Harry

Hi! My potential co-sponsor earns just (about $400/yr) more than the 125% of poverty level requirement for her family size. I've heard that the only debt the INS considers in making their calculations is mortgage balance. The thing I don't understand is how exactly this factors in. Does an outstanding mortgage balance effectively reduce her income in deciding whether she earns the pre-requisite 125%?
She earns $30,000. Her household size is 6 (including me, even though I won't living there), that means she needs $29,610 for the 125% requirement. I believe she owes about $35,000 on the mortgage, with about $25,000 equity. Her mortgage payments are around $380/month. Does she earn enough?
One other question....even though my fiancee doesn't earn enough by herself, are her earnings counted against what my co-sponsor needs to earn? Or does my co-sponsor need to earn the whole 125% by herself?
Thanks in advance to anyone who can help with this!

Rete

How can they calculate her mortgage payments/balance when that is not a question
asked on the I-864 or the I-134. This only comes into affect if the assets from the
sale of the house were to be used to cover requirement. Whoever is feeding you
information is giving it to you incorrectly.

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Harry

Thanks, Rete. That is another worry out of the way. The info I got wasn't incorrect, my interpretation of it was. I'd asked if debts were taken into consideration, and been told that mortgage balance was the only one that was. Thanks for also clearing up how/why/when that would be the case.
-Harry

Jonathan_ATC

The joint sponsor has to make enough to meet the 125% above poverty guidelines for
their family AS WELL AS the sponsored person. It sounds like you know that, just
making sure.

Debt on a mortgage is considered when one chooses to use ASSETS such as a house in
order to meet the 125% guidelines. If the house is worth 100,000 and you owe 80,000,
then you have only 20,000 in assets to claim.

With her income so close, it may be best for her to list her house, the value and the
total she still owes, leaving the equity. With 25,000 in equity, she would have
$5,000 of income added to her total income as far as they way it is figured. One must
have the 5 X the difference between their income and the 125% poverty guidelines. So,
each 5 asset dollars count as one income dollar.

I hope this helps. Please take a look at my website for more details. Step
1.
--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page
http://clik.to/K1andAOSLinks Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's
Fiance Visa Page http://www2.apex.net/users/thehydes/ Immigration and Naturalization
Service http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}

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Harry

Thanks, Jonathan! Ok, here's another one...if she doesn't quite make the 125% (she actually told me she makes ABOUT $30k, not exactly that much), can I use my assets to help her make the 125% mark?
I'm a little uncomfortable about asking her to put her house down!

Bruce

Jonathan, The second half of the following statement "AS WELL AS" is completely
false. "The joint sponsor has to make enough to meet the 125% above poverty
guidelines for their family AS WELL AS the sponsored person."

FACT 1.The "sponsored (alien) persons income only helps for adjustment of status
after they arrive and are married in the states. The sponsored person doesn't have
income in most cases that will continue in the states anyway.

Fact 2.A co-sponsor is only required if the person petetioning (Primary
Sponsor)can't qualify themselves. If the co-sponsor meets the 125% than the sponsor
doesn't need to!

Fact 3. Assets need not be shown unless the income level is below (NOT CLOSE)the
poverty level for the size of the family. Anything put on the I-864 needs to be
supported, so why put something that isn't needed but could cause rejection for lack
of support. An "appraisal" could cost several hundred dollars and take a couple
months to obtain. A morgage "payment" NEVER is deducted from income.

Fact 4. The only way a sponsor and co-sponsor can use each others assets or income is
if they live together.

"Jonathan_ATC" <[email protected]> wrote in article
<[email protected]> :
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[usenetquote2]>> Hi! My potential co-sponsor earns just (about $400/yr) more than the 125% of[/usenetquote2]
[usenetquote2]>> poverty level requirement for her family size. I've heard that the only debt the[/usenetquote2]
[usenetquote2]>> INS considers in making their calculations is mortgage balance. The thing I don't[/usenetquote2]
[usenetquote2]>> understand is how exactly this factors in. Does an outstanding mortgage balance[/usenetquote2]
[usenetquote2]>> effectively reduce her income in deciding whether she earns the pre-requisite[/usenetquote2]
[usenetquote2]>> 125%? She earns $30,000. Her household size is 6 (including me, even though I[/usenetquote2]
[usenetquote2]>> won't living there), that means she needs $29,610 for the 125% requirement. I[/usenetquote2]
[usenetquote2]>> believe she owes about $35,000 on the mortgage, with about $25,000 equity. Her[/usenetquote2]
[usenetquote2]>> mortgage payments are around $380/month. Does she earn enough? One other[/usenetquote2]
[usenetquote2]>> question....even though my fiancee doesn't earn enough by herself, are her[/usenetquote2]
[usenetquote2]>> earnings counted against what my co-sponsor needs to earn? Or does my co-sponsor[/usenetquote2]
[usenetquote2]>> need to earn the whole 125% by herself? Thanks in advance to anyone who can help[/usenetquote2]
[usenetquote2]>> with this![/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> --[/usenetquote2]

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_______________________________________________
Submitted via WebNewsReader of http://www.interbulletin.com

Jonathan_ATC

Bruce, I think you are confusing joint sponsor with household member. A joint sponsor
ALWAYS fills out their own I-864 and must qualify on their own, using their own
income/assets only. A household member fills out an I-864A and can use their
income/assets in combination with the sponsor to meet the requirements. So, my
statement is completely TRUE. If you think that a joint sponsor can just use their
income in combination with the sponsor, you are sadly mistaken. Only a household
member may do so.

