I-864 Joint Sponsor

[Mintosman 11]

I am in a unique situation where I was married previously and didn’t need a Joint Sponsor. However after a divorce and remarrying, the NVC has said I need a Joint Sponsor even though I make well over the 125% of Poverty guidelines. 
my question is: my I-864 application for my 2nd marriage was required to include my prior wife and kids (which I sponsored years ago) when determining the size of my household. Because I now need a Joint Sponsor, does this new Joint Sponsor also have to include the previous immigrants when determining household size? Since they are only Sponsoring my current wife and kids I don’t know how the CO/Embassy will count their application size. 
Also, I assume the new Joint Sponsor would not be liable for my first spouse as they were not apart of that application/approval process. 
 

I would appreciate any answers you may have! 
thank you in advance!

Edited October 10, 2020 by Mintosman

[JeanneAdil 6,498]

Is it less than 10 years from marriage to former spouse 

and did that spouse remarry

u could still be responsible for her under the affidavit of support?

and are the kids under that support affidavit ?  or thru child support ?

if they are yours ,  you have to claim them on the new affidavit

if she became a citizen or has worked 40 quarters ,,  you  are not responsible for her 

[Mintosman 11]

Yes, less than 10 years and yes I am still responsible. But will my new Joint Sponsor also be responsible for them too or will the Joint Sponsor only need to qualify as my Joint Sponsor by meeting the means test that includes my previous wife and kids?

Edited October 10, 2020 by Mintosman

[Chancy 6,241]

2 hours ago, Mintosman said:

Yes, less than 10 years and yes I am still responsible. But will my new Joint Sponsor also be responsible for them too or will the Joint Sponsor only need to qualify as my Joint Sponsor by meeting the means test that includes my previous wife and kids?

 

New joint sponsor will not be financially responsible for the beneficiaries of your previous petitions.  Do not include previous immigrants in calculating household size of new joint sponsor.

 

[pushbrk 12,882]

5 hours ago, Mintosman said:

Yes, less than 10 years and yes I am still responsible. But will my new Joint Sponsor also be responsible for them too or will the Joint Sponsor only need to qualify as my Joint Sponsor by meeting the means test that includes my previous wife and kids?

OK, but there is no actual question about 10 years.  You are required to count anybody you previously sponsored who is still an LPR.  If they left the USA, or became a citizen, you do NOT count them.  10 years is not a magic number for anything.  You can be responsible for their lifetime, depending on circumstances.

 

Your joint sponsor is NOT responsible for the immigrants YOU previously sponsored.

[Mintosman 11]

Correct. They are still LPR's so I listed them under my I-864. My ultimate question is: My Household size is 9 (counting previous sponsored LPR's) when my Joint Sponsor fills out the I-864 will they need to match the number on mine (9) or would it be 6 (9 minus the 3 previously sponsored LPR's)? Thanks Pushbrk!!

[pushbrk 12,882]

1 hour ago, Mintosman said:

Correct. They are still LPR's so I listed them under my I-864. My ultimate question is: My Household size is 9 (counting previous sponsored LPR's) when my Joint Sponsor fills out the I-864 will they need to match the number on mine (9) or would it be 6 (9 minus the 3 previously sponsored LPR's)? Thanks Pushbrk!!

Answered already above.  I said, "

Your joint sponsor is NOT responsible for the immigrants YOU previously sponsored."

 

[Mintosman 11]

That’s understood but not my question. My question is only pertaining to the “household size” or  “income means” portion of the I-864.
Does the Joint Sponsor list the members of their household + impending immigrants OR the same size of household as the Petitioner put in the original I-864 (that was deemed unsatisfactory)?

I agree the Joint Sponsor is not responsible for the first marriage. I am only wondering if the CO wants the Joint Sponsors income level to “match” the Petitioners requirements.

For example: the Petitioners income is required to be $62,500 for 9 people. If the Joint Sponsor only has to meet income requirements of their household plus the immigrants on the Joint I-864 application, their income requirements are substantially lower ($38,500).
Another way to phrase my question would be: which income level will Joint Sponsor be required to meet?

I am hoping that your answer is the smaller number but I just want to make sure. Because I could see the government not wanting somebody to take the easy way out and find somebody with a lower income but at the same time all they have to qualify for is the individuals they would be sponsoring.

[pushbrk 12,882]

39 minutes ago, Mintosman said:

That’s understood but not my question. My question is only pertaining to the “household size” or  “income means” portion of the I-864.
Does the Joint Sponsor list the members of their household + impending immigrants OR the same size of household as the Petitioner put in the original I-864 (that was deemed unsatisfactory)?

I agree the Joint Sponsor is not responsible for the first marriage. I am only wondering if the CO wants the Joint Sponsors income level to “match” the Petitioners requirements.

For example: the Petitioners income is required to be $62,500 for 9 people. If the Joint Sponsor only has to meet income requirements of their household plus the immigrants on the Joint I-864 application, their income requirements are substantially lower ($38,500).
Another way to phrase my question would be: which income level will Joint Sponsor be required to meet?

I am hoping that your answer is the smaller number but I just want to make sure. Because I could see the government not wanting somebody to take the easy way out and find somebody with a lower income but at the same time all they have to qualify for is the individuals they would be sponsoring.

Your joint sponsor must meet the income level for his own household plus the immigrant or immigrants he is sponsoring.  He answers the questions that are asked of him on the form.  There are no questions on HIS form about people YOU sponsored before.

[Mintosman 11]

Thank you as always! Wonderful insight.