Using a co-sponsor relying on assets instead of meeting the poverty guidelines with income?

[LondonWelsh 0]

Hi there

Another question from me I'm afraid!

As my husband (the petitioner) has been in the UK for 10yrs we will have to prove he is intending to redomicile in the States which I believe we have in-hand.

We are using his father as my co-sponsor as my husband doesn't earn enough money in addition to him being currently non-domicile.

I've just found out that my self-employed FiL has filed way lower on his IRS in 2015 than in previous years and no longer meets the poverty guidelines.

He is now claiming Social Security on top of his earnings which takes him to *just* below the poverty guidelines.

He owns three houses almost outright (just a small amount left on the mortgages) and also has savings and stocks/shares, which altogether total over $250,000.

Is it OK for a co-sponsor to rely on assets and not meet the poverty guidelines?!

TIA for any help! My interview is in September and I've only just found out this information (he was filing $30k+ before)

Yours hopefully! LW x

[Nich-Nick 3,354]

Read the I-864 instructions. It explains use of assets to put him over the top when his income falls short. You'll find a section on assets, how to count them, and how to document them. FIL is the sponsor for the purpose of the form instructions because he is jointly sponsoring.

[LondonWelsh 0]

Thanks, I've been looking at this doc https://www.uscis.gov/i-864p

I didn't realise as well that from the looks of it the poverty guidelines for us are set at 125% because he's not my spouse or parent. I think his income should be $25,200 and his assets need to total 5 x this so $126,00.

I've also just read on another thread that a primary address does not count - ie the one he's living in I guess. So we should only count the 2 houses he owns but doesn't live in?

We've cash value of stocks, bonds, certificates of deposit as $132,985 so I'm hoping it should all be ok.

You're right though, as usual I need to do more reading. My Mother in Law is the preparer for my FiL with his affidavit so she's been doing the research mostly with this one. (They're many years divorced and not living together so household size is still 2).

We'll get there eventually!

Read the I-864 instructions. It explains use of assets to put him over the top when his income falls short. You'll find a section on assets, how to count them, and how to document them. FIL is the sponsor for the purpose of the form instructions because he is jointly sponsoring.

[Nich-Nick 3,354]

It's not all salary or all assets. If his salary fall short $3000, then you only have to multiply $3000 times five to know the assets required. Read the instructions. They explain it better than any post. Get your information from the source.

Edited August 2, 2016 by Nich-Nick

[LondonWelsh 0]

Oh! Thank you. I will. I find the way things are written on the official docs sometimes a bit confusing, but I'll admit I've probably left this one to my MiL a bit too much. Time for me to get more reading done.

It's not all salary or all assets. If his salary fall short $3000, then you only have to multiply $3000 times five to know the assets required. Read the instructions. They explain it better than any post. Get your information from the source.

Oh! Thank you. I will. I find the way things are written on the official docs sometimes a bit confusing, but I'll admit I've probably left this one to my MiL a bit too much. Time for me to get more reading done.

It's not all salary or all assets. If his salary fall short $3000, then you only have to multiply $3000 times five to know the assets required. Read the instructions. They explain it better than any post. Get your information from the source.