Songbird

At my recent AOS interview (at which I was approved ) I tried to present a replacement I-864, effectively removing my co / joint sponsors and self sponsor. Now I ALWAYS thought (based on everything I have read) that this was possible. I had all my UK documentation with me that gave me 2 options to do this by.

First option : rental income from the UK based on my property plus my hubby's income here ( the combined amount is comfortably more than the required 125% of the poverty line for 2 people )

Second option : my personal financial assets in the UK (property) which equates to a considerable amount more than the required 3x AND can be liquidated within the 12 month time frame as per the self sponsorship requirements.

When I raised this I was told that use of my own assets for sponsorship was not acceptable ( or a similar term) for the reason that USCIS requires that the income / assets must be present in the US ?? Well on that basis even if option 2 wasn't open to me then option 1 surely was. When I questioned this I was told that the reason why this wasn't possible was because *IF* it ever came to the scenario whereby US govt. needed to *recover* any funds then they needed to be *recoverable* in the US. (I'm para phrasing but thats the general gist of it)

Now other than the fact that I WANTED to be self-sponsoring and the finances are in place to have facilitated that this wasn't a deal breaker as such, my original sponsorship submission was still valid BUT I really wanted to remove that responsibility from my friend. I have never been financially reliant upon ANYONE (well not for a LONG time) and I *thought* as far as self-sponsorship I had all my duckies in a nice neat row

So I guess what I'm asking is : was I given the correct information by the AO? Like I say I have comfortably MORE than the required personal financial assets detailed in the form guidelines (especially if using option 2 ). Although I know now that it is not possible for me change this (or is there?? ) has anyone else encountered this ?

Noorah101

I think it's really up to the officer to accept the replacement I-864 or not.

I know a guy who came over on the K-1. His USC wife did not meet the income requirement, so they used a joint sponsor on the I-864 to file his AOS. A year later, when they went to his AOS interview, they brought along a new I-864 showing his employment in the USA, and that it more than meets the income requirements. According to the "rules", they should have been able to submit the new I-864 indicating a joint income which meets the qualifications, and release the joint sponsor. The officer did not accept their new I-864, saying he hasn't worked long enough in the USA yet to qualify (or some such thing), even though he'd been working for almost a whole year. They had to keep things as they were with the joint sponsor in place.

Rene

Songbird

thanks for your response Noorah (btw thats my grandmas name, its beautiful and not too often heard. I love it ) Yep I guess I had forgotten the golden rule - the *rules* are interpreted by the AO *lol* Oh well, it would have made me more comfortable being self-sponsoring but hey I got my approval so its' all good

Rete

If it is any consolation to you and your friend, your husband will still be the first person the government comes after for restitution.

Congratulations on your AOS success.

Songbird

Oh GOODY!! so if he TOTALLY ( OMG I'm becoming 'americanized' already *lol* ) drives me crazy and I want to exact revenge ( ho hum ... so much for "married bliss" - nah just kidding he's a sweetheart) he can forget 'war of the roses' - I would just develop a mysterious ailment that would require EXTENSIVE medical procedures / tests and his ass would be in a sling to the US govt! Works for me!

aww thank you - yep looks like I'm here to stay

meauxna

lol, only if you can convince them (US Gov't) to pay for your treatment in the first place! Good luck with that one.

Congratulations on your success, and sorry to hear about the i-864. These things happen sometimes, and you've got the 'rules' figured out just right.
Oh well, naturalize in 3 years and it all becomes a moot point (I-864 is killed).