Can a 90-year-old retiree be a co-sponsor?

[Clobags2510 8]

Just to clarify, I applied for a CR1 visa (spousal visa) and my father in law was a joint sponsor. My father in law was 86 years old at the time. I don’t know whether it would change with any other type of visa (I have no experience of other visas!). My husband had zero income at the time so the income requirement was satisfied using my father in laws income alone. I don’t whether it made a difference that I was able to prove I had a substantial amount of savings when I moved and was capable of supporting myself and my husband. The question of the age of my joint sponsor, my father in law was never brought up at my appointment at the embassy. Hope this helps! 

[OrlandoGringo 1]

1 minute ago, Rocio0010 said:

Yes. I guess I’m thinking if the officer was a stickler, they could give them trouble for that. I think it’s an interesting situation and I’ve never thought of that scenario before.

It's my understanding that officials have to adhere to certain standards.  I am not aware that said officials have the flexibility to change those standards based on their own personal feelings.  May I ask how you came to that understanding?  Thank you.

[SusieQQQ 11,586]

1 minute ago, Clobags2510 said:

Just to clarify, I applied for a CR1 visa (spousal visa) and my father in law was a joint sponsor. My father in law was 86 years old at the time. I don’t know whether it would change with any other type of visa (I have no experience of other visas!). My husband had zero income at the time so the income requirement was satisfied using my father in laws income alone. I don’t whether it made a difference that I was able to prove I had a substantial amount of savings when I moved and was capable of supporting myself and my husband. The question of the age of my joint sponsor, my father in law was never brought up at my appointment at the embassy. Hope this helps! 

Absolutely that could /would have made a difference, as described in the assets section of the i864 instructions. This is why they always look at the totality of the circumstances, and why sometimes we also see that even though sponsors meet the income requirements they are nevertheless told to find a joint sponsor. It’s never just one number and ignore everything else.

[OrlandoGringo 1]

17 hours ago, SusieQQQ said:

The sponsor needs to be able to support the immigrant until the immigrant becomes a citizen, or until they have performed 40 quarters (10 years) of work. Do the math.

Ok, show us the law or regulation that discusses the age of a co-sponsor.  I'll wait.  

[Clobags2510 8]

I’m not able to find any info stating an upper age limit. What we need is someone who has had experience of having a joint sponsor being rejected for that reason. Anyone?

[Rocio0010 5,579]

12 minutes ago, OrlandoGringo said:

It's my understanding that officials have to adhere to certain standards.  I am not aware that said officials have the flexibility to change those standards based on their own personal feelings.  May I ask how you came to that understanding?  Thank you.

I came to that understanding by being around VJ a lot. Consular officers (or USCIS officers) can assess a case based on totality of circumstances. That means it is not based on personal feelings, rather, based on the circumstances. In this case, a 90 year old might not be around for much longer in order to fulfill their part of the contract, which is, to repay to the government should the applicant make use of a means- tested benefit.

Most likely, the other case was approved because of the assets, so they really did not look much into the joint sponsor simply because the applicant didn’t need it.

Totality of circumstances also work the other way around: sometimes, even though there is a qualified sponsor, the applicant is told to find another one, due to different reasons. For example, a newly found job, or something is amiss with their assets.

 

On another note, you gave very little information and your timeline is incomplete. Posting in the right forum is key to getting the answer you are looking for; which might not be to your liking. Obviously you don’t like what we’ve been telling you, but instead of fighting with us and saying that our answers are crappy, you should be spending some more time looking into the high quality resources that you seem to have.

[TBoneTX 45,365]

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Rarely has any member so rudely dismissed so much valid and consistent advice from so many experienced members who were so patiently trying to help.

 

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