Affidavit of Support (I-864) - Joint Sponsor

[CalCowBoy 5]

I had my visa (IR1) interview on Monday (March 14, 2022). My wife (USC petitioner) lives in Canada with me. She doesn't have any income so we opted in to qualify for the Affidavit of Support (I-864) based on assets alone (we showed more than enough assets).

 

However, They CO refused my visa under section 221(g) - Proof of US income or assets in the US to meet the Affidavit of Support requirements - or - Joint Sponsor (I-864, recent taxes, and proof of status). He stressed enough that the assets need to be in the USA to qualify. 

 

The CO asked me to get a joint sponsor. I am working to a joint sponsor.  looking at the I-864 form for the joint sponsor option. I need clarification on the FORM I-864 for the joint sponsor : 

 

Part 5:

Item Number 6. If you have sponsored any other persons on Form I-864 or Form I-864EZ who are lawful permanent residents. enter the number here: 

 

The join sponsor has sponsored other family members whose visa application is still under processing. Do I need to include the number of other family members at Item 6 or not. As I read the instruction which clearly stated to include only lawful permanent residents.

 

Any help is appreciated.

[Chancy 6,243]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[pushbrk 13,133]

48 minutes ago, CalCowBoy said:

I had my visa (IR1) interview on Monday (March 14, 2022). My wife (USC petitioner) lives in Canada with me. She doesn't have any income so we opted in to qualify for the Affidavit of Support (I-864) based on assets alone (we showed more than enough assets).

 

However, They CO refused my visa under section 221(g) - Proof of US income or assets in the US to meet the Affidavit of Support requirements - or - Joint Sponsor (I-864, recent taxes, and proof of status). He stressed enough that the assets need to be in the USA to qualify. 

 

The CO asked me to get a joint sponsor. I am working to a joint sponsor.  looking at the I-864 form for the joint sponsor option. I need clarification on the FORM I-864 for the joint sponsor : 

 

Part 5:

Item Number 6. If you have sponsored any other persons on Form I-864 or Form I-864EZ who are lawful permanent residents. enter the number here: 

 

The join sponsor has sponsored other family members whose visa application is still under processing. Do I need to include the number of other family members at Item 6 or not. As I read the instruction which clearly stated to include only lawful permanent residents.

 

Any help is appreciated.

Depends on what you mean by "sponsored".  If the joint sponsor completed an affidavit of support, and the visas have not been issued and used yet, you don't count them.  "who are lawful...." needs to be taken literally.  

[CalCowBoy 5]

9 minutes ago, pushbrk said:

Depends on what you mean by "sponsored".  If the joint sponsor completed an affidavit of support, and the visas have not been issued and used yet, you don't count them.  "who are lawful...." needs to be taken literally.  

Thank you @pushbrk. I was interpreting the same way as the the joint sponsor completed an affidavit of support, and the visas have not been issued and used yet. I don't need to count them.

 

Great to have a validation. Take care.

[more00 17]

How much income she making a year 

[Redro 4,612]

3 hours ago, CalCowBoy said:

I had my visa (IR1) interview on Monday (March 14, 2022). My wife (USC petitioner) lives in Canada with me. She doesn't have any income so we opted in to qualify for the Affidavit of Support (I-864) based on assets alone (we showed more than enough assets).

 

However, They CO refused my visa under section 221(g) - Proof of US income or assets in the US to meet the Affidavit of Support requirements - or - Joint Sponsor (I-864, recent taxes, and proof of status). He stressed enough that the assets need to be in the USA to qualify. 

 

The CO asked me to get a joint sponsor. I am working to a joint sponsor.  looking at the I-864 form for the joint sponsor option. I need clarification on the FORM I-864 for the joint sponsor : 

 

Part 5:

Item Number 6. If you have sponsored any other persons on Form I-864 or Form I-864EZ who are lawful permanent residents. enter the number here: 

 

The join sponsor has sponsored other family members whose visa application is still under processing. Do I need to include the number of other family members at Item 6 or not. As I read the instruction which clearly stated to include only lawful permanent residents.

 

Any help is appreciated.

To clarify: all of your assets are in Canada not the US? Is this why they suggested a joint sponsor? 

[carmel34 3,657]

17 hours ago, CalCowBoy said:

My wife (USC petitioner) lives in Canada with me.

Did the officer ask about US domicile?  This is very strictly enforced in Montreal, and often the USC spouse has to move to the US before the beneficiary to set up a US apartment/home.  This is in addition to financial sponsorship issues.

[CalCowBoy 5]

1 hour ago, carmel34 said:

Did the officer ask about US domicile?  This is very strictly enforced in Montreal, and often the USC spouse has to move to the US before the beneficiary to set up a US apartment/home.  This is in addition to financial sponsorship issues.

@carmel34The CO didn't ask for the domicile. I had submitted a letter (Intent to re-establish domicile in the US by my wife) with the following docs which might have helped. 

 

Appendix A: I have maintained voter registration (online voter registration lookup).

Appendix B: Inquired for leasing an apartment.

Appendix C: My husband (beneficiary), an IT professional, is actively searching for jobs in the US, had few interviews. Attached are some print outs of those interviews.

Appendix D: I have registered my kids.

Appendix E: I have gathered quotes for the auto insurance and renters insurance.

Appendix F: I have gathered quotes for the moving (uPack and uHaul).

Appendix G: Communication with our realtor to sell our house.

[CalCowBoy 5]

15 hours ago, Kor2USA said:

To clarify: all of your assets are in Canada not the US? Is this why they suggested a joint sponsor? 

@Kor2USA yes, all the provided assets are in Canada. The CO asked me are these assets in US when I mentioned that we have financial assets to qualify in I-864. I was given a number of options, get a letter from my employer that I could work from the USA, show assets in the USA 5X the poverty threshold, get a job in the USA or get a joint sponsor.