Co-Sponsor Question

[Boiler 45,482]

If you read the I 864 it is pretty clear on the requirements 

[pushbrk 12,877]

7 hours ago, LT1 said:

Thank you.  I was told he needs his tax records and even three years of tax history.  If this is the case, it solves most of the problem.

He needs only information from 3 tax returns or a viable explanation for why he was not required to file for those years.  If he WAS required to file, then he needs to file.  If he didn't file because his worldwide income was below the filing threshold, then that's his reason.  If not, he needs to file.  You as a joint sponsor do not change that requirement.

 

Chances are that unless his wife is coming from India, he doesn't need a joint sponsor, once he's working at the new US Job.  Why isn't HE here asking these questions?

[CEBTL 14]

1 hour ago, pushbrk said:

He needs only information from 3 tax returns or a viable explanation for why he was not required to file for those years.  If he WAS required to file, then he needs to file.  If he didn't file because his worldwide income was below the filing threshold, then that's his reason.  If not, he needs to file.  You as a joint sponsor do not change that requirement.

 

Chances are that unless his wife is coming from India, he doesn't need a joint sponsor, once he's working at the new US Job.  Why isn't HE here asking these questions?

I am here, I made the last post on page one. I just recently moved back and having been dealing with getting all the my paper work together (visa and non-visa paper work)  not to mention the OP is a great friend. 

[SalishSea 17,824]

14 minutes ago, CEbuiltolast said:

I am here, I made the last post on page one. I just recently moved back and having been dealing with getting all the my paper work together (visa and non-visa paper work)  not to mention the OP is a great friend. 

I’m confused.   Usually for DCF, the petitioner remains living abroad.   Are you sure they accepted your request for DCF?

[CEBTL 14]

18 minutes ago, Jorgedig said:

I’m confused.   Usually for DCF, the petitioner remains living abroad.   Are you sure they accepted your request for DCF?

I went to the first interview in China where I submitted the I-130. Since then I had to come to the US for the job, the reason I requested the DCF. When I check the case number on CEAC this is what comes up. However we have not received notification for an appointment yet.  

Edited July 7, 2022 by CEbuiltolast

[pushbrk 12,877]

36 minutes ago, CEbuiltolast said:

I went to the first interview in China where I submitted the I-130. Since then I had to come to the US for the job, the reason I requested the DCF. When I check the case number on CEAC this is what comes up. However we have not received notification for an appointment yet.  

This is an example of why it is so important for you to deal with this in first person, AND to have an accurate timeline.  Your timeline says Texas Service Center and then nothing else except Guangzhou.

 

When did you start the new job?

 

56 minutes ago, Jorgedig said:

I’m confused.   Usually for DCF, the petitioner remains living abroad.   Are you sure they accepted your request for DCF?

No requirement for the petitioner to remain abroad in a DCF case.

[CEBTL 14]

I changed my timeline, I do not know how the Texas info got there. 

 

I requested a DCF from Guangzhou. 4/27/2022
Received notification that DCF request was approved and appointment date to file I-130 5/17/2022

Went to I-130 interview 6/08/2022 

 

I started working 6/20/2022  

[Redro 4,611]

3 hours ago, Jorgedig said:

I’m confused.   Usually for DCF, the petitioner remains living abroad.   Are you sure they accepted your request for DCF?

The majority of DCF cases for short notice relocation involve the USC filing and moving as soon as DCF is approved. So, it checks out. 

 

[dnyal 32]

In case it isn't clear to the OP and his friend, American citizens are required to file a tax return on worldwide income. That means that even if you live overseas and work overseas and no longer have ties to the U.S., you are supposed to file your taxes in the U.S. (unless your foreign income in U.S. dollars is less than the standard deduction). If your income for the past three years has been more than the standard deduction that applies in your case (i.e., single, married filing separately, etc.), then you are supposed to file the corresponding tax form. You can do it retroactively right now. There is a foreign income exclusion or foreign income tax credit (you get one or the other, depending on whether the country you lived and worked in has a tax treaty with the U.S.); making less than the threshold for the foreign income exclusion does NOT mean that you didn't have to file taxes (as I think I saw someone suggesting here). You had to file a tax return, it just may be that, if your income was below the foreign income exclusion, you might not owe taxes to the U.S. government. However, keep in mind that not every income class falls within the foreign income exclusion (I think dividend and interest income are not excluded). It is best if you consult with a tax professional on this, but you definitely needed to file taxes (if your income was above the standard deduction), you can still do it retroactively, and you might not end up paying in taxes, anyway.

