Cant Find Sponsor - Am I Going Back Home?
Mar 26th 2005, 4:47 pm
#16
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by 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.
)
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.
)He owned two properties, $1m plus. No mortgage.
He was involved in a start up company, no salary.
Sounded like he just came across someone who had an issue, but who knows.
Mar 26th 2005, 5:08 pm
#17
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by Boiler
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.
Rene
Mar 26th 2005, 6:07 pm
#18
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Re: Cant Find Sponsor - Am I Going Back Home?
So why is this attorney telling them that they need a co-sponsor? It sounds to me like it is all a go.
Good Luck!
Marnee
Good Luck!
Marnee
Mar 26th 2005, 6:45 pm
#19
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by bionomique
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.
Caramel,
What I would do in your situation is
a) ditch this lawyer
b) find a better one through AILA (www.aila.org)
c) have them find out for certain if your combined income from disability is 'good' for the I-864
If the answer to c) is YES, then you guys would probably be able to make it on income alone. And if the amount isn't quite enough, you'll only be short a few hundred which I'm certain your house is still worth.
No reason to worry about joint sponsors until you find out the answer to c).
Good luck!
Elaine
Last edited by HunterGreen; Mar 26th 2005 at 6:51 pm.
Mar 27th 2005, 1:00 am
#20
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Re: Cant Find Sponsor - Am I Going Back Home?
I think what you have to remember is that one of those incomes for disability is not from the US but from the UK. It might well be that the UK income will not be acceptable and might well be why the attorney said to have a co-sponsor.
Let's face it unless the USCIS knows what the laws are in the UK regarding a UK resident leaving to assume residency in another country and their disability income and that it won't be stopped after x number of months or years, why would they allow that foreign income to be counted?
During our K-1 at the US Consulate in Montreal, Jim's 36,000 pension was not allowed to be used to show his ability to remain free of public charge in the US.
Rete
Let's face it unless the USCIS knows what the laws are in the UK regarding a UK resident leaving to assume residency in another country and their disability income and that it won't be stopped after x number of months or years, why would they allow that foreign income to be counted?
During our K-1 at the US Consulate in Montreal, Jim's 36,000 pension was not allowed to be used to show his ability to remain free of public charge in the US.
Rete
Originally Posted by HunterGreen
In addition to what Bionomique says (which were my first thoughts exactly when I read $1800.00) is that the Poverty Guidelines are based on GROSS income. The $1800 is more than likely NET.
Caramel,
What I would do in your situation is
a) ditch this lawyer
b) find a better one through AILA (www.aila.org)
c) have them find out for certain if your combined income from disability is 'good' for the I-864
If the answer to c) is YES, then you guys would probably be able to make it on income alone. And if the amount isn't quite enough, you'll only be short a few hundred which I'm certain your house is still worth.
No reason to worry about joint sponsors until you find out the answer to c).
Good luck!
Elaine
Caramel,
What I would do in your situation is
a) ditch this lawyer
b) find a better one through AILA (www.aila.org)
c) have them find out for certain if your combined income from disability is 'good' for the I-864
If the answer to c) is YES, then you guys would probably be able to make it on income alone. And if the amount isn't quite enough, you'll only be short a few hundred which I'm certain your house is still worth.
No reason to worry about joint sponsors until you find out the answer to c).
Good luck!
Elaine
Mar 27th 2005, 2:03 am
#21
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by Rete
I think what you have to remember is that one of those incomes for disability is not from the US but from the UK. ...
Let's face it unless the USCIS knows what the laws are in the UK regarding a UK resident leaving to assume residency in another country and their disability income and that it won't be stopped after x number of months or years, why would they allow that foreign income to be counted?
Let's face it unless the USCIS knows what the laws are in the UK regarding a UK resident leaving to assume residency in another country and their disability income and that it won't be stopped after x number of months or years, why would they allow that foreign income to be counted?
But maybe disability is different? Why would it be though?
Certainly I would not go ahead with any AOS application without having written proof that this benefit will continue to be paid by the British government indefinitely.
Mar 27th 2005, 2:05 am
#22
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by Rete
I think what you have to remember is that one of those incomes for disability is not from the US but from the UK. It might well be that the UK income will not be acceptable and might well be why the attorney said to have a co-sponsor.
Let's face it unless the USCIS knows what the laws are in the UK regarding a UK resident leaving to assume residency in another country and their disability income and that it won't be stopped after x number of months or years, why would they allow that foreign income to be counted?
During our K-1 at the US Consulate in Montreal, Jim's 36,000 pension was not allowed to be used to show his ability to remain free of public charge in the US.
Rete
Let's face it unless the USCIS knows what the laws are in the UK regarding a UK resident leaving to assume residency in another country and their disability income and that it won't be stopped after x number of months or years, why would they allow that foreign income to be counted?
During our K-1 at the US Consulate in Montreal, Jim's 36,000 pension was not allowed to be used to show his ability to remain free of public charge in the US.
Rete
Mar 27th 2005, 3:31 am
#23
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Posts: 1,084
Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by Rete
I think what you have to remember is that one of those incomes for disability is not from the US but from the UK. It might well be that the UK income will not be acceptable and might well be why the attorney said to have a co-sponsor.
) Also, the officer may look at the risk as very high that they would become a public charge if the husband already is. Marnee
Mar 27th 2005, 6:25 am
#24
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by Rete
I think what you have to remember is that one of those incomes for disability is not from the US but from the UK. It might well be that the UK income will not be acceptable and might well be why the attorney said to have a co-sponsor.
