Sending in I-129F packet -- is this okay?

[geowrian 22,337]

3 minutes ago, SmilingDuck said:

How is it a joint sponsor if your finances are not considered jointly? 

 

The post above says that if it's a household member then they are able to combine income with the primary sponsor. Is that wrong? 

Think "jointly and severally liable" - each individually is fully and equally responsible for the obligations on their own. If you have a lease for $1000/month and have a roommate on the lease, that doesn't mean the landlord can't require $1,000 from just you if your roommate refuses to pay (although addressing their non-payment would be a separate issue for you).

Other than that, it's just the term they use to designate somebody who is joining their I-864 packet (not income/assets) with yours.

 

If one meets the requirements of the I-864A (https://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf), then the income can be combined.

Quote

Who May Be Considered a Household Member for Purposes of Form I-864A?

For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor; or

3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A.

Item #2 would only apply if you are currently living with them.

 

2 minutes ago, SmilingDuck said:

AOS is not done til after we are in America and then we will be living in the same house so she would be a household member. 

In that case, she can be a household member via an I-864A at that time. Note that this is NOT a joint sponsor - you are still the primary and only sponsor here. And yes, the household size would be 3 again, so the $26,662 figure applies as the minimum.

 

2 minutes ago, SmilingDuck said:

Right now I'm looking at the I-134. According to the way the form is set up it becomes a household of 3 (me, her, and him). I am not her dependent on her taxes nor is she financially responsible for me but that worksheet told me it was 3.

The I-134 has no equivalent of an I-864A. It only has sponsors and co sponsors. So you would each provide an I-134. Your household size would be 2 (you and him), and hers would be 2 (her and him). I get it seems odd, but keep in mind they are separate here.

[Luu 5]

46 minutes ago, Paul & Mary said:

Household members can file I-864/I864A but that is for AOS.

 

You need one I-134 Sponsor that can sponsor the petition.   Again that is at the Consulate stage not the USCIS stage 

I understand that it's at the consulate stage but if we are not financially ready for the consulate stage then the USCIS stage is a waste because it will be denied at the next step and we'd need to start again. If we know we're ready for the consulate stage then filing now is good. 

[Luu 5]

47 minutes ago, geowrian said:

Think "jointly and severally liable" - each individually is fully and equally responsible for the obligations on their own. If you have a lease for $1000/month and have a roommate on the lease, that doesn't mean the landlord can't require $1,000 from just you if your roommate refuses to pay (although addressing their non-payment would be a separate issue for you).

Other than that, it's just the term they use to designate somebody who is joining their I-864 packet (not income/assets) with yours.

 

If one meets the requirements of the I-864A (https://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf), then the income can be combined.

Item #2 would only apply if you are currently living with them.

 

In that case, she can be a household member via an I-864A at that time. Note that this is NOT a joint sponsor - you are still the primary and only sponsor here. And yes, the household size would be 3 again, so the $26,662 figure applies as the minimum.

 

The I-134 has no equivalent of an I-864A. It only has sponsors and co sponsors. So you would each provide an I-134. Your household size would be 2 (you and him), and hers would be 2 (her and him). I get it seems odd, but keep in mind they are separate here.

This is a fabulous reply. 

[Just Paul 4,595]

9 minutes ago, SmilingDuck said:

I understand that it's at the consulate stage but if we are not financially ready for the consulate stage then the USCIS stage is a waste because it will be denied at the next step and we'd need to start again. If we know we're ready for the consulate stage then filing now is good. 

You can always slow it down at the consulate.  

 

It is amazing how many people find sponsors after getting a 221(g)

[Luu 5]

50 minutes ago, geowrian said:

Think "jointly and severally liable" - each individually is fully and equally responsible for the obligations on their own. If you have a lease for $1000/month and have a roommate on the lease, that doesn't mean the landlord can't require $1,000 from just you if your roommate refuses to pay (although addressing their non-payment would be a separate issue for you).

Other than that, it's just the term they use to designate somebody who is joining their I-864 packet (not income/assets) with yours.

 

If one meets the requirements of the I-864A (https://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf), then the income can be combined.

Item #2 would only apply if you are currently living with them.

 

In that case, she can be a household member via an I-864A at that time. Note that this is NOT a joint sponsor - you are still the primary and only sponsor here. And yes, the household size would be 3 again, so the $26,662 figure applies as the minimum.

 

The I-134 has no equivalent of an I-864A. It only has sponsors and co sponsors. So you would each provide an I-134. Your household size would be 2 (you and him), and hers would be 2 (her and him). I get it seems odd, but keep in mind they are separate here.

For the I-134, we would be sponsor and co-sponsor.

 

Do we both need to prove 125% individually or do they just look at one or how does the finance bit work ? Can our income and assets be combined to make the 125% for this one? 

Like, whether they accept us or not I know is a case by case basis but financially, would we make it based on my financials I have listed before? (My income was like 3,000 or something like that (bc I was living here for half of that year ) but my savings is 17k -- that's the only split in the difference of the numbers). 

[geowrian 22,337]

5 minutes ago, SmilingDuck said:

For the I-134, we would be sponsor and co-sponsor.

 

Do we both need to prove 125% individually or do they just look at one or how does the finance bit work ? Can our income and assets be combined to make the 125% for this one? 

Like, whether they accept us or not I know is a case by case basis but financially, would we make it based on my financials I have listed before? (My income was like 3,000 or something like that (bc I was living here for half of that year ) but my savings is 17k -- that's the only split in the difference of the numbers). 

The I-134 is a unique beast. It is only a tool to help the CO assess if the beneficiary will become a public charge. It is not mandatory by law or policy. COs from some countries rarely even ask for it, some go by the 100% FPL level and other by the 125% FPL level as a minimum. Some always want the tax return and others not.  Some are more strict (not just minimums) than others (India is known to be quite strict, and Mexico is supposedly considerably more difficult recently). Some will consider assets and others won't. Some will consider a co sponsor only on a case by case basis. Some will allow self-sponsorship. Some just want a pay stubs or employment letter as evidence of income. It really is such a wide space here from 1 country to the next...as the form is only a tool and not a requirement.

 

Anyway...

For the I-134, the CO will look at both of them and determine if there is a public charge issue based upon a totality of the circumstances. I really can't say what they will decide, nor what they are likely to decide in this case (I don't know that consulate well enough to speak as to how strict they are with the use of assets and/or borderline cases).

 

One thing I want to point out...current income is how much you are making now. If it is earned abroad, then it must also continue from the same source upon return to the US to be considered. Unless I misunderstood something, you have no US-based income at this time.

The $17k in assets would equal about ~$5,667 in annual income (3:1 ratio for assets of a spouse....technically it's 5:1 for a non-spouse or child but many COs still consider the 3:1 ratio as they will be a spouse quickly afterward).

[Ryan H 3,812]

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