mrsvic

hello
been "googling" trying to find answer to my question and happened to come across this site. I've read lots of postswith some great responses and hope someone will also be able to provide me with some advice.

i currently live in the US on an L1 visa and my son come to visit during which timehe met and fell in love with a wonderful girl
They have filed all relevent forms I130 I485 I864 I765 biometrics etc.
They have received NOA for all and my son has received his BIO appt.

The only concern i have is on the sponsorship. My daughter in law only earns appx 11k a year,she has savings and investments approx 11k and her parents give her an allowance of 1k a month.

This was all put on form and bank statements were sent to provide proof of allowance from her parents for the last 2 years to current

Do you think this will suffice? as we cant sponsor them as we on here on visa



,

Noorah101

Hi mrsvic, Welcome to BE.

I do not think it will be acceptable. She earns 11K a year. Add to that the 1,000 from her family, making it 12K a year. The minimum she needs to earn is 18K a year (approximately...I have not looked it up).

So she's lacking 6K per year on income. But wait, she has assets of savings and investments. If assets are used, they must equal 3x the amount she would have needed in income, which means that 6K she's lacking in income, she'd need to show 18K worth of assets. However, she only has 11K worth of assets.

Which means she is still falling short of what she needs on the I-864. They can expect to get an RFE for this.

They will need to find a joint sponsor. Anyone who is a USC or US PR, age 18 or over, and living in the USA can be a joint sponsor.

Best Wishes,
Rene

mrsvic

Rene

thanks for your response. The allowance from her parents is 1k per month = 12k per year.
The thing that concerned me was would the allowance be acceptable?

Thanks,

Noorah101

My apologies, I misread the scenario.

Her 11K a year plus her allowance of 12K a year brings her to 23K a year which puts her over the necessary amount.

To be honest, I don't know if that will be an acceptable income/asset or not....I suppose if she has a way of showing how long she's been receiving the 1K per month allowance, and has proof that it will continue for some time, then USCIS would probably allow it.

What proof did she send of that particular income?

Rene

mrsvic

she sent bank statements.
Also you mentioned they may get an RFE - so they wouldnt just get denied if income wasn't sufficient, they would be given opportunity to get another sponsor?

Noorah101

Yes, if they do end up getting an RFE for the I-864, it won't be a denial. USCIS will give them an opportunity to find a joint sponsor.

Rene

mrsvic

many thanks Rene, ill keep u posted

sorry. just thought of something - is the i485 dependent on sponsor or is it the i130

Rete

I'm assuming these are very young people who do not have full time employment and quite possibly are attending school.

Does your son and his wife live with her parents? Why are her parents supporting her and now that she is married continuing to support her?

I seriously doubt that her parents contribution to her financial support will be acceptable as income for her. If she is living at home, then her parents should include their income on form I-864A as household members.

Noorah101

The I-485 is the main application going on here. The I-130 just gives the immigrant the opportunity to file the I-485. Not sure exactly what your question is, but they will need to overcome the I-864 dilemma in order for your son to adjust status to permanent resident, period.

Rene

ian-mstm

If they get an RFE, they will have 30 days to submit proof of either higher earnings/assets or a joint sponsor. Even if they are eventually denied due to unsufficient finances, they can simply refile the application with the updated financial information. One way or another, it's not anything that will stop them dead in their tracks.

Ian

mrsvic

Rene sorry for confusion, i just wandered whether it was the i130 or the i485 that would be denied for the support issue - sorry if this is a dumb question !

mrsvic

thanks Ian, thats good to know as i know they could get joint sponsor from an USC

Noorah101

If a denial were to happen I believe it would be the I-485, which is the one which allows for adjustment of status. The I-130 might still be useable to re-file a new I-485. I'm not entirely sure.

Rene

mrsvic

Rete
No they live together, she is 22 and yes still at school.
i have no idea why he parents give her the alowance still, she says they give allowances to all 3 daughters and one is 36!

ian-mstm

It would be the I-485. The I-130 establishes only the relationship between a USC and a non-USC and gives the familial basis for the adjustment application. The I-864 is part of the actual I-485 adjustment paperwork.

Ian