Co sponsor issues

[brunt11 0]

My wife is an American citizen and we married so are trying for AOS. My wife is unable to sponsor me on her own as she was outside of the states as a student for the last few years. We have exhausted options of family and friends we could use as a co sponsor (too low an Income, too many dependents, tax extensions filed, general reluctance etc) are there any other options or ways to do this process minus a co sponsor? My initial tourist visa has expired so I'm concious that time isn't on our side.

 

any help appreciated 

 

 

[Californiansunset 336]

48 minutes ago, brunt11 said:

My wife is an American citizen and we married so are trying for AOS. My wife is unable to sponsor me on her own as she was outside of the states as a student for the last few years. We have exhausted options of family and friends we could use as a co sponsor (too low an Income, too many dependents, tax extensions filed, general reluctance etc) are there any other options or ways to do this process minus a co sponsor? My initial tourist visa has expired so I'm concious that time isn't on our side.

 

any help appreciated 

 

 

You will have to wait until your spouse makes enough money to sponsor you... you know best how long this might take. Problem is that she can't just get a good paying job and all of a sudden sponsor you. She has to show that she had a stable income for a while. Ideally a good amount more than above the poverty line for a year since they take your overall situation into consideration. Until you can refile AOS, you can not work... thus can't contribute to the financial situation. Giving the circumstances that you are out of status and can't financially help (in fact you are more of a financial burden) it would be best to go back home until your spouse makes enough money to file for spousal visa. 

I know this is a tough decision, especially considering that you already overstayed but you probably should've thought this through a little better before going out of status. 

[brunt11 0]

She already makes enough herself to sponsor me it's just because there's no tax history that we require a co sponsor.

 

i can still do my job from here and own property in the uk which also provides me further income. Is there a way to demonstrate this, and negate the need for co sponsor? What about if I owned residential property here would that make any difference?

[Alabamak1 688]

3 minutes ago, brunt11 said:

She already makes enough herself to sponsor me it's just because there's no tax history that we require a co sponsor.

 

i can still do my job from here and own property in the uk which also provides me further income. Is there a way to demonstrate this, and negate the need for co sponsor? What about if I owned residential property here would that make any difference?

the burden of proven enough income relies on the US citizen, not on the foreign spouse. 

[azblk 338]

1 hour ago, Alabamak1 said:

the burden of proven enough income relies on the US citizen, not on the foreign spouse. 

Not entirely accurate. If the foreign spouse has enough assets they can be used to supplant the need for income from sponsor.

[azblk 338]

1 hour ago, brunt11 said:

She already makes enough herself to sponsor me it's just because there's no tax history that we require a co sponsor.

 

i can still do my job from here and own property in the uk which also provides me further income. Is there a way to demonstrate this, and negate the need for co sponsor? What about if I owned residential property here would that make any difference?

She only needs taxes for most recent tax year. In the absence of that you will have to get creative. Your property in the UK can not be counted as it is in an alien country. If you do own property in the US, It can be used in place of income. You would need to show property worth roughly $65000.

[Wuozopo 4,293]

6 hours ago, brunt11 said:

My wife is an American citizen and we married so are trying for AOS. My wife is unable to sponsor me on her own as she was outside of the states as a student for the last few years. We have exhausted options of family and friends we could use as a co sponsor (too low an Income, too many dependents, tax extensions filed, general reluctance etc) are there any other options or ways to do this process minus a co sponsor? My initial tourist visa has expired so I'm concious that time isn't on our side.

 

any help appreciated 

 

 

Just read the instructions for the I-864 for details. If she has a job now, she can sponsor you. It is about current income. The tax return does not have to show the required amount. She would need the optional things like an employer letter and pay stubs to prove her current income.

 

does she work?

how long has she been working?

do either of you have any savings?

[brunt11 0]

43 minutes ago, Wuozopo said:

Just read the instructions for the I-864 for details. If she has a job now, she can sponsor you. It is about current income. The tax return does not have to show the required amount. She would need the optional things like an employer letter and pay stubs to prove her current income.

 

does she work?

how long has she been working?

do either of you have any savings?

She has been working since the end of January.

i have in excess of $30k saved.

 

well the paralegal at my lawyers office seems adement I need a co sponsor. I will make an appointment and ask some more questions. 

[brunt11 0]

On 27/04/2018 at 7:44 PM, Wuozopo said:

Just read the instructions for the I-864 for details. If she has a job now, she can sponsor you. It is about current income. The tax return does not have to show the required amount. She would need the optional things like an employer letter and pay stubs to prove her current income.

 

does she work?

how long has she been working?

do either of you have any savings?

The problem Is she has no tax return for last year as she was a student. Is a tax return essential for her to sponsor me without a co sponsor?

[azblk 338]

3 hours ago, brunt11 said:

The problem Is she has no tax return for last year as she was a student. Is a tax return essential for her to sponsor me without a co sponsor?

No If you dont have a tax return you have to make do with what you have. USCIS is mostly concerned about current income and tax returns by definition are past income. If you can show with current pay stubs that you are earning more than the poverty level you should be fine.

[Wuozopo 4,293]

7 hours ago, brunt11 said:

The problem Is she has no tax return for last year as she was a student. Is a tax return essential for her to sponsor me without a co sponsor?

So-o-o....you didn't read the instructions to the I-864 like I suggested?

 

Topics of interest to you:

Page 7-8: Current Individual Annual Income 

Page 8: Federal Income Tax Return Information 

Page 9, Line 5: If you were not required to file a Federal income tax return......

Page 9: Use of Assets to Supplement Income 

Page 10: Assets of the Intending Immigrant 

 

Form and instructions. https://www.uscis.gov/i-864

 

 

Edited May 1, 2018 by Wuozopo