Affidavit of Support - Need a co-sponsor?

[talsi]

My husband, the USC, currently has an annual income of $50K and upon our relocation to the US, it will increase to about $90K. We will of course be including an official letter from his employer stating these facts. Would you still advise for a co-sponsor even though these salaries are well above the required 125% of the Federal Poverty Guidelines? We have no problem finding a suitable co-sponsor, however, if there is no need for it, we would prefer to avoid the hassle.

[talsi]

Also, at what what point in the process does the I-864 need to be submitted and with who? The USCIS or the GUZ Consulate?

[Randy W]

 

 

My husband, the USC, currently has an annual income of $50K and upon our relocation to the US, it will increase to about $90K. We will of course be including an official letter from his employer stating these facts. Would you still advise for a co-sponsor even though these salaries are well above the required 125% of the Federal Poverty Guidelines? We have no problem finding a suitable co-sponsor, however, if there is no need for it, we would prefer to avoid the hassle.

 

You'll know you NEED a co-sponsor when (IF) they ask for one.

 

However, the figure of $90K is well above what would normally cause a problem. Be sure to HIGHLIGHT this figure (with a cover sheet, or otherwise bringing it to the FRONT of your I-864 affidavit). His ability to support you while in the U.S. is the primary concern. My standard line here is that "enough" is not necessarily ENOUGH - they are required to look at the "totality of circumstance" in determining whether you might be a public charge in the U.S. However, your husband seems to have this pretty well covered - a job and a place to live (right?)

[talsi]

We don't have a place to live yet, that will only be dealt with once we arrive. We do have family nearby my husband's working place though, which we will be able to live with initially until we get settled. That is somewhat of a soft landing. Don't think the immigration officer would care for that though...

 

Have you heard of cases dealing with similar amounts of income being rejected before?

[Randy W]

We don't have a place to live yet, that will only be dealt with once we arrive. We do have family nearby my husband's working place though, which we will be able to live with initially until we get settled. That is somewhat of a soft landing. Don't think the immigration officer would care for that though...

 

Have you heard of cases dealing with similar amounts of income being rejected before?

 

You need a domicile - a place to hang your hat upon arrival. Yes, they do care for that. We can't speak for the Immigrations officers, but your husband seems to have you pretty well covered.

[talsi]

Also, when exactly will I be asked to submit the I-864? Do I only provide it at the interview or does it need to be submitted beforehand?

[dnoblett]

My income was 50k when I sponsored my wife, we did not use a joint sponsor because that is well more than twice the minimum.

 

If your spouse's income will continue after returning to the states and you have evidence of this then should not be required to have one.

 

However you never know what the interviewing officer may request. However I have yet to see a post where the request a joint sponsor where the primary sponsor can show a high income.

 

Also, when exactly will I be asked to submit the I-864? Do I only provide it at the interview or does it need to be submitted beforehand?

It is brought to the visa interview. And a copy may be submitted when they request documents, usually at "Packet 3" P3 stage.

[newacct]

 

However, the figure of $90K is well above what would normally cause a problem. Be sure to HIGHLIGHT this figure (with a cover sheet, or otherwise bringing it to the FRONT of your I-864 affidavit). His ability to support you while in the U.S. is the primary concern. My standard line here is that "enough" is not necessarily ENOUGH - they are required to look at the "totality of circumstance" in determining whether you might be a public charge in the U.S. However, your husband seems to have this pretty well covered - a job and a place to live (right?)

Affidavit of Support can only consider current income, not future income. So it's not the $90k. But the $50k which will continue should be more than enough.

[dnoblett]

 

 

However, the figure of $90K is well above what would normally cause a problem. Be sure to HIGHLIGHT this figure (with a cover sheet, or otherwise bringing it to the FRONT of your I-864 affidavit). His ability to support you while in the U.S. is the primary concern. My standard line here is that "enough" is not necessarily ENOUGH - they are required to look at the "totality of circumstance" in determining whether you might be a public charge in the U.S. However, your husband seems to have this pretty well covered - a job and a place to live (right?)

Affidavit of Support can only consider current income, not future income. So it's not the $90k. But the $50k which will continue should be more than enough.

 

True, the 90K would not be noted on the I-864, however an employer letter indicating that income will be 90K after arrival in the states will help.

[talsi]

Thanks guys for sharing your knowledge and experience and for all the reassurance. I think we just might give it a shot on our own.

[Randy W]

 

 

However, the figure of $90K is well above what would normally cause a problem. Be sure to HIGHLIGHT this figure (with a cover sheet, or otherwise bringing it to the FRONT of your I-864 affidavit). His ability to support you while in the U.S. is the primary concern. My standard line here is that "enough" is not necessarily ENOUGH - they are required to look at the "totality of circumstance" in determining whether you might be a public charge in the U.S. However, your husband seems to have this pretty well covered - a job and a place to live (right?)

Affidavit of Support can only consider current income, not future income. So it's not the $90k. But the $50k which will continue should be more than enough.

 

 

 

The Consulate is REQUIRED BY LAW to consider the totality of circumstances, and NOT just the Affidavit of Support. It is up to you to present the correct picture. If the $50K will not be a continuing figure, then it is NOT enough. Like I said - "Be sure to HIGHLIGHT this figure (with a cover sheet, or otherwise bringing it to the FRONT of your I-864 affidavit)."

 

The fact that the income "will continue" represents future income.

[Randy W]

Also, when exactly will I be asked to submit the I-864? Do I only provide it at the interview or does it need to be submitted beforehand?

 

You will be asked to submit a copy of it either with the P-3 or the P-4. Bring the original to the interview.

[Andelu]

Will share my recent experience. My husband submitted my I-864 at his interview on 11/4. I included all the documentation to substantiante my completed I-864 along with a cover letter stating my employment would continue in the US at my same current remuneration.

 

At the conclusion of his interview he was given a white paper which said his visa was approved but he was required to submit an employment offer for the petioner (me) and his notarial birth certificate. Not an issue, both were submitted a week later. Then two weeks later, 11/25 notified by email that "Petitioner letter of employment must include wage information" . Stupid omission on my part, re-submitted the letter of employment with wage information the same day. The visa was issued today 12/5/2013.

 

Bottom line - provide as much information as possible - I should have known and assumed to provide a continued letter of employment with wage information from the very beginning.

 

As Randy has stated numerous places - "My standard line here is that "enough" is not necessarily ENOUGH - they are required to look at the "totality of circumstance" in determining whether you might be a public charge in the U.S."

Edited December 5, 2013 by Andelu (see edit history)

[talsi]

Thanks Andelu, I have sent you a private message.

[talsi]

One more question in regards to filing back tax returns for the past few years. Would filing 'married separate' as opposed to 'married joint' have any impact on the green card process and the "totality of circumstance"?