Can a joint sponsor be a family member who has also been petitioned for?

[Bengalita 12]

Hello. Please tell me if this can be done.

US Citizen woman is now petitioning for her husband and stepdaughter. In all, she has to meet the Poverty Guidelines for a family of 5, because she also petitioned for her parents a few years ago and they attained Permanent Residency through her (and they're not US Citizens yet, so she's still responsible for them). However, her income alone does not meet the Poverty Guidelines for a family of 5.

She lives in the same household as her parents. Can she use their income as household members?

Also, they have 1 dependent. So in all, if US Citizen woman used her parents as joint sponsors, they would have to make enough for a family of 5... (both of them, plus their daughter's husband and stepchild, plus their dependent)

Is this correct?

Thanks!

[newacct 688]

She should use her parents as her (the primary sponsor's) household members instead of as joint sponsors. That way she can combine her income with theirs for a household size of 5.

One of her parents could act as joint sponsor (and the other parent as the first parent's household member), but in that case her parents' income alone would have to be enough for a household size of 5. They wouldn't combine income with her as she is not in the household.

[Bengalita 12]

She should use her parents as her (the primary sponsor's) household members instead of as joint sponsors. That way she can combine her income with theirs for a household size of 5.

One of her parents could act as joint sponsor (and the other parent as the first parent's household member), but in that case her parents' income alone would have to be enough for a household size of 5. They wouldn't combine income with her as she is not in the household.

Hello again. Thanks for answering. ))

This is what happened. She actually earns $37,000, now that we're in 2016. Her boss wrote a letter for this purpose and she has stubs that prove that she earns more now in 2016 than in 2015. However, her most recent taxes for 2015 showed an income of only 33,000 (does not meet the requirements for a family of 5). Immigration did not accept her new, 2016 income of $37,000 and said that she doesn't qualify. Probably because they're basing the income on the last completed year of 2015. So they sent a letter stating that she needs to either list assets (which is a pain in the butt) or get a joint sponsor.

She wants to use her parents as household members, in order to combine incomes. (They all live in the same house; they can prove it by presenting their driver's licenses w/ the same address). Her parents' combined income is 48,000. However, maybe it's just necessary to count her father's income alone ($27,000/year). I don't think we would need to count her mother's (which is $21,000).

Here's why:

If you add 33,000 (hers) and 27,000 (dad's), the total is $60,000.

This satisfies and goes beyond the requirement of family of 5.

What do you think?

So father should fill out I864-A and present his 2015 taxes plus his W-2's only, correct?

Immigration is giving her the opportunity to 'get it right' .. one last time, or the petition will be denied. So we need to 'get it right' this time. Thanks so much for your input.

[newacct 688]

Hello again. Thanks for answering. ))

This is what happened. She actually earns $37,000, now that we're in 2016. Her boss wrote a letter for this purpose and she has stubs that prove that she earns more now in 2016 than in 2015. However, her most recent taxes for 2015 showed an income of only 33,000 (does not meet the requirements for a family of 5). Immigration did not accept her new, 2016 income of $37,000 and said that she doesn't qualify. Probably because they're basing the income on the last completed year of 2015. So they sent a letter stating that she needs to either list assets (which is a pain in the butt) or get a joint sponsor.

She wants to use her parents as household members, in order to combine incomes. (They all live in the same house; they can prove it by presenting their driver's licenses w/ the same address). Her parents' combined income is 48,000. However, maybe it's just necessary to count her father's income alone ($27,000/year). I don't think we would need to count her mother's (which is $21,000).

Here's why:

If you add 33,000 (hers) and 27,000 (dad's), the total is $60,000.

This satisfies and goes beyond the requirement of family of 5.

What do you think?

So father should fill out I864-A and present his 2015 taxes plus his W-2's only, correct?

Immigration is giving her the opportunity to 'get it right' .. one last time, or the petition will be denied. So we need to 'get it right' this time. Thanks so much for your input.

Yes, that should be fine. I think the petitioner should attach their re-filled I-864, showing the income included from the household member and how it adds up to the combined household income.