CARAMEL

Hello everyone - It seems that I did something wrong before when I responded to somebody elses plea for help with a plea of my own, thus causing that "thread" to be sidetracked. I am sorry. I have found this site difficult to navigate but hope i have got it right now.

My problem is that I came here on holiday and got married to a USC on the spur of the moment and have been here now for over two and a half years. My lawyer tells me we need to get a sponsor but we don't know anyone who earns enough to sponsor me and my children. We have asked 6 people so far and nobody earns enough to sponsor 3 people. I seem to think, if I understood it correctly, that I read in the paperwork that you CAN sponsor yourself if you have enough money. Well, we are NOT wealthy; both of us are disabled and manage on a small disability income from our respective countries. but am I correct in thinking that I could use the value of my house to sponsor us?

We really are desperate to make some inroads into this issue as I really don't want to be unable to get medical or health insurance and unable to drive for much longer. It seems I am unable to do any of these things, and others, without SS numbers.

meauxna

Caramel,
Is this a lawyer you have paid money to and are currently working with? Or someone you consulted with one time? Have you filed *any* applications with USCIS yet? Did you go to an interview and find that you had to bring a new I-864, or you aren't that far along yet?

IF you are working with a lawyer, s/he should know that IF you have been living in the same household with your spouse for +6 months, you may (normally) include your income and assets to combine with his.

If this amount would qualify your family to sponsor on your own, please reply and we'll see what other information might be relevant to you. Also, include more information about the house you mention and whether or not any of you would be going to work.

ian-mstm

In your original message, you indicated a willingness on both your and your husband's part to return to the UK. I don't know if there's a waiver for having a joint sponsor (your husband, despite his income is your sponsor) but if you can't find someone, you may well need to consider moving back across the pond. Good luck to you.

Oh, if your lawyer specifially said "sponsor" instead of "co/joint sponsor"... I'd seriously think about getting a new lawyer!

Ian

CARAMEL

YES, this IS a lawyer that we have paid $500 cash to so far. He has asked for another $1,500 (approx) when we have found a sponsor and the paperwork is ready to be submitted; and for more further down the line. We had one appointment to visit for consultation, a further telephone consultation when we were sent for costly medicals, and we visited him again when we went to submit the medical reports along with the photographs he requested. He did, however, hand me back the medical reports and the photographs, which I still have, telling me that until I had a sponsor we could not move any further forward. After perusing the paperwork we saw somewhere that it is, in fact, possible to sponsor yourself so we telephoned him for clarification about this possibility and he told us to get a real-estate valuation on our home! Trouble is, this house only cost $40,000 (which I paid cash after borrowing from my family in UK) and is in need of work which we are not in a financial position to complete all at once. (We had intended to complete the works over time.) Consequently, we have held-off on getting the valuation until we can find out more information since we are beginning to mistrust our lawyer! We engaged him about a year ago. Prior to engaging him we were trying to complete the paperwork alone. It became so difficult and confusing since neither of us is particularly good with paperwork, and my husband is dyslexic, that when we finally tracked down a local lawyer, we were glad to have one. Originally we did advise immigration of our marriage, and shortly after it we went to their offices and collected tons of paperwork to fill in. I was told that there was no hurry to complete that paperwork. Some months down the line when we had got totally confused and realised we had filled the paperwork in all wrong and made a mess of it we went back to the immigration office and requested further paperwork. Nobody ever indicated that we were being tardy in finalising the papers or even suggested that we hurry - they simply handed us more. We have had no interviews by immigration.

In view of their lack of concern about the timespan over which we completed the papers, coupled with the fact that my husband was totally unwaged for 4 years prior to the awarding of his disability (which he finally got last September), we decided not to hurry it. It was going to cost money we didn't have to submit the paperwork so we thought it best to wait until we got his disability award and then we could afford to pay the immigration paperwork fees.

My husband and I are BOTH disabled and unable to work. Our combined income is only about $1,800/month and this supports ourselves and the children. My husband made a particular point of claiming disability ONLY for himself - NOT enhanced for us as his dependants - since we read that we must not be a burden to US public funds.

We are not wealthy people and do not mix with people earning sufficient to sponsor 3 people plus their own families. The first person we asked decided to stop working and become a full time student, the second family declined fearing that they would be dragged into debt, the third person was unsuitable because he still lived at his parent's home with younger siblings, and everybody else we asked simply doesn't earn enough.

We truly are so worried that we are doing something wrong or that we are being wrongly advised since I have met people since being here who have had no trouble getting themselves organised and we just seem to bump into problems all along the way. I came across the words British Embassy today and am considering whether I should find my nearest branch and approach them. Do you think this is a good idea? Have you any suggestions? We just don't know what to do next!

Oh, and thank you for your kind interest in and attention to my 'thread'.
CARAMEL

CARAMEL

THANKS FOR YOUR REPLY. The main concern of my husband and myself is that we remain together as the family we have been for the past two and a half years. If necessary, we would be more than prepared to move to the UK (I miss home anyhow!), or somewhere else. However, my husband is not OVERLY keen to leave his homeland, and, after all, we do now own a home here and it would seem another unnecessary upheaval to have to move again for myself and my children. Surely if UK will accept my USC husband, then why can't the US accept his UK family? Ideally, seeing as his family are in US and my family are all in UK, it makes sense that we should attempt to attain a situation where we could reside in either location as family (particularly elderly relatives) dictates.

