If the primary petitioner's income becomes sufficient later, can a joint sponsor be withdrawn/removed prior to the consular interview?

[ConfusedMrandMrs 0]

Situation: Husband (USC Petitioner) recently laid off from job just before I-130 approval (Consular processing). Tax receipts of last 3 years show sufficient income, but due to current $0 income, we would have to use a joint sponsor to meet requirements for the NVC (any other option suggestions are welcome).

Reason: It can be expected that he will get a decent job by the time the interview is scheduled at the consulate (which will probably take at least 5 months). We really do not want to put this legal burden our joint sponsor if we can help it.

Question: Is it possible to update the Affidavit of Support (I-864) to withdraw our joint sponsor after documents are approved by NVC and just before scheduled consular interview, and make the petitioner the sole sponsor for the immigrant? Could it negatively impact the visa approval?

 

Following is only information we have been able to find on this through official sources:

[Crazy Cat 43,354]

2 hours ago, ConfusedMrandMrs said:

Question: Is it possible to update the Affidavit of Support (I-864) to withdraw our joint sponsor after documents are approved by NVC and just before scheduled consular interview, and make the petitioner the sole sponsor for the immigrant?

Yes. But ONLY if you can submit/substitute a valid I-864 from a qualified petitioner/sponsor who has documented sufficient earned income for the future or sufficient assets.   Past tax returns do not qualify a sponsor.  Expected earned income (based on current gross income) for the future 12 months or sufficient assets are the qualifiers.  "We expect the petitioner to have qualified employment" will not work. 

I would take the new I-864 to the interview.

Remember that, once the visa has been issued, the Joint Sponsor is obligated under the I-864 until new immigrant has become a US citizen, has lost LPR status, has earned 40 credited quarters of work, or has died. 

Edited Friday at 07:07 PM by Crazy Cat

[Crazy Cat 43,354]

The other option is to wait until petitioner has sufficient income to submit NVC documents.

[JeanneAdil 6,864]

I would expect the CO to want the joint sponsor as the job will be pretty  new (unless he is hired back by same employer)

 

[ConfusedMrandMrs 0]

31 minutes ago, Crazy Cat said:

The other option is to wait until petitioner has sufficient income to submit NVC documents.

Isn’t there any time limit or deadline for submitting the required docs to NVC once we receive the approval and the invitation to create an account? 

[ConfusedMrandMrs 0]

3 minutes ago, JeanneAdil said:

I would expect the CO to want the joint sponsor as the job will be pretty  new (unless he is hired back by same employer)

 

Hmm. We hadn’t thought about this. 
Is there a reason having a new employment creates doubt for the CO? 

[Crazy Cat 43,354]

16 minutes ago, ConfusedMrandMrs said:

Isn’t there any time limit or deadline for submitting the required docs to NVC once we receive the approval and the invitation to create an account? 

A year

[JeanneAdil 6,864]

16 minutes ago, ConfusedMrandMrs said:

Hmm. We hadn’t thought about this. 
Is there a reason having a new employment creates doubt for the CO? 

so much depends on the CO and things like "has the USC been working steady? does the USC flip from job to job?  will income be the same or loosing some salary or job benefits like health care insurance"  its all up to CO at interview

i would play it safe and be prepared for a joint sponsor who is USC or LPR and has US address

[ConfusedMrandMrs 0]

1 minute ago, Crazy Cat said:

A year

Oh then I suppose we could wait for him to get a new employment, would delay our timeline by a little.

However…

1 hour ago, Crazy Cat said:

Yes. But ONLY if you can submit/substitute a valid I-864 from a qualified petitioner/sponsor who has documented sufficient earned income for the future or sufficient assets. 

By documented, do you mean recent pay stubs from his future new job? How many months of pay stubs would be needed to qualify him without issue? 

Say if he got employed 2 months before the interview, couldn’t 2 new paystubs + past tax returns /W2s…etc. (showing he had a stable and sufficient income in recent years) be considered sufficient for us to safely withdraw our joint sponsor? 

 

On the other hand, we would move forward with our joint sponsor if he hasn’t gotten employed by that point. 

[ConfusedMrandMrs 0]

15 minutes ago, JeanneAdil said:

so much depends on the CO and things like "has the USC been working steady? does the USC flip from job to job?  will income be the same or loosing some salary or job benefits

Oh I see what you’re saying.
 

Do you know if having W2 for past years showing stable income from same employer could perhaps help convince the CO? 

Edited Friday at 08:07 PM by ConfusedMrandMrs
Information was confusing

[Crazy Cat 43,354]

23 minutes ago, ConfusedMrandMrs said:

Say if he got employed 2 months before the interview, couldn’t 2 new paystubs + past tax returns /W2s…etc. (showing he had a stable and sufficient income in recent years) be considered sufficient for us to safely withdraw our joint sponsor? 

Probably.  The CO will always have the sole approval authority.

[ConfusedMrandMrs 0]

7 hours ago, Crazy Cat said:

Probably.  The CO will always have the sole approval authority.

Hmm okay. Well, thanks a lot! At least we have a few options to consider now. 

[Ryan H 3,853]

Moved from Progress Reports to Process & Procedures.