IR1 - Joint Sponsor income shortfall

[Simon412 2]

Our petition was approved in February but unfortunately the joint sponsors income is too low.

 

We are unable to find an alternative sponsor as other family members are not happy to share personal income details with us (understandable, i wouldnt be comfortable with others knowing my income).

 

It has always been intended that I would continue in the same employement once in the US, could my income (as the beneficiary) be factored into the equation?

 

We found the following on nolo.com

 

" Alternatively, a sponsor might be able to bring his or her income up to the required level—rather than rely on a joint sponsor—by adding the would-be immigrant’s income to his or her own. This is only possible, however, if the would-be immigrant’s income will continue from the same source after he or she gets the green card. "

[USS_Voyager 1,972]

9 minutes ago, Simon412 said:

It has always been intended that I would continue in the same employement once in the US, could my income (as the beneficiary) be factored into the equation?

You will be employed by the same company in your home country even after you reside in the US?

[milimelo 4,481]

What do you mean same employment? Only works if you’re continuing work for the same employer but in the US (if they have offices there). If not and you’ll be looking for a job, then no it wouldn’t qualify. 

 

What’s the USC petitioner doing? Moved ahead and found a job (or two)?

[Simon412 2]

11 minutes ago, USS_Voyager said:

You will be employed by the same company in your home country even after you reside in the US?

Yes same company, same role.

[Simon412 2]

10 minutes ago, milimelo said:

What do you mean same employment? Only works if you’re continuing work for the same employer but in the US (if they have offices there). If not and you’ll be looking for a job, then no it wouldn’t qualify. 

 

What’s the USC petitioner doing? Moved ahead and found a job (or two)?

Yes the same employer, I work remotely. We do not have a registered office in the US though, would that be an issue?

 

My wife will not move back without me, we have three small children and she is currently a stay at home mum so it is just not viable to move separately.

 

The biggest issue we have had is explaining to family the sponsorship requirement, they have either had an issue with disclosing personal information (income) or the potential legal ramifications.

 

Although I earn a generous income and support my family, I can also understand someones hesitation to be a sponsor. Lots of scary claims of suing for support etc. 

 

[SalishSea 17,837]

9 minutes ago, Simon412 said:

The biggest issue we have had is explaining to family the sponsorship requirement, they have either had an issue with disclosing personal information (income) or the potential legal ramifications.

Not surprising.  It is a big deal.  It is a legal contract between the sponsor and the US government.

[SalishSea 17,837]

10 minutes ago, Simon412 said:

My wife will not move back without me, we have three small children and she is currently a stay at home mum so it is just not viable to move separately.

So what is her plan for meeting the requirement to establish domicile?

[Simon412 2]

Just now, Jorgedig said:

So what is her plan for meeting the requirement to establish domicile?

Can my wife not just move back to her home country?

[SalishSea 17,837]

1 minute ago, Simon412 said:

Can my wife not just move back to her home country?

Of course she can.  But if she is sponsoring an immigrants, there are requirements that she show intention to establish domicile.  Please read about this requirement.  I am not sure how strict it is for London, but for other embassies, (Montreal for example), it is quite strict.

[Simon412 2]

Just now, Jorgedig said:

Of course she can.  But if she is sponsoring an immigrants, there are requirements that she show intention to establish domicile.  Please read about this requirement.  I am not sure how strict it is for London, but for other embassies, (Montreal for example), it is quite strict.

We are a family unit and intended to move to the US as such, having 3 small children limits options in that respect. We were just going to rent a property close to family in south Florida, with the view to buy in 24-36 months.

 

The petition has been accepted, I have just held off completing the online submission and booking interview because our sponsors income is too low.

 

Very grateful for your fast responses and help, it is a trying time. My wife is absolutely sick of the UK and wants to be home, I on the other am quite happy in the UK but will do whatever will make her happy.

[SalishSea 17,837]

2 minutes ago, Simon412 said:

We are a family unit and intended to move to the US as such, having 3 small children limits options in that respect. We were just going to rent a property close to family in south Florida, with the view to buy in 24-36 months.

 

The petition has been accepted, I have just held off completing the online submission and booking interview because our sponsors income is too low.

 

Very grateful for your fast responses and help, it is a trying time. My wife is absolutely sick of the UK and wants to be home, I on the other am quite happy in the UK but will do whatever will make her happy.

Okay.  It is my understanding that there is still a requirement (post-petition phase) for her, as your petitioner, to show intent to domicile.  Examples of how to do this are available here on VJ.

[Simon412 2]

4 minutes ago, Jorgedig said:

Okay.  It is my understanding that there is still a requirement (post-petition phase) for her, as your petitioner, to show intent to domicile.  Examples of how to do this are available here on VJ.

Do you know where to look for the examples? I thought I had read every guide available.

 

We assumed that applying for a visa would be intent on its own, I guess I would be curious as to why anyone would subject themselves to such a process and cost if they then had no intention to actually reside in the country?

[SalishSea 17,837]

36 minutes ago, Simon412 said:

Do you know where to look for the examples? I thought I had read every guide available.

 

We assumed that applying for a visa would be intent on its own, I guess I would be curious as to why anyone would subject themselves to such a process and cost if they then had no intention to actually reside in the country?

From USCIS.gov:  If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

 

This, and more info is located at:  

https://www.uscis.gov/greencard/green-card-processes-procedures  See 'Affidavit of Support.'

[Simon412 2]

7 minutes ago, Jorgedig said:

From USCIS.gov:  If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

 

This, and more info is located at:  

https://www.uscis.gov/greencard/green-card-processes-procedures  See 'Affidavit of Support.'

My wife has lived in the UK for 5 years (4 years at submission of the I-130), would living in the UK for 5 years be considered temporary?

 

We do not own any property in the UK and have limited ties, it would be difficult to evidence the UK as a permanent domicile.

 

We have no way of showing that she has domicile in the US until we actually move back.

 

So, are we flogging a dead horse even trying?

[Simon412 2]

Our joint sponsor has an income of $20,125, I believe but do correct me if wrong that the minimum required income is $21,137 for a sponsor with 1 dependant?

 

If the above is correct, can I use assets to make up the difference?