kayra

Hi,

My father in law my co-sponsor and he doesnt make enough income a year.He needs more 3000$.

He has a house. Can he use as a assest his house?

kayra

Sponsors' Eligibility Requirements
The IIRIRA limits who can be a sponsor for purposes of the affidavit of support rules. To qualify as a sponsor, a person must be: (1) a U.S. citizen, national or lawful permanent resident; (2) at least 18 years old; and (3) domiciled in the United States or any U.S. territory or possession. INA Û 213A(f)(1)(A)-(C), 8 U.S.C. Û 1183a(f)(1)(A)-(C); 8 C.F.R. Û 213a.2(c)(1). There are no exceptions.
The domicile requirement may cause a problem in some situations. For example, it could prevent some employment-based visa applicants from qualifying for a green card if the relative who owns a significant interest in the business lives outside the United States. It could also prevent some U.S. citizens or permanent residents residing outside the United States from sponsoring another family member.
Consider Connie from Cornell. She is a U.S. citizen. While attending Cornell she fell in love with Grigorio, a student from Greece. After the two graduated, they moved together to Athens where they married. Now, two years later, they want to return to the United States to live. Grigorio qualifies for a green card as Connie's spouse, but Connie cannot qualify as a sponsor under the affidavit of support rules because she is not domiciled in the United States.
In addition to the three requirements outlined above, the sponsor must normally show that he or she has a household income of at least 125 percent of the federal poverty guidelines, which are set annually by the Department of Health and Human Services. (For active-duty military personnel seeking to sponsor their spouse or children, the income requirement is 100 percent of the federal poverty level.) INA Û 213A(f), 8 U.S.C. Û 1183a(f); 8 C.F.R. Û 213a.2(c)(2).
The key to satisfying the household income rule is knowing which household members or dependents must be counted in determining the size of the family unit, and what can be included as household income. On the first point, the INS' new rule defines household size to include: (1) the sponsor; (2) all persons living in the same residence who are related to the sponsor by birth, marriage or adoption; (3) persons whom the sponsor has claimed as a dependent on the most recent federal income tax return, regardless of their residence; (4) the intending immigrant and all accompanying family members; and (5) other immigrants on whose behalf the sponsor has filed prior I-864 affidavits of support, assuming those contractual obligations have not terminated. 8 C.F.R. Û 213a.1. If Julio, for example, a lawful permanent resident with a spouse and two children, wants to sponsor Maria, his sister from Mexico, who is married and also has two children, the total household size for purposes of the affidavit of support requirements is eight. Julio must show a household income of at least $33,662.50 to meet 125 percent of the 1997 federal poverty level for that size family unit. Many immigrants will be unable to meet these financial requirements.
To alleviate this burden somewhat, the INS rule allows income from other people besides the principal sponsor to be included in the overall household income. Specifically, the INS defines household income to include money from three sources: (1) the sponsor; (2) other individuals related to the sponsor by birth, marriage or adoption, as long as they have been living in the sponsor's residence for at least the last six moths; and (3) persons listed as dependents on the sponsor's federal income tax return for the most recent year. 8 C.F.R. Û 213a.1.
The six-month residency requirement could pose a problem in some situations, especially for couples where the sponsored immigrant is the family bread winner and the two did not reside together before they got married. In these cases, the immigrating spouse will have to wait six months after the marriage before filing for a green card. The residency requirement may pose a complete barrier to low-income persons seeking to sponsor family members living abroad, even if those family members have a job offer in the United States. It creates a classic "Catch 22," since those aliens may not be able to have their income counted toward the overall household income until they have been living and working in the sponsor's residence for six months, which is not legally possible until they immigrate.
The sponsor who cannot show an income of at least 125 percent of the federal poverty level, can satisfy the financial means requirement by submitting proof of significant assets. 8 C.F.R. Û 213a.2(c)(2)(iv)(A). These assets can be owned by the sponsor, other household members, or the intending immigrant. According to the INS' rule, the value of the assets must be at least five times the difference between the sponsor's total household income and the appropriate federal poverty level. Take Julio, the U.S. sponsor with a family of eight and an annual household income of $20,000. He needs to show another $13,662.50 to make up the difference between his income and the $33,662.50 necessary to sponsor his sister Maria and her family. If he owns a house with a net worth (after paying off the mortgage) of at least $68,312.50 (five times $13,662.50), that will be enough in assets to sponsor Maria and her family.
A principal sponsor who is unable to meet the financial means test may find a joint sponsor; but that joint sponsor must independently satisfy the age, U.S. domicile and income/asset requirements. 8 C.F.R. Û 213a.2(c)(2)(iv)(B). This means, among other things, that the sponsor and joint sponsor cannot add their income together to arrive at a total that satisfies the 125 percent of poverty requirement. The joint sponsor must execute a separate affidavit of support and agree to be jointly and severally liable for the full amount of financial support, as well as for reimbursement of any government agency that provides means-tested benefits to the sponsored immigrant

ian-mstm

You keep asking this - and someone else responded a few days ago. If your father-in-law owns a house house with a net worth (after paying off the mortgage) of at least $15,000 (5 x $3000), that will be enough.

If the house isn't worth $15,000 after he pays off the mortgage, you will need a joint sponsor.

Ian

andrea874

I don't know if htis is a really stupid question or not,and I apologize if it is... but, when filing with a joint sponser, do you need to pay the fee twice since the spouse as well as the co-sponser both need to fill out the form?

Millana

You are paying the fee for filing a petition to adjust your status, not the paper forms.

andrea874

I figured as much...

kayra

my husband agrees with you.

thank you ian-mstm