Joint Sponsor did not meet income requirement

[pdc29 3]

Good Afternoon,

 

This question might have already been asked and answered, but I could not seem to find it. Please bear with me, and any help would be greatly appreciated.

 

We are working on IR1 visa. We got our case complete on May 18 and we received a checklist on May 25 stating that we did not meet income requirement on one of the pages. We used a joint sponsor, and it said on the bottom that we need to submit the joint sponsor's w2 2015 on the day of the interview. I phoned NVC to clarify the situation. The person I talked to mentioned that what she is getting from the letter is that the joint sponsor did not meet the income requirement as well. My question is, can we use another joint sponsor? I am thinking we could ask the original joint sponsor's husband to be the other sponsor or my husband's mother as a household member. I also have savings and pension plan that I could withdraw and a vehicle that I can use for assets. Anybody who could comment with the experience around this and how they overcome this would be highly appreciated. I am just worried that during the interview the CO would deny my visa just because of that. Looking forward to hearing from you. Thank you in advance. 

[Jordan8768 107]

2 minutes ago, pdc29 said:

Good Afternoon,

 

This question might have already been asked and answered, but I could not seem to find it. Please bear with me, and any help would be greatly appreciated.

 

We are working on IR1 visa. We got our case complete on May 18 and we received a checklist on May 25 stating that we did not meet income requirement on one of the pages. We used a joint sponsor, and it said on the bottom that we need to submit the joint sponsor's w2 2015 on the day of the interview. I phoned NVC to clarify the situation. The person I talked to mentioned that what she is getting from the letter is that the joint sponsor did not meet the income requirement as well. My question is, can we use another joint sponsor? I am thinking we could ask the original joint sponsor's husband to be the other sponsor or my husband's mother as a household member. I also have savings and pension plan that I could withdraw and a vehicle that I can use for assets. Anybody who could comment with the experience around this and how they overcome this would be highly appreciated. I am just worried that during the interview the CO would deny my visa just because of that. Looking forward to hearing from you. Thank you in advance. 

You can use as many joint sponsors as you want. You just need to meet the requirements! I'm not 100% sure of the logistics of having more sponsors but I'm sure it's just a case of them filling out the i864 (think that's the one) and having the necessary tax forms and such. 

[pdc29 3]

1 minute ago, Jordan8768 said:

You can use as many joint sponsors as you want. You just need to meet the requirements! I'm not 100% sure of the logistics of having more sponsors but I'm sure it's just a case of them filling out the i864 (think that's the one) and having the necessary tax forms and such. 

Thank you for your quick reply!

[Jordan8768 107]

1 minute ago, pdc29 said:

Thank you for your quick reply!

No problem! I know the feeling waiting for answers. Just read the instructions carefully and do the calculations and make sure you have met the required amount. I had problems with the USCIS approving my joint sponsor and she had six figures. It's only when we spelt out and proved that she had the adequate amount that they moved my case on. 

 

Good luck with your case!:)

[Jojo92122 1,924]

There can only be one Joint Sponsor.  

 

The JS can have more than one Household Member.

 

If you plan to not use a JS and rely on your assets, then you will need 5x the shortcomings.  (For example, if you need $25,000 to meet the 125% poverty line and you are short $2,000 and make only $23,000, you would need 5x $2,000 = $10,000 in assets.)  It doesn't make sense to drain your account and sell your care if you will not meet this requirement and have to go with a JS.

[Jordan8768 107]

1 minute ago, Dee elle said:

Not really  correct... ypu can only have one joint sponsor who meets the income guidelines is needed.... but that person can use income of others in their household to meet the guidelines. This means 1 I864 and as many I 864a forms as needed 

You cant have person a,  then  person b anc c... all at different residences, whose incomes add together to meet the guidelines. 

My lawyer told me that this is the case before. Also it said so on an RFE. It may not be considered "joint sponsor" but I'm almost certain you can have more than two sponsors. All they care about is that they can get money from people if required. 

[Jordan8768 107]

7 minutes ago, Dee elle said:

I admit I am not a lawyer, but I am still not sure that this interpretation of the guidelines is correct... I am sticking with one joint sponsor but can use multiple of  his /her household members to meet requirements... 

