Joint sponsor for my wife wants to withdraw in middle of dragged-out RFE process. What options do we have?

[proudbruin93 0]

I'm a USC married to an intending immigrant. We applied for I-485 & I-130 1.5 years ago. We got our first RFE due to my insufficient income. So my sister agreed to become our joint sponsor, thus fulfilling that requirement. We did the interview, but then got another RFE for the AOS a couple months ago (10 months after the interview!!) to prove bona fide validity of marriage. We submitted that evidence recently. However, during the long dragged-out time, some personal things occurred to my sister where she's no longer able to sponsor us - so she wants to withdraw. On a positive note, I've also been able to earn more income via self employment + gain liquid cash assets (with proof) — meaning my anticipated income for 2018 exceeds the min. $20,575 required. Although my filed 2017 taxes of $14,500 don't meet it due to deductions. 

If my sister sends in the withdrawal letter prior to decision being made, how long will it take for my wife's I-130 & I-485 to get denied? ONCE denied, is it viable for us to re-apply with me as primary sponsor using my new income, or motion to re-open the case with new evidence? Or should I proactively withdraw our application to avoid denial and re-apply from scratch?

 

We want to minimize the chances of my wife having to leave the country. Getting a new joint sponsor is unlikely, so suggesting that won't help. Another option is my wife quickly applying for the O1 visa as a short-term solution (she could qualify). Thanks!

[azblk 338]

50 minutes ago, proudbruin93 said:

I'm a USC married to an intending immigrant. We applied for I-485 & I-130 1.5 years ago. We got our first RFE due to my insufficient income. So my sister agreed to become our joint sponsor, thus fulfilling that requirement. We did the interview, but then got another RFE for the AOS a couple months ago (10 months after the interview!!) to prove bona fide validity of marriage. We submitted that evidence recently. However, during the long dragged-out time, some personal things occurred to my sister where she's no longer able to sponsor us - so she wants to withdraw. On a positive note, I've also been able to earn more income via self employment + gain liquid cash assets (with proof) — meaning my anticipated income for 2018 exceeds the min. $20,575 required. Although my filed 2017 taxes of $14,500 don't meet it due to deductions. 

If my sister sends in the withdrawal letter prior to decision being made, how long will it take for my wife's I-130 & I-485 to get denied? ONCE denied, is it viable for us to re-apply with me as primary sponsor using my new income, or motion to re-open the case with new evidence? Or should I proactively withdraw our application to avoid denial and re-apply from scratch?

 

We want to minimize the chances of my wife having to leave the country. Getting a new joint sponsor is unlikely, so suggesting that won't help. Another option is my wife quickly applying for the O1 visa as a short-term solution (she could qualify). Thanks!

just complete and submit a new i-864 with yourself as the sponsor as long as you can provide evidence of your current income. If you wait for a denial then you will have to pay the fees again.

[proudbruin93 0]

Thanks for the reply! What do you mean we will have to pay the fees again? If we submit a new i-864 ourselves, is that considered re-filing already or is that free? Also, is that evidence they will accept if it's not sent to them as part of an RFE? Thanks again!

[azblk 338]

5 minutes ago, proudbruin93 said:

Thanks for the reply! What do you mean we will have to pay the fees again? If we submit a new i-864 ourselves, is that considered re-filing already or is that free? Also, is that evidence they will accept if it's not sent to them as part of an RFE? Thanks again!

Am not sure they will accept it but there is no harm in trying. If you wait for your sister to withdraw as joint sponsor and for i-485 to be denied, then you will have to pay to start over.

[geowrian 22,338]

1 hour ago, proudbruin93 said:

However, during the long dragged-out time, some personal things occurred to my sister where she's no longer able to sponsor us - so she wants to withdraw. On a positive note, I've also been able to earn more income via self employment + gain liquid cash assets (with proof) — meaning my anticipated income for 2018 exceeds the min. $20,575 required. Although my filed 2017 taxes of $14,500 don't meet it due to deductions. 

Is she unable to be a sponsor or doesn't want to anymore? Not much of a difference other than if she still wants to, she doesn't need to provide a new I-864 unless they request it.

If you are self-employed, they will use your income taxes as the primary source to show income. As of right now the money obtained in 2018 is just revenue, not income. The assets can be used, although assets for a spouse need to be at a 3x level.

 

If you meet the requirements, or want to use a different joint sponsor, you can send the I-864 + evidence to them. New fee payments should not be required.

O-1 is another option, although that's usually not a simple (or cheap) process. If the issue is financials, then I would not suggest this personally.

[proudbruin93 0]

13 minutes ago, geowrian said:

Is she unable to be a sponsor or doesn't want to anymore? Not much of a difference other than if she still wants to, she doesn't need to provide a new I-864 unless they request it.

If you are self-employed, they will use your income taxes as the primary source to show income. As of right now the money obtained in 2018 is just revenue, not income. The assets can be used, although assets for a spouse need to be at a 3x level.

 

If you meet the requirements, or want to use a different joint sponsor, you can send the I-864 + evidence to them. New fee payments should not be required.

O-1 is another option, although that's usually not a simple (or cheap) process. If the issue is financials, then I would not suggest this personally.