I am the first to admit when I am wrong, but your statements do little but show your
ignorance of the rules.

See below for more comments.
--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page
http://clik.to/K1andAOSLinks Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's
Fiance Visa Page http://www2.apex.net/users/thehydes/ Immigration and Naturalization
Service http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For
reliable legal advice, please consult with a professional immigration attorney.}

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false.
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No, that is completly true. If one wants to use a separate joint sponsor, the
separate joint sponsor must make enough to meet the 125% above poverty level
themselves. You are thinking of a "household member" who wishes their income to be
counted by using an I-864A. That is not what I was talking about.

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status after they arrive and are married in the states. The sponsored person doesn't
have income in most cases that will continue in the states anyway.

I never said different.

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Sponsor)can't qualify themselves. If the co-sponsor meets the 125% than the sponsor
doesn't need to!

I never said different.

    >
CLOSE)the poverty level for the size of the family. Anything put on the I-864 needs
to be supported, so why put something that isn't needed but could cause rejection for
lack of support. An "appraisal" could cost several hundred dollars and take a couple
months to obtain. A morgage "payment" NEVER is deducted from income.

I lost you here. I am sure you had a point, but lost it somewhere in your
translation.

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or income is if they live together.

No, not true. The alien can sign over their assets to the sponsor.

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    >
[usenetquote2]> >The joint sponsor has to make enough to meet the 125% above poverty guidelines for[/usenetquote2]
[usenetquote2]> >their family AS WELL AS the sponsored person. It sounds[/usenetquote2]
like
[usenetquote2]> >you know that, just making sure.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >Debt on a mortgage is considered when one chooses to use ASSETS such as a house in[/usenetquote2]
[usenetquote2]> >order to meet the 125% guidelines. If the house is worth[/usenetquote2]
100,000
[usenetquote2]> >and you owe 80,000, then you have only 20,000 in assets to claim.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >With her income so close, it may be best for her to list her house, the value and[/usenetquote2]
[usenetquote2]> >the total she still owes, leaving the equity. With 25,000 in equity, she would[/usenetquote2]
[usenetquote2]> >have $5,000 of income added to her total income as far[/usenetquote2]
as
[usenetquote2]> >they way it is figured. One must have the 5 X the difference between[/usenetquote2]
their
[usenetquote2]> >income and the 125% poverty guidelines. So, each 5 asset dollars count[/usenetquote2]
as
[usenetquote2]> >one income dollar.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >I hope this helps. Please take a look at my website for more details.[/usenetquote2]
Step
[usenetquote2]> >1.[/usenetquote2]
[usenetquote2]> >--[/usenetquote2]
[usenetquote2]> >Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status[/usenetquote2]
[usenetquote2]> >http://clik.to/getk1 K-1 & Adjustment of Status Links Page[/usenetquote2]
[usenetquote2]> >http://clik.to/K1andAOSLinks Newsgroup FAQ http://www.k1faq.com Arnaldo and[/usenetquote2]
[usenetquote2]> >Alvena's Fiance Visa Page http://www2.apex.net/users/thehydes/ Immigration and[/usenetquote2]
[usenetquote2]> >Naturalization Service http://www.ins.usdoj.gov {I am not a lawyer and this is not[/usenetquote2]
[usenetquote2]> >legal advice. For reliable legal advice, please consult with a professional[/usenetquote2]
[usenetquote2]> >immigration attorney.}[/usenetquote2]

[usenetquote2]> >> Hi! My potential co-sponsor earns just (about $400/yr) more than the 125% of[/usenetquote2]
[usenetquote2]> >> poverty level requirement for her family size. I've heard that the only debt the[/usenetquote2]
[usenetquote2]> >> INS considers in making their calculations is[/usenetquote2]
mortgage
[usenetquote2]> >> balance. The thing I don't understand is how exactly this factors in. Does an[/usenetquote2]
[usenetquote2]> >> outstanding mortgage balance effectively reduce her income in deciding whether[/usenetquote2]
[usenetquote2]> >> she earns the pre-requisite 125%? She earns $30,000. Her household size is 6[/usenetquote2]
[usenetquote2]> >> (including me, even though I won't living there), that means she needs $29,610[/usenetquote2]
[usenetquote2]> >> for the 125% requirement. I[/usenetquote2]
believe
[usenetquote2]> >> she owes about $35,000 on the mortgage, with about $25,000 equity. Her mortgage[/usenetquote2]
[usenetquote2]> >> payments are around $380/month. Does she earn enough? One[/usenetquote2]
other
[usenetquote2]> >> question....even though my fiancee doesn't earn enough by herself, are her[/usenetquote2]
[usenetquote2]> >> earnings counted against what my co-sponsor needs to earn? Or does my co-sponsor[/usenetquote2]
[usenetquote2]> >> need to earn the whole 125% by herself? Thanks in advance to anyone who can help[/usenetquote2]
[usenetquote2]> >> with this![/usenetquote2]
[usenetquote2]> >>[/usenetquote2]
[usenetquote2]> >>[/usenetquote2]
[usenetquote2]> >> --[/usenetquote2]

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Harry

Jonathan, thanks again! But what do you mean excatly by "sign over" to the co-sponsor? Will I still have access to this money after the "signing over" ?

Thanks again,
-Harry (still confused but less so)