We are beginning to have second-thoughts about the ability of our lawyer since he seems unable to respond satisfactorilly to some questions we raise. However, we are not clever people ourselves and we're just not sure if it is US not understanding him rather than the other way around! I would hate to cast aspersions without being certain. When I engaged him, I did check with the Chamber of Commerce that there were no black marks against his name and that he was licenced to practice law in our State. There seemed little else that we could do to ascertain his qualifications.

I do so appreciate your responses. Thank you.
CARAMEL

Bob

Your solicitor does sound very dodgy, didn't find him via www.aila.org I hope...

As for assets, they would have to be x5 levels of income, and for your home, you'd need to have it valued I'd imagine.

Isn't there any friends or former work employers or whatever you know that could be a co-sponsor? They can be a PR if they aren't a US citizen.

Bob

Being qualified in law is one thing, to be specialised in immigration law is another...
what about doing a google check against his name?

CARAMEL

I found my solicitor when I telephoned one solicitor who didn't deal with immigration work so he recommended another, who recommended another, who recommended another.... I do not think I have heard of www.aila.org before you mentioned it. I will check the site later, thanks.

When you say "x5 levels of income" what do you mean by this please?

Sadly, I have been medically retired from work for many years and long since lost touch with old work associates (I am approaching 50!), and I just don't mix with jet setters and wealthy types any longer. Any friends we have are likewise disabled and living off small disability allowances themselves. Also, I would love you to explain to me what you mean when you say "They can be a PR if they aren't a US citizen."? I don't understand this term. Thanks so much for your interest.
CARAMEL

bionomique

You can be a joint sponsor if you are a permanent resident as well as if you are a US citizen.

I am trying to do the maths here. You say you are married and have been living here for several years. So, you can add your income to your husband's in order to meet the poverty guidelines.
Your household size is 4 (2 childre, yourself and your husband)
From the 2005 I-864 Pverty guidelines your total income and assets must meet $24,187.00

You say that you and your husband draw $1,800.00 per month in disability income (which I believe can be counted as income, please anyone correct me if I am mistaken) That income totals $21,600.00.

You have a home valued at $40,000 which was paid for in cash - no mortgage? So, by my reckoning, if disability income is accepted on the I-864, and since you have lived with your husband for 6 months or more, you would meet the guidelines with only $3,000 of assets, but you have $40,000. Am I not understanding this????

Noorah101

Hi bionomique,

The only factor I can see that you didn't include was that the value of the asset must be 5x the amount they are short, so it would be $15,000 in asset they need to show (not $3,000). But, if their house is free and clear and valued at $40,000, it seems they certainly meet the requirement!

Rene

bionomique

Yes, thanks for expounding. I meant to say $3,000 shortfall made up with assets ($3,000 x 5 = $15,000) I'm the one who does it backwards on here, remember But all the same, seems to me they would be ok, if all which has been disclosed is as I have summarised.

scrubbedexpat099

My understanding is that you can not take into account your main residence, you have after all to live somewhere. But I can not find reference so I may well be wrong.

Most people seem to use family if they need a co-sponser, asking friends is a big ask.

I do not know about the disability issue and not claiming on the basis of the family, I have seen mention of other claims where I would have thought that this would not be allowed, but it was. So I would not assume that this is the case.

UK also requires you to show that a spouse will not be a Public charge, the conditions are just not quite so specific.

I would not be so quick to slag off the lawyer, sounds like what he has said in round terms is right, come back when you have the affadavit of support.

The forms are painful, no awards likely from the Plain English campaign, but not too painful. On the other hand you have the issue of adjusting having come here on holiday, with children, and all of you adjusting. Not sure if I have seen that one mentioned before. I may have this wrong, are they your husbands children?, but that is how the post reads.

Anyway even if you use a lawyer you still need to understand the process, you have to supply all the docs no matter what. Have a look here and take it slowly: http://www.visajourney.com/forums/in...?pg=i130guide2


I have seen reference to other people using cars etc to meet the limit, anything that can be converted to cash with the year.

bionomique

I too have heard people commenting on whether or not a home (primary residence) could be used, but frankly, there is no requirement to own a home. Many people rent, and therefore the home is often the greatest asset one has. The onyl requirement as far as USCIS has, is that the asset be readily convertible to cash in 12 months.

Bob

I've heard that to, and it makes sense, because you'd then be homeless...but I couldn't find anything to confirm it either.

bionomique

Logically, if you look at the form itself, which denotes an area to place your property value, less outstanding liabilities (and it specifically mentions mortgage), it causes me to wonder how many two-homed persons are sponsoring and worrying about including that information.

If I had enough money to own two homes, most likely I'd be earning well over the poverty limit in income alone, and I wouldn't even "dick" around with the rest of the entries. )