Affadavit - meeting requirements but still denied?

[audelair]

Hello, I saw this thread at British Expats: http://britishexpats.com/forum/showthread.php?t=307404

 

The poster says that he and his wife (the petitioner's parents) double the financial requirement and have acted as joint sponsors for his son to immigrate his spouse. They still denied the visa on financial grounds because the son is unemployed.

 

Does this happen a lot? I'm slightly nervous now because I am leaving my company to live with my fiancee (soon to be spouse) in Australia while we go through the process. i have enough savings to qualify for her sponsor, but just to be safe, i am having my brother cosponsor her (and he very easily meets the income requirement). Financially we are all set, but seeing that post on british expats, i'm suddenly nervous about the fact that i'll be unemployed.

 

Any thoughts on this? Does this happen frequently?

Thanks!

[tonado]

I won't worry about it. You should be fine if you meet the min income requirement on I-134.

[audelair]

I won't worry about it.  You should be fine if you meet the min income requirement on I-134.

i hope it'll be fine, but it seems that the interviewer can decide to make employment a requirement. btw. i'll be doing the I-864, not the I-134 (doing DCF spousal visa).

[david_dawei]

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

 

 

 

7. Does a sponsor need to show proof of current employment?

 

 

A sponsor is not required to be employed, so long as the sponsor's income from sources other than employment, or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size. However, it is anticipated that in most cases the sponsor will need to be employed and show proof of employment to meet the income requirements.

[audelair]

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

 

 

 

7. Does a sponsor need to show proof of current employment?

 

 

A sponsor is not required to be employed, so long as the sponsor's income from sources other than employment, or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size. However, it is anticipated that in most cases the sponsor will need to be employed and show proof of employment to meet the income requirements.

hmmm,

I'm trying to understand that a little better. The way I see it is this:

 

- so the ONLY way you can use a joint sponsor to qualify is to at least be employed (making less than the poverty amount) or not have enough assets to cover.

 

- if you are unemployed, you absolutely have to have income or assets to cover among your household (and joint sponsors cannot help).

 

That paragraph seems to imply that you absolutely need to be self-sufficient without a joint sponsor in order to qualify as an unemployed sponsor. Does that sound right?

[david_dawei]

I think your missing the small and important "or":

 

"or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size."

 

----

 

It's always dangerous to read one small snippet out of any document in order to understand the whole...

 

Here are the documents to absorb and know... and people's experience is possibly even better...

 

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

1-864 Check List:

http://travel.state.gov/visa/immigrants/in.../info_1329.html

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/in.../info_1328.html

[audelair]

I think your missing the small and important "or":

 

"or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size."

 

----

 

It's always dangerous to read one small snippet out of any document in order to understand the whole...

 

Here are the documents to absorb and know...  and people's experience is possibly even better...

 

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

1-864 Check List:

http://travel.state.gov/visa/immigrants/in.../info_1329.html

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/in.../info_1328.html

yea, but the "or" refers to those in your "household", not those that are serving as joint sponsors (who can be people outside of your household).

 

Basically, i think it is saying that your HOUSEHOLD has to be self-sufficient if you are going to serve as an unemployed sponsor.

 

It just really seems like being "unemployed" sets a certain condition where joint sponsors cannot always come to the "rescue". no?

 

in any case, i do agree that it's best to understand it as a whole. I've read a lot on it, but i'm going to go re-read the links that you just provided right now

[david_dawei]

I think your missing the small and important "or":

 

"or the income of other qualifying persons in the household and/or assets are sufficient to reach or exceed the poverty line for the sponsor's household size."

 

----

 

It's always dangerous to read one small snippet out of any document in order to understand the whole...

 

Here are the documents to absorb and know...  and people's experience is possibly even better...

 

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

1-864 Check List:

http://travel.state.gov/visa/immigrants/in.../info_1329.html

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/in.../info_1328.html

yea, but the "or" refers to those in your "household", not those that are serving as joint sponsors (who can be people outside of your household).

 

Basically, i think it is saying that your HOUSEHOLD has to be self-sufficient if you are going to serve as an unemployed sponsor.

