Co-sponsor"s income for spouse visa revisited

[gradtaai 8]

I have seen this subject go round and round here.

For ir-1/cr-1 visas, it is stated you need 3X the 125% poverty level. But I have seen here often told that the co-sponsor has to meet the 5x 125% poverty level. This does not sound logical since it seems that requirement for the spouse visa is 3X. But on the other hand,if the cosponsor is being treated as the beneficiary, then it would no longer considered a spousal visa.

[NikLR 13,227]

Proper term for this set of forms is joint sponsor.

The joint sponsor would need 5x the ASSETS vs 3x for a spouse. This is not 3x or 5x the poverty guidelines in income, just assets if income alone does not qualify. If this is an issue, find a new job for the spouse to make enough income OR find a joint sponsor who makes enough income.

The poverty guidelines are ridiculously low. Trying to support two people on 20k a year is almost impossible in almost all places in the country.

Edited March 9, 2016 by NLR

[gradtaai 8]

OK, just to be clear.

Let me correct my original question

For ir-1/cr-1 visas, it is stated you need 3X the 125% poverty level in assets. But I have seen here often told that the joint sponsor has to meet the 5x 125% poverty level in assets. This does not sound logical since it seems that requirement for the spouse visa is 3X. But on the other hand,if the cosponsor is being treated as the petitioner, then it would no longer considered a spousal visa.

Now by example. If the petitioner does not have the income or the assets, but the joint sponsor is using income alone, they have to meet the 125% poverty income for the number of household members. If the petitioner can not meet the income requirement and uses assets to meet the shortfall, the value of the assets is divided by 3. If the joint sponsor can not make the income requirement and uses assets to meet the shortfall, the value of the assets is divided by 5.

[NikLR 13,227]

Again, joint sponsor.

The assets value is based on the relationship of the petitioner, aka primary sponsor, to the beneficiary not the visa type.

Read page 9 of the instructions. It's quite clear.

Edited March 9, 2016 by NLR

[dwheels76 5,468]

OK, just to be clear.

Let me correct my original question

For ir-1/cr-1 visas, it is stated you need 3X the 125% poverty level in assets. But I have seen here often told that the joint sponsor has to meet the 5x 125% poverty level in assets. This does not sound logical since it seems that requirement for the spouse visa is 3X. But on the other hand,if the cosponsor is being treated as the petitioner, then it would no longer considered a spousal visa.

Now by example. If the petitioner does not have the income or the assets, but the joint sponsor is using income alone, they have to meet the 125% poverty income for the number of household members. If the petitioner can not meet the income requirement and uses assets to meet the shortfall, the value of the assets is divided by 3. If the joint sponsor can not make the income requirement and uses assets to meet the shortfall, the value of the assets is divided by 5.

Your assessment is wrong. A joint sponsor would never e the petitioner. The petitioner is always the SPONSOR. And other person's income you use is your joint sponsor. and yes they would have to meet at 5X's it's not their spouse so why wouldn't the rules be a bit stern. They are expecting the Petitioner to be able to support their spouse. Some use income and assets some use assets alone.

So again a Joint sponsor can not be the petitioner. The petitioner is ALWAYS the sponsor.

[gradtaai 8]

Maybe I have a thick skull, but again, I am hearing two different answers.

dwheels is explicit in stating that the joint sponsor's assets are measured at 5X the 125% poverty level. Quote "and yes they would have to meet at 5X's it's not their spouse"

But Proudly Canadian says quote "The assets value is based on the relationship of the petitioner, aka primary sponsor, to the beneficiary" which would 3X the 125% poverty level requirement for both the sponsor/petitioner and the joint sponsor.

Page 9 of the instructions points out 3x vs 5x assets criteria for spouse petitions.

Item Number 10.

Total Value of Assets. In order to qualify based on the value of your assets, the total value of your
assets must equal at least five times the difference between your total household income and the current Federal Poverty
Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor
child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant
is a foreign national orphan who will be adopted in the United States after he or she acquires permanent residence, and
who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the
difference

But the only example given in for a parent, not a spouse

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is
$22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000.
In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is
signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference
(5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

So, again, Is the assets of the joint sponsor treated the same as the sponsor/petitioner when the beneficiary is a spouse.

This not a discussion about whether or not someone can live in the US at 125% poverty level without government support

[NikLR 13,227]

Maybe I have a thick skull, but again, I am hearing two different answers.

dwheels is explicit in stating that the joint sponsor's assets are measured at 5X the 125% poverty level. Quote "and yes they would have to meet at 5X's it's not their spouse"

But Proudly Canadian says quote "The assets value is based on the relationship of the petitioner, aka primary sponsor, to the beneficiary" which would 3X the 125% poverty level requirement for both the sponsor/petitioner and the joint sponsor.

Page 9 of the instructions points out 3x vs 5x assets criteria for spouse petitions.

Item Number 10.

Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size, however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference

But the only example given in for a parent, not a spouse

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is

$22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000.

In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is

signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference

(5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

So, again, Is the assets of the joint sponsor treated the same as the sponsor/petitioner when the beneficiary is a spouse.

This not a discussion about whether or not someone can live in the US at 125% poverty level without government support

Dwheels and I are saying the exact same thing.

Joint sponsors are not the primary sponsor to the beneficiary.

It is 5x the assets for a JOINT SPONSOR ALWAYS.

It is 3x the assets for a petitioner, AKA PRIMARY SPONSOR, for a MINOR CHILD or SPOUSE ONLY.

If someone is petitioning their parent the assets is 5x

If someone is petitioning their sibling the assets is 5x

Any other sponsorship, beyond the petitioner for a spouse or minor child, is 5x. That means ALL joint sponsors are 5x the assets. Period.

Edited March 10, 2016 by NLR

[NikLR 13,227]

Also... please.... my username is NLR. My self given title is Proudly Canadian, but that is not my username. Dwheels76's title is Queen Software Test Engineer. Thank you.

[gradtaai 8]

Thank you NLR and DWHEELS76

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.