Divorce but still sponsor?

[marcie60928 0]

Hello, I'm posting this inquiry for a friend.

She recently became a USC but is also going through a divorce. She now wants to petition for her father whom lives and works in the US. Since she is going through a divorce she moved to another state with a family member and just started a new job. Her question is, since she filed her taxes with her soon-to-be ex husband, does he have to be the sponsor since she doesn't make enough income to "support" her father? If this is the case, is it a problem that they are currently going through a divorce? I read somewhere that she can be a sponsor and use her father's income without having to use someone else as a sponsor, wondering if that is true or not.

Thank you and grateful for any help given!!

[Transborderwife 4,666]

Is he working legally?

[aaron2020 11,651]

Hello, I'm posting this inquiry for a friend.

She recently became a USC but is also going through a divorce. She now wants to petition for her father whom lives and works in the US. Since she is going through a divorce she moved to another state with a family member and just started a new job. Her question is, since she filed her taxes with her soon-to-be ex husband, does he have to be the sponsor since she doesn't make enough income to "support" her father? No. The Joint Sponsor can be anyone who is over 18 years old and is either a USC or LPR. If this is the case, is it a problem that they are currently going through a divorce? No. I read somewhere that she can be a sponsor and use her father's income without having to use someone else as a sponsor, wondering if that is true or not.

Thank you and grateful for any help given!!

What visa would her father be adjusting from?

[marcie60928 0]

Well Im not sure in what sense legally, but he works with his ITIN number instead of a social. He came to the US on a visitors visa which has then expired.

[Transborderwife 4,666]

Well Im not sure in what sense legally, but he works with his ITIN number instead of a social. He came to the US on a visitors visa which has then expired.

Then no. He's working illegally and his income cannot count.

[aaron2020 11,651]

Well Im not sure in what sense legally, but he works with his ITIN number instead of a social. He came to the US on a visitors visa which has then expired.

He's working illegally. An ITIN is for paying taxes, it does not confer any legal status or work authorization.

Since he is not authorized to work, they can not use his income. Income from illegal activities can not be used.

As an Immediate Relative of a USC who entered with inspection (legally as a visitor), then he qualifies for AOS.

[Villanelle 4,122]

Her question is, since she filed her taxes with her soon-to-be ex husband, does he have to be the sponsor since she doesn't make enough income to "support" her father? If this is the case, is it a problem that they are currently going through a divorce? I read somewhere that she can be a sponsor and use her father's income without having to use someone else as a sponsor, wondering if that is true or not.

The second part was answered already. The first part is more delicate. Technically you are married until you get the final divorce decree. So if the soon to be ex wants to sign a joint aff of support he can and would be doing anything wrong. It does get a bit technical then because you sign and submit the 864 waaaay before the visa or adjustment of status approval occurs. If something changes during that time you are suppose to notify them. They base their approvals on the info they have at the time. If you know they have wrong info and say nothing... well...

So if they divorce (meaning final decree) after the 864 is signed but before dads interview/approval then its a problem. He is no longer the spouse and the info has changed. If its after then see above.

[Villanelle 4,122]

Hmm no one else responded...

I wanted to add (I thought someone would call me out on it lol) that the 864 is technically valid indefinitely from the date its submitted. They dont expire. If your income changes from when its submitted you dont need to submit a new form. However we are talking about here the marital relationship making the husband able to use his income on the joint sponsor form. If it was valid at the time and remains valid. The problem is they can deny it based on 'future income projections' as the couple is no longer married and maybe one side (the husband) wont work so much after the divorce because of needing to take care of kids or I really dont know. They can come up with all kinds of reasons if they want. Will they? I dont know. Any time things are outside of the 'normal' its a shot in the dark.

Would the husband be able to be a joint sponsor on his own or does it have to be combined with the wife? The best you can suggest to her is to send it in and if it gets rejected then she will need to find someone to help her. Providing she still doesnt make enough and they reject the husband.

[Villanelle 4,122]

I also want to add for clarity the 864 is considered 'submitted when it gets to NVC- not when you mail it in. Depending on the speed of the divorce and the speed of USCIS you may end up with a valid at the time mailed 864 but not valid when it gets to NVC.

[EM_Vandaveer 2,417]

I also want to add for clarity the 864 is considered 'submitted when it gets to NVC- not when you mail it in. Depending on the speed of the divorce and the speed of USCIS you may end up with a valid at the time mailed 864 but not valid when it gets to NVC.

No NVC in this case, it would Adjustment of Status not an immigrant visa case.

[Villanelle 4,122]

The affidavit of support becomes enforceable at the time the alien adjusts status or
enters the United States with an immigrant visa. Thus, for USCIS purposes, the sponsor
must be qualified (the I-864 must be sufficient) at the time adjustment of status is
approved, not at the time the Form I-485 is filed.

Because of the lengthy processing time of adjustment cases, applicants will often
need to bring updated documents to the adjustment interview. In order to ease this
problem, local offices may set individual policy regarding whether Form I-864 should
be submitted at the time of filing for adjustment or at the time of the adjustment interview.
If the office chooses to request the Form I-864 at the time of filing for adjustment such
office may accept a signed Form I-864 that does not meet requirements. In this type
of situation, additional or updated documentation proving eligibility must be submitted
at the interview.