Petitioner is unemployed

[kamrankhan 9]

Hello. I am asking this question on behalf of a friend. He wants to sponsor his retired father . He is currently studying full time in a masters degree program. So can he file i130 even though he is unemployed at this time? Will it affect the outcome of the petition? Honest opinion needed please

[Just Paul 4,595]

Go ahead and file.   When it is time for the I-864 he can find a joint sponsor.   He also needs to figure out a plan for his father's healthcare.

[geowrian 22,337]

No issue starting the process regardless of financial capability. But either he needs to meet the financial requirements before proceeding through NVC, or to find a joint sponsor who can.

[kamrankhan 9]

Thanks guys. I have heard that with the public charge rule implemented, parents visas will be decreased. So what else will be needed in this case? Proof of beneficiary property, bank balance and 10000 dollars bond?

[SusieQQQ 11,586]

Instructions for the i1864 detail what you need if you are using assets in lieu of income. See page 9-10 for details. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Some extracts:

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. 

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size.

 

 

(Assuming household size just you and your father,  current poverty guideline is $21137, so if no income you’d need assets that meet the guideline of just under $106k.)

Edited July 21, 2019 by SusieQQQ

[Nitas_man 3,100]

36 minutes ago, kamrankhan said:

Thanks guys. I have heard that with the public charge rule implemented, parents visas will be decreased. So what else will be needed in this case? Proof of beneficiary property, bank balance and 10000 dollars bond?

Public charge has always been a rule.

 

Add a zero to those assets and he’s good to go.

[Boiler 45,519]

Begs the question how hos father can afford to retire in the US, is he independently wealthy?

[JFH 12,190]

You filed for your mother whilst a student, according to your post history. So it will be the same for your “friend” filing for his father. Same process, same rules, same financial requirements. 

[SusieQQQ 11,586]

If it is a household of 3 obviously the requirements goes up for the next beneficiary. So again assuming no income but now a household of 3, the required assets amounts goes up to $133310. 

[kamrankhan 9]

His wife earns around 65000 while he is studying full time. They have two children. No, he has only his father to sponsor .  His father has he property and bank balance.So will he need a co sponsor?

[kamrankhan 9]

Also his father's brother applied i130 for him 2 years ago that was in line but not approved. But now, since his son wants to file, they have withdrawn that petition. They have not received any letter from USCIS as yet. Should they still file another i130 or wait?

[SusieQQQ 11,586]

2 hours ago, kamrankhan said:

His wife earns around 65000 while he is studying full time. They have two children. No, he has only his father to sponsor .  His father has he property and bank balance.So will he need a co sponsor?

So it’s a household of 5? 

The comments about property and bank balance are useless without knowing value, if the proceeds can be brought over etc - the things I took the time to detail in my first post above. Anyway if you follow the link I posted (I even gave you the page numbers, it’s not like you have to search the document) you should be able to work it out. 

Edited July 21, 2019 by SusieQQQ

[kamrankhan 9]

@SusieQQQ   I understand that. I meant to ask that even though he has a relative ready to co sponsor him, will he still need to show his assets abroad in context of new rule of Public charge? His co sponsor has income well over 140k with 2 persons in his family

[SusieQQQ 11,586]

6 minutes ago, kamrankhan said:

@SusieQQQ   I understand that. I meant to ask that even though he has a relative ready to co sponsor him, will he still need to show his assets abroad in context of new rule of Public charge? His co sponsor has income well over 140k with 2 persons in his family

This is like drawing blood from a stone! First you ask if he needs a co-sponsor if he has assets . Now it turns out the co-sponsor already exists and you ask does he still need assets!! Dribs and drabs on numbers!  Anyway all the information you - or your  friend - needs is in the instructions. Perhaps you - or your friend- can take the time to read through them and then ask if there is still anything that needs clarifying? 

Edited July 21, 2019 by SusieQQQ

[kamrankhan 9]

well. I think I messed this up. In my mind, I have the notion that after the implementation of the public charge rule, IO will judge the applicant on the basis of his age, income, assets, health etc. So what will be needed to make sure that he gets the visa? I just mentioned that applicant has property as well as a ready cosponsor if he needs it.