Joint Sponsor Question

[APA 44]

I’m looking to file my petition within a few weeks but I will not return to the US and find a job until April. I plan to be working at the time of our interview. However, at that point I will have been unemployed with zero income for 2 years and I do not have sufficient assets to meet the asset requirement. Worst case scenario (unlikely but I’d rather plan for it) is I don’t have a job at the time of interview. So I will use a joint sponsor. This person has well over the required income and assets. How does this work? Is it acceptable if that person has income/assets and I don’t? 

[JFH 12,190]

Depends on the embassy that is processing your case and their stance on co-sponsors. 

[Pmta1 39]

3 hours ago, APA said:

I’m looking to file my petition within a few weeks but I will not return to the US and find a job until April. I plan to be working at the time of our interview. However, at that point I will have been unemployed with zero income for 2 years and I do not have sufficient assets to meet the asset requirement. Worst case scenario (unlikely but I’d rather plan for it) is I don’t have a job at the time of interview. So I will use a joint sponsor. This person has well over the required income and assets. How does this work? Is it acceptable if that person has income/assets and I don’t? 

 

If you don't have enough income or assets, you're allowed to use a joint sponsor to replace you as a sponsor. A handful of consulates don't accept joint sponsors so it's your duty to verify this beforehand with them. Look it up on their website or directly email them to ask. 

 

Secondly, the I-134 works in a similar fashion for the joint sponsor as it does for the primary petitioner. They will fill out the forms, include their evidence, and fulfill any other requirements as per instructions. They essentially "replace" you in terms of paperwork.

 

Before you get into all of that, though, I suggest you consider that you, yourself, are allowed to sponsor your fiance using the I-134 even if you haven't worked for a long time and have recently gotten a job. The policy 9 FAM 302.8-2(C)(4) says that you're allowed to use a letter of employment to verify that you indeed have a job and income without explicitly needing tax documentation.

[geowrian 22,337]

Technical note: There is no "joint" sponsor for the I-134. Joint sponsors apply for the I-864.

Tax documentation may or may not be requested by the CO. It's not required (the I-134 itself is not required by law), but it is something the CO can request to determine if they are likely to become a public charge or not.

Different consulates tend to have different requirements, especially with regards to evidence of income, acceptance of a co sponsor or assets, the importance of tax returns, and what makes somebody likely to become a public charge or not.

The CO looks at a totality of the circumstances. See the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

Note that a copy of the tax return will be required for AOS.

A primary sponsor is never "replaced". There are cases where somebody can be determined inadmissible due to a public charge concern even with a sufficient co or joint sponsor, based solely on the primary sponsor (petitioner) and/or beneficiary's circumstances. I'm not suggesting that is the case here by any means..just pointing out that they do look at the primary sponsor's circumstances even with a co or joint sponsor.

[APA 44]

To clarify, it will be the Phnom Penh, Cambodia consulate and they do accept joint sponsors. 

 

 

[APA 44]

6 hours ago, Pmta1 said:

 

If you don't have enough income or assets, you're allowed to use a joint sponsor to replace you as a sponsor. A handful of consulates don't accept joint sponsors so it's your duty to verify this beforehand with them. Look it up on their website or directly email them to ask. 

 

Secondly, the I-134 works in a similar fashion for the joint sponsor as it does for the primary petitioner. They will fill out the forms, include their evidence, and fulfill any other requirements as per instructions. They essentially "replace" you in terms of paperwork.

 

Before you get into all of that, though, I suggest you consider that you, yourself, are allowed to sponsor your fiance using the I-134 even if you haven't worked for a long time and have recently gotten a job. The policy 9 FAM 302.8-2(C)(4) says that you're allowed to use a letter of employment to verify that you indeed have a job and income without explicitly needing tax documentation.

Our consulate does (Cambodia). 

 

I’d like to do this without a joint sponsor but I don’t want to assume that I can get approved alone on a technicality. I would rather have a joint sponsor available and ready in case I need them. I’d rather have a strong case and not have to worry about it.  

[APA 44]

On 12/8/2019 at 3:36 AM, geowrian said:

Technical note: There is no "joint" sponsor for the I-134. Joint sponsors apply for the I-864.

Tax documentation may or may not be requested by the CO. It's not required (the I-134 itself is not required by law), but it is something the CO can request to determine if they are likely to become a public charge or not.

Different consulates tend to have different requirements, especially with regards to evidence of income, acceptance of a co sponsor or assets, the importance of tax returns, and what makes somebody likely to become a public charge or not.

The CO looks at a totality of the circumstances. See the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

Note that a copy of the tax return will be required for AOS.

A primary sponsor is never "replaced". There are cases where somebody can be determined inadmissible due to a public charge concern even with a sufficient co or joint sponsor, based solely on the primary sponsor (petitioner) and/or beneficiary's circumstances. I'm not suggesting that is the case here by any means..just pointing out that they do look at the primary sponsor's circumstances even with a co or joint sponsor.

I’m confused. Are you saying that I won’t need to have a joint sponsor at the time of interview, only at the time of AOS?