Tracy_UK

Had the interview today and well we were UNSUCCESSUL and was instructed to obtain a joint sponsor :crying: . Here is our situation, it's just myself and hubby so the 125% poverty level needed for household of two is $18,388. The only income to carry over from the UK is $6,841 pension. The rest was made up from our assets. So from my understanding since I am only sponsoring my spouse I would need 3X that amount $55,164, however since we have an income I would need to take the difference from $18,388 -$6,841 =$11,547 multiply that figure $11,547 x 3= $34,641 is the actual figure I would need to use from my assets.

We had $37,637 cash in the bank, and then using the US house (mortgage free) $88,000 giving us $125,637 total. (Embassy emailed me and said I could use my US house as long as we showed ownership etc, the CO said no, its not for sale and it isn't a house in the UK, what's the difference UK/US house) ugggggh

The CO said that I needed to have 5x the amount not 3X, and said that we were off by $15,000. She wouldn't use his pension income nor the house. We said but from my understanding from the I-864 I needed 3x not 5x because I was sponsoring my spouse. She said NO, I will comfirm this and then she took off, came back and said No, I'm correct, and said you need to have 5x and where is the proof of the pension income. We said it's right there in front of you the letter from the Pension company stating the annuay and monthly payouts into hubby's account, she said OH, I'm still saying you need 5x and you are still refused, so get a joint sponsor and courier that info back to us. You have one year to obtain this info and return to us your passport and that info.

Can anyone please double check my figures, am I correct in my understanding of the I-864 and if not, please what is required then from a joint sponsor? My BIL says he'll sponsor us but needs to know what is actually required then from him. His household size will be including my spouse is 5, so that will be 125% $32,712 he makes above that by 30%. Is that all he'll need to show he earns or is it some other figure like 3 times that or 5x that amount?

If we are correct in our figures can we appeal to the Consulate and have them re-investigate my initial I-864, what are my options?

Please help, totally confused,

Noorah101

Since you have a very specific question, I moved your post out of the "timeline" DCF thread.

Your figures seem to be correct, and yes, you only need to show 3x the amount in assets. However, the ConOff has the right to refuse any type of income/asset as she sees fit. Since she won't count your hubby's pension (not sure why, as it will continue), and she won't count your house in the USA (understandable, as property isn't a good asset in this economy), she is asking for a joint sponsor.

The joint sponsor needs to earn enough income to meet his own household plus one. As you say, for him that's 5 people. I didn't look at the I-864P to see if your figure is correct, but as long as he earns income above the correct amount, his I-864 should be acceptable.

He needs to send you:
A completed and signed original I-864.
A copy of his most current 3 years of tax returns (which includes W-2 or 1099 forms), or official IRS transcripts.
Proof of his current income, usually a letter from his employer and several recent pay stubs will suffice.
Proof of his US Citizenship (photocopy of birth certificate or passport ID page).

I suppose there might be a way to appeal, but I'm pretty sure that will take longer than just getting a joint sponsor. I don't know how to go about an appeal; you might need to hire an immigration attorney to be the go-between on that one.

Rene

Noorah101

Just to be clear, your brother in law is a US PR or USC, living in the USA, right?

Rene

Tracy_UK

Yes, US born citizen. Looks like my family has joined the fight now. Both my sisters (USC) and their partners (USC) are wanting to be joint sponsors for my husband.

I just thought there was no way I could use or ask any of my family to sponsor my husband. Felt I would be asking way to much of them, but after hearing them say to me, FAMILY first no matter what, we are there for you. Just makes me want to return home that much quicker.

I really knew it was going to be a bad decision today from the ConOff when we had window #13.

Thanks so much Noorah101 for your response, it's greatly appreciated believe me.

jeffreyhy

As you report it the consular officer appears to have made some mistakes. I can possibly understand disallowing the house, not necessarily for the reasons stated here, but cash is king and you appear to have enough of that based on 3 times the income shortfall.

It may be that you could get by on your own by re-submitting your information in a more easily understood format including an explanation of why you need assets valued at 3x the income shortfall. Having this done by a lawyer may give it more credibility and win the day.

Alternatively, you could not fight city hall and give them what they ask for. Your brother-in-law appears to be qualified.

Without actually seeing what you submitted or what you intend to submit next, it's hard to say anything more.

Regards, JEff

Tracy_UK

Cheers Jeffreyhy.

Can I use both my BIL's I-864, the more the better perhaps?

jeffreyhy

No. An immigrant can have only one (1) Joint Sponsor. Select the richest BIL!

Regards, JEff

Noorah101

No. There can only be 1 joint sponsor. I might suggest using the I-864 from the person with the fewest people in their household, then it doesn't look like adding one more person would be a strain in the household income.

Rene

ian-mstm

A single alien can only have a single joint sponsor. There is no mechanism for two joint sponsors for a single alien.

Ian

Tracy_UK

Great thanks so much for the info Rene, and Jeffreyhy, Ian. Common sense on my part has flown out the window, been a long long day and head is banging. I'll let my younger sister know that I should use them instead of my older sisters husband. Oh the choices

Noorah101

Well, of course, as long as she earns enough income to cover her own household size plus the immigrant!

Rene

Tracy_UK

My younger sisters partner is going to be the sponsor, so he has the info you all stated here and will work on it after the holidays. We told him to wait until January so nothing goes astray in the post from either side of the pond.

When we submit his stuff, hubbys passport, am I also to send in the letter from them stating the original refusal and also a new I-864 from me since by then we'll have more money in the savings to cover more?

I might also indicate on the cover letter that I only need 3x the amount in assets as he is my spouse not my father (he is older than me, so perhaps thats why she insisted the 5x figure)

ian-mstm

Just to clarify, if your sister's partner is the joint sponsor, he'll need 5x if he's using assets rather than income. You're the only one who gets to use 3x.

Ian

Noorah101

I would send in a copy of the original refusal (not the original). I wouldn't bother sending in a new I-864 from yourself, since the ConOff was pretty specific about getting a joint sponsor, that is what she's expecting to see.

Rene

Tracy_UK

Thanks Ian but my sister's partner makes more than the required income so he won't need to use any assets at all. I just really didn't think I needed to use a joint sponsor and to be honest just couldn't ask this of them, didn't know how to ask them but they came to our rescue and volunteered straight away without being asked.

I had texted her right when we left the Embassy about the refusal (it was 5am there in the US oops) anyway they responded by saying "We'll do it"