You're most likely correct. I didn't really look into it in depth since I didn't need it. I was just under the impression. However it does seem confusing to have lots of sponsors 

[Jordan8768 107]

2 minutes ago, Dee elle said:

It is both complex and straight forward.... my head did  whole lot of hurting during the process!!

One of the challenges is ensuring you get all the bits of information pertaining to  the situation together as they never seem to be all in the one place. Many times I thought I had it all sorted, only to then read another part of the information elsewhere then have to rethink what I had thought to ensure it was consistent with the new piece of information.. Keep asking!  Hope your journey goes well. 

Exactly this. We had three RFEs in regards to sponsors so we just got a lawyer. You just have to keep chipping away because you'll get to stay with your loved ones forever once it's done

[pdc29 3]

3 hours ago, Jojo92122 said:

There can only be one Joint Sponsor.  

 

The JS can have more than one Household Member.

 

If you plan to not use a JS and rely on your assets, then you will need 5x the shortcomings.  (For example, if you need $25,000 to meet the 125% poverty line and you are short $2,000 and make only $23,000, you would need 5x $2,000 = $10,000 in assets.)  It doesn't make sense to drain your account and sell your care if you will not meet this requirement and have to go with a JS.

Thank you for your reply! 😊

I was under the impression that because I am the spouse I only need 3x the deficit. I will still use a joint sponsor. I am just thinking maybe that would seal ths deal if they see that I have enough assets as well. 

[pdc29 3]

3 hours ago, Dee elle said:

I admit I am not a lawyer, but I am still not sure that this interpretation of the guidelines is correct... I am sticking with one joint sponsor but can use multiple of  his /her household members to meet requirements... 

Do you suggest having a household member of the petitioner or household member of the joint sponsor? 

 

Thank you for you ideas! sure helps to see what other thinks.

[pdc29 3]

3 hours ago, Jordan8768 said:

Exactly this. We had three RFEs in regards to sponsors so we just got a lawyer. You just have to keep chipping away because you'll get to stay with your loved ones forever once it's done

I am really hoping we are going to be done with this! Thanks!

[Suss&Camm 2,213]

10 hours ago, pdc29 said:

Thank you for your reply! 😊

I was under the impression that because I am the spouse I only need 3x the deficit. I will still use a joint sponsor. I am just thinking maybe that would seal ths deal if they see that I have enough assets as well. 

You are correct it is 3x the deficit for spouses - may I ask how much the joint sponsor that you got the letter for makes? The statement that a joint sponsor doesn't meet the income requirements include the scenario where enough evidence hasn't been supplied in order to prove the income - meaning that they might meet it but just didn't prove it, this is a very common feedback/rfe, and doesn't mean you need another joint sponsor, if that is the case.

[millefleur 5,046]

**Moved from Bringing Family Members of US Citizens to America to IR-1 / CR-1 Spouse Visa Process & Procedures**

[pdc29 3]

2 hours ago, Suss&Camm said:

You are correct it is 3x the deficit for spouses - may I ask how much the joint sponsor that you got the letter for makes? The statement that a joint sponsor doesn't meet the income requirements include the scenario where enough evidence hasn't been supplied in order to prove the income - meaning that they might meet it but just didn't prove it, this is a very common feedback/rfe, and doesn't mean you need another joint sponsor, if that is the case.

Thanks for replying.

 

I think she is making 22k and is filling taxes with her husband who makes over 50k.
I am working with an agent to process my visa, but I do not think they understand the difference between joint sponsor and household member. They keep saying that we should be okay because the joint sponsor is going to combine her income with the petitioner, but the joint sponsor is not a household member. With all the readings that I have done (which of course I did after we received the email, thinking the agent would know what to do), I understood that joint sponsor should be able to provide for her household (3) plus the intending immigrant (1) and should be making 125% above poverty line. With a household of 4 she did not meet the income requirement right? Only a household member can combine and make up for the deficit of the petitioner. Am I understanding it correctly? Let me know your thoughts. Thanks. 

[pdc29 3]

12 hours ago, Dee elle said:

As far as NVC and USCIS go, it doesnt matter who is the joint sponsor,  as long as the  requirementa are met.. Realistically, close family members are often more willing to support than others, but it just depends on who has the means to do so.. , find your joint sponsor  where you can.. 

Thank you.

 

If the go around the route of having the joint sponsor's husband be the other sponsor, which form does he need to fill out? another i-864?