 

It just really seems like being "unemployed" sets a certain condition where joint sponsors cannot always come to the "rescue". no?

 

in any case, i do agree that it's best to understand it as a whole. I've read a lot on it, but i'm going to go re-read the links that you just provided right now

you can also include her income and assests... but that is another section to read...

 

We need experience, if any, from others to weight in...

[audelair]

you can also include her income and assests... but that is another section to read...

 

We need experience, if any, from others to weight in...

yea, i hope we can get to the bottom of this one

 

as for my SO, she is unemployed (student) right now. I think i'm ok, since my assets will cover the requirement, but i'm trying to understand exactly what that requirement means. I'd hate for us to get denied because of something I didn't quite understand!

 

I swear, everyday i find something new about this visa process to be nervous about!!!

[david_dawei]

I swear, everyday i find something new about this visa process to be nervous about!!! 

And you haven't started the process yet!! Welcome to the world of GUZ !

[frank1538]

Ok, I'm going to give this a shot, but who knows, I may be way off base.

 

This is how I read the requirements for the sponsor.

 

First, if you are relying on income to satisfy the requirements, you must generally have proof of employment. If you are not employed, you can show income from other sources. This, I think is what the link that David provided is aimed at. I would not read the link to say that a sponsor has to be employed to meet the I-864 requirements. Rather, I think the link is saying that you must show proof of employment only if you are using income to satisfy the requirements.

 

Second, if income is not sufficient, 1/5 of your assets (readily convertible to cash) can be used. If you are only using assets to satisfy the I-864 requirements, I don't think it's necessary to be employed or show proof of employment.

 

Third, if some combination of income and/or assets is not sufficient, you need a joint sponsor. Generally, the income/asset rules for the joint sponsor are the same as for the sponsor.

 

As it relates to the individual talked about in the link to British Expats, I have some suspicions. It may have been a question of domicile (a sponsor must be domiciled in the US - hence the VO's requirement to go get a job in the US). It might have been the VO's gut check that the joint sponsor was less than credible. Or, it could have been any number of reasons unrelated to the I-864 itself.

 

Audelair, it seems to me that your being temporarily unemployed while you are with your SO should not be a cause for concern, particularly in view of your having sufficient assets AND having a joint sponsor. The only cautionary note I would make is that you be mindful of your domicile, a shorthand way of defining your place of permanent residence.

[audelair]

Ok, I'm going to give this a shot, but who knows, I may be way off base.

 

This is how I read the requirements for the sponsor.

 

First, if you are relying on income to satisfy the requirements, you must generally have proof of employment.  If you are not employed, you can show income from other sources.  This, I think is what the link that David provided is aimed at.  I would not read the link to say that a sponsor has to be employed to meet the I-864 requirements.  Rather, I think the link is saying that you must show proof of employment only if you are using income to satisfy the requirements.

 

Second, if income is not sufficient, 1/5 of your assets (readily convertible to cash) can be used.  If you are only using assets to satisfy the I-864 requirements, I don't think it's necessary to be employed or show proof of employment.

 

Third, if some combination of income and/or assets is not sufficient, you need a joint sponsor.  Generally, the income/asset rules for the joint sponsor are the same as for the sponsor.

 

As it relates to the individual talked about in the link to British Expats, I have some suspicions.  It may have been a question of domicile (a sponsor must be domiciled in the US - hence the VO's requirement to go get a job in the US).  It might have been the VO's gut check that the joint sponsor was less than credible.  Or, it could have been any number of reasons unrelated to the I-864 itself.

 

Audelair, it seems to me that your being temporarily unemployed while you are with your SO should not be a cause for concern, particularly in view of your having sufficient assets AND having a joint sponsor.  The only cautionary note I would make is that you be mindful of your domicile, a shorthand way of defining your place of permanent residence.

Thank you very much. Your interpretation sounds very good, and makes a lot more sense to me now.

 

After reading more of the situation at britishexpats, i think it is so much more complicated than a simple financial issue, and I hope my process will run smoother!

 

Thanks again