She feels extra risk averse now (financially) and as a result doesn't want to, so wants to withdraw.

 

Are you saying if I'm self-employed, they don't care about evidence of my current + projected earnings this year? What if I paid quarterly taxes (i.e. for Q1 2018) to give a sense for deductions? I also have bank statement that can prove consistent earnings since December '17 with my self-employment job.  I have a different job circumstance this year compared to last year - so last year's filed gross income isn't representative of my ability to financially support my wife. I'd imagine this is a common case for contractors that work for companies like Uber, Instacart, etc. Thanks!

 

[Lemonslice 4,961]

1 hour ago, proudbruin93 said:

She feels extra risk averse now (financially) and as a result doesn't want to, so wants to withdraw.

 

Are you saying if I'm self-employed, they don't care about evidence of my current + projected earnings this year? What if I paid quarterly taxes (i.e. for Q1 2018) to give a sense for deductions? I also have bank statement that can prove consistent earnings since December '17 with my self-employment job.  I have a different job circumstance this year compared to last year - so last year's filed gross income isn't representative of my ability to financially support my wife. I'd imagine this is a common case for contractors that work for companies like Uber, Instacart, etc. Thanks!

 

If you're in a hurry, you might want to get a regular (employee) position to increase your current income. 

[geowrian 22,338]

6 hours ago, proudbruin93 said:

She feels extra risk averse now (financially) and as a result doesn't want to, so wants to withdraw.

Understandable. Thanks for the clarification. It is what it is then...she can withdraw anytime she wants.

 

6 hours ago, proudbruin93 said:

Are you saying if I'm self-employed, they don't care about evidence of my current + projected earnings this year? What if I paid quarterly taxes (i.e. for Q1 2018) to give a sense for deductions? I also have bank statement that can prove consistent earnings since December '17 with my self-employment job.  I have a different job circumstance this year compared to last year - so last year's filed gross income isn't representative of my ability to financially support my wife. I'd imagine this is a common case for contractors that work for companies like Uber, Instacart, etc. Thanks!

I'm saying the money you earn via your self-employment is considered revenue until you calculate your actual income at the end of the year via taxes. Filing quarterly estimated taxes may be required by the IRS, but that doesn't change what counts as income.

 

Yes, this is a common occurrence for other self-employed individuals.

[proudbruin93 0]

1 minute ago, geowrian said:

Understandable. Thanks for the clarification. It is what it is then...she can withdraw anytime she wants.

 

I'm saying the money you earn via your self-employment is considered revenue until you calculate your actual income at the end of the year via taxes. Filing quarterly estimated taxes may be required by the IRS, but that doesn't change what counts as income.

 

Yes, this is a common occurrence for other self-employed individuals.

 

So in other words, because it's not considered "income" yet for this year, USCIS won't even take it into account? Or will just weigh it less compared to my filed 2017 income? That's not what I'm hearing from other attorneys I've talked to (but of course I'm open to opinions from different people). They all stress it'll be a lot easier with a regular job and will likely get scrutinized more... but none of them have said it won't be qualified towards the minimum income. Are you speaking from personal experience and/or an attorney background? Thanks again!

[geowrian 22,338]

22 minutes ago, proudbruin93 said:

So in other words, because it's not considered "income" yet for this year, USCIS won't even take it into account? Or will just weigh it less compared to my filed 2017 income? That's not what I'm hearing from other attorneys I've talked to (but of course I'm open to opinions from different people). They all stress it'll be a lot easier with a regular job and will likely get scrutinized more... but none of them have said it won't be qualified towards the minimum income. Are you speaking from personal experience and/or an attorney background? Thanks again!

It means it won't qualify towards the minimum income requirement on the I-864.

 

I'm speaking from experience over time looking at a number of cases. I am not an attorney and don't play one on this forum.

 

I wonder if @pushbrk has any thoughts in case I misstated anything or am way off the mark here. He's a pro in (at least!) this area.

Edited April 27, 2018 by geowrian

[pushbrk 13,073]

8 hours ago, proudbruin93 said:

She feels extra risk averse now (financially) and as a result doesn't want to, so wants to withdraw.

 

Are you saying if I'm self-employed, they don't care about evidence of my current + projected earnings this year? What if I paid quarterly taxes (i.e. for Q1 2018) to give a sense for deductions? I also have bank statement that can prove consistent earnings since December '17 with my self-employment job.  I have a different job circumstance this year compared to last year - so last year's filed gross income isn't representative of my ability to financially support my wife. I'd imagine this is a common case for contractors that work for companies like Uber, Instacart, etc. Thanks!

 

It is not "income" in their eyes until it appears on line 22 of a 1040 form.  If your income shortfall is say $6,000, then you'll need to show evidence of three times that in liquid assets to make up the difference.  

[issea 43]

Just curious that does your spouse contribute the income? He/she has EAD and is able to work. 

[databit 328]

21 hours ago, proudbruin93 said:

 Although my filed 2017 taxes of $14,500 don't meet it due to deductions. 
 

Could you amend your 2017 taxes and NOT take the deductions and therefore meet the minimum? It would cost you some money, but better than waiting another 9 months to file 2018 taxes.