[pushbrk 12,877]

2 hours ago, CEbuiltolast said:

I changed my timeline, I do not know how the Texas info got there. 

 

I requested a DCF from Guangzhou. 4/27/2022
Received notification that DCF request was approved and appointment date to file I-130 5/17/2022

Went to I-130 interview 6/08/2022 

 

I started working 6/20/2022  

Then you probably don't need a joint sponsor, but you may well need to file some tax returns.

[Mike E 11,739]

20 hours ago, LT1 said:

How risky is this for me if I do it? He is stating the responsibility for any payments would fall to him first.

That’s not how it works. And as you can see from his posts on this thread, some of this other assumptions about I-864 are also incorrect.   
 

Any time the beneficiary’s income falls below the poverty limit the beneficiary is free to sue any of her I-864  sponsors for financial support to make up the gap.  
 

The I-864 is a contract that is enforceable and there are lawyers who specialize in enforcement suits on a contingency because 30 percent of roughly $1400 a month for the life of the sponsor / beneficiary (which every ends first) is excellent income. The cases are cut and  dried and so you will lose.  
 

Also as a sponsor it will harder for you petition / sponsor anyone else.  
 

If you are still considering this, consider that major changes to financial situations: divorce, job loss, death of petitioner, etc could result in the beneficiary suing you.  
 

 

 

[CEBTL 14]

Just an Update, I am going to try and be the sole sponsor.

June 19th "The U.S. Consulate General Guangzhou has received your application information and will begin the next phase of processing your visa."

We received the request to file DS-260, which we just completed, now just need to mail confirmation of completed DS-260 to the Embassy. 

 

As for my tax returns, I was able to file for 2021, 2020 and get my tax transcript from the IRS for 2019. However, all three years I do not have enough income on my tax receipt that would be 3X the poverty guideline. 

 

But I will be able to report a current income greater than the 3X poverty guideline and I have my job offer letter that shows expected income as well as 5-6 paystubs now that can prove I am making what is in the job offer letter.    

[CEBTL 14]

On 7/22/2022 at 6:37 AM, CEBTL said:

Just an Update, I am going to try and be the sole sponsor.

June 19th "The U.S. Consulate General Guangzhou has received your application information and will begin the next phase of processing your visa."

We received the request to file DS-260, which we just completed, now just need to mail confirmation of completed DS-260 to the Embassy. 

 

As for my tax returns, I was able to file for 2021, 2020 and get my tax transcript from the IRS for 2019. However, all three years I do not have enough income on my tax receipt that would be 3X the poverty guideline. 

 

But I will be able to report a current income greater than the 3X poverty guideline and I have my job offer letter that shows expected income as well as 5-6 paystubs now that can prove I am making what is in the job offer letter.    

I made a big mistake in my post. It is true that my income was not 3x the poverty guideline for the past three years. However, that is not required. You only need to have 125% of the poverty guideline. And good news, on my 3 year tax returns, I did make 125% above the poverty guidelines. So with my 3 years of tax returns above 125% and my current income also above the guidelines, my I-864 should pass no problem. 

 

My wife goes for the interview 8/15. Looking forward to giving a positive update after that. And a big thanks to the community and everyone that offered advice.  

[CEBTL 14]

A quick update,

 

My wife went to the interview  on 8/15. The interview was fine but she was issued a Section 221 (g)

 

In the Section 221 (g), she was told that she needed to mail my (the petitioner) original divorce paper work. In addition, she needed to mail her passport ( my wife's passport.) 

 

I am a little upset, because 2.5 months ago when I went to the first DCF  I-130 interview, I presented my original divorce paper work. 

 

When my wife went for her interview,  she brought a copy of my divorce paperwork, but not the original. The VO said I am giving you a  Section 221 (g) because you do not have the original document. 

 

******************************

With that said, the VO did say "looks like your husband makes enough money," and therefore, from our understanding the I-864 passed 

 

So thank you all.