponsor.

My mistake was putting it in a quote from you making it look like I was getting into your conversation. You did answer my question in a way.

If you are absolutely sure you meet the requirement with income and assets-----No co-sponsor

If you are absolutely sure you do not.--- you need a co-sponsor.

If you are in the gray area in between the two, put your co-sponsor on the hook to save you 45 days or more.

I for one do not take putting some else to be financially responsible for my family unless it is absolutely necessary lightly. I would gladly wait to be rejected if I may be able to keep from doing so. If I knew that the cosponsor would not be used if I met the requirement then there isn't a problem, but I do not believe that to be the case.

I myself do not need a cosponsor as I do have far more than enough in assets. The examples I gave were questions that came up as I filled out the i-130

Ok, we are clear as a bell. You admitted the misunderstanding was due to the placing of your post, indeed that is what happened.

I like the brilliant way you summarized the whole thing in three sentences in red above

I respect and admire your principle of trying to be as self sufficient as possible.

Good luck and thank you sir.

Edited February 19, 2016 by Frankjavir