So they should find out if the combined income counts for the I-864. Or have their new (
) lawyer find this out. I'm still not enthused about the lawyer they have... he/she sounds too passive for my liking. But that's just MNSHO.Elaine
Mar 27th 2005, 6:50 am
#25
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by HunterGreen
I forgot who it was now and if it was on this site, but *someone* qualified with a pension from the UK. Like Rene said though, not sure if disability counts too.
So they should find out if the combined income counts for the I-864. Or have their new () lawyer find this out. I'm still not enthused about the lawyer they have... he/she sounds too passive for my liking. But that's just MNSHO.
Elaine
So they should find out if the combined income counts for the I-864. Or have their new (
) lawyer find this out. I'm still not enthused about the lawyer they have... he/she sounds too passive for my liking. But that's just MNSHO.Elaine
All in all, from reading her story, I suspect they'd be better off in the UK where state benefits are easier to get and tend to be need-based. Also, from what little I know I believe that the immigration process for spouses is quicker/easier.
Plus, IIRC, the OP has children - do I hear college fees?!?
But that's just my tuppence...
Mar 27th 2005, 6:56 am
#26
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by DonnaElvira
All in all, from reading her story, I suspect they'd be better off in the UK where state benefits are easier to get and tend to be need-based. Also, from what little I know I believe that the immigration process for spouses is quicker/easier.
Plus, IIRC, the OP has children - do I hear college fees?!?
But that's just my tuppence...
Plus, IIRC, the OP has children - do I hear college fees?!?
But that's just my tuppence...
# There will be adequate accommodation for the parties and any dependents without recourse to public funds in accommodation which they own or occupy exclusively;
# The parties will be able to maintain themselves and any dependents adequately without recourse to public funds
Mar 27th 2005, 7:33 am
#27
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by 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
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
it looks like you are getting some good ideas in this thread, but the main one I agree with is that you are not communicating well with this attorney (2-way) and continuing with him may cost you money/delay you can not afford. So first, check out this advice from USCIS about getting low/no-cost legal assistance: http://uscis.gov/graphics/LawsRegs/advice.htm
For example, your "costly medicals" may have gone stale-dated now, adding additional expense.
Next, you should write out the timeline of your immigration experience to include everything you've filed, consulatations, medicals etc since you and (the how many?) children arrived in the US. You can use this in your next consultation(s) to ensure that whomever helps you next has all the correct info in the correct order.
Whatever particulars exist about your UK disability and/or financial assistance must also be gathered together in one place. Are you 100% sure that you are allowed to receive those benefits if you are not resident IN the UK? If so, and your current lawyer does not understand that, there is another reason to work with someone who will advocate for you, and that you can communicate well with.
As to the real estate evaluation: the only place I have ever seen the reference to not being able to use your primary residence as an asset was on the London Consular page. I do not know how they uphold that or not in London, but I can tell you that I did use my primary residence *equity* as an asset in my own I-864, and i have read of others' similar experiences.
To calculate how much your real estate may be worth as an asset for the I-864, you need a *current real market value*, which is the amount that the house could reasonably expect to sell for today (nothing necessarily to do with how much you paid for it). This figure can be obtained from your Property Tax Statement OR, because those values are sometimes low, from a neighborhood Realtor(tm) who will probably do this for you for free (hoping you'll be a client someday). Additionally, if an apraisal was done as part of a mortgage, a paid appraisal can be used. These typically cost around $400.
If the house values at, let's say $60000, you take that figure and subtract any liens/debts against it. If you had a mortgage for $20000, your *equity* would be $40000. If you do own the property free and clear (not sure on the status of the family loan you used to buy the place, pretend you do not owe), your equity would be $60000. Whatever your resulting equity, that is the amount you can use to count this asset on your I-864.
The point has been raised about your husband's disabilty/income being a minus that may require a Joint Sponsor. While this may be true, you will not find out until you interview. Unfortunately, there is no guarantee. Having the details of your husband's settlement and how long that will be paid out will be useful for your future counsel. I have read stories online of other on disability in similar circumstance who do eventually get their AOS completed, but every one of them is so case-specific as to not be useful to you.
Personally I think you just need a re-start under helpful guideance. I applaud that you recognise that you are not up to the task on your own and I urge you to look up Catholic Charities or get some pro-bono representation (see link). The numbers do *seem* to be there, but you really need a professional consulatation.
Mar 27th 2005, 7:36 am
#28
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by HunterGreen
I forgot who it was now and if it was on this site, but *someone* qualified with a pension from the UK. Like Rene said though, not sure if disability counts too.
Elaine
Elaine
Quite a different kettle of fish than any National benefits that UK residents receive.
Mar 27th 2005, 8:09 am
#29
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by meauxna
As to the real estate evaluation: the only place I have ever seen the reference to not being able to use your primary residence as an asset was on the London Consular page. I do not know how they uphold that or not in London, but I can tell you that I did use my primary residence *equity* as an asset in my own I-864, and i have read of others' similar experiences.
But I agree, there is no mention anywhere else of this, I started looking when this was raised and I could not find it anywhere else. So net value of house divided by 5 equals equivalent income.
Mar 27th 2005, 10:00 am
#30
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Re: Cant Find Sponsor - Am I Going Back Home?
Originally Posted by 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.
http://www.usembassy.org.uk/cons_web...faq_income.htm
