parkzy

Couple of questions - my wife is the USC and petitioned my I-130 DCF in London.
1. IYO, Will the fact that she didn't file a tax return with the IRS in 2009 because she was in the UK studying a full time masters degree course be frowned upon ?
She didn't earn any money in the UK or the US that tax year, though she did file in years 2008 and 2010.

2. With regards to completing form I-864, as she is my sponsor and she didn't earn enough money last year, we have asked the MIL to co-sponsor.
But my query is that our assets as it stands just about cover the poverty guidelines set out..IE 3 x Sponsor's household size of 2 figure of $18,387 = $55,161. I have read on this forum that if you qualify with assets they really don't want to see a co-sponsor/household member assist ?

Also we have just put our property on the market and we would have extra assets following it's sale. which probably wont be in time for interview. (I won't be heading over to states until property is sold)
So was also going to bring evidence of outstanding mortgage debt against the property appraisal with me to interview.

Your thoughts please. Thanks in advance. (deep breath)

Ryan.

Shermeen.Adam

There's nothing wrong with having a co sponsor just in case, you dont have to sumbit your MIL I-864 unless they want you to have a joint sponsor. I'm planning to take one just in case the fact that my husbands income dipped quite a bit whilst in London. He's earning more than enough now but who knows, nothing wrong with preparing it just in case.

I think if she wasn't required to file because her income didn't meet the requirements I believe they just ask for proof of this. I'm pretty sure it's all laid out on the USCIS website where all the I-864p information is. Don't remember that section too well as it didn't apply to us but check there.

jeffreyhy

Yes
On this basis failure to have filed will not be frowned upon.
What she earned last year is only of tangential importance anyway. What is she earning now, and will that income continue when she returns to the USA?
"just about"? Do they or don't they, and by what margin? And what is the nature of the assets? (cash is king) What evidence are you bringing to demonstrate the value of the property for a quick, sure, sale? Forget the 1 year stated in the I-864 policy, you'll need to sell within 6 months or less. (the value of a house on the market is dubious, and worse a house on the market that has a mortgage is a serious drain on income - been there still doing that)
Regards, JEff

parkzy

Thanks for your reply Jeffery.
We have cash totally $28k with another approx $30k in cash bonds.
We have more assets than is required but as is said have a Co-Sponsor to back up.
The property tied up cash conundrum is as always the stickler !!
Fingers crossed the property where we live here in the UK goes pretty quick.
Regards
Ryan

C_C

Like others have said, I'd have the co-sponsor anyway, just in case.

When I went for my immigrant visa interview I had evidence of our bank savings (which were a lot higher than the $55k threshold) yet the sticky point in our case was the domicile (my husband - the USC and sponsor - was still in the UK at the time of the interview). The first ConOff (you get to see two on the day - the first one collects your paperwork) wasn't happy that my husband was still in the UK, and although it is clearly stated in the I-864 guidelines that you are allowed to show intent to re-establish domicile (and I had some very solid proof of that) she didn't want to see any of it and insisted that it was a problem that the sponsor wasn't in the US. It was then that she asked if we had any co-sponsorship papers and luckily we did. We had done that just in case, as we clearly qualified through our assets, and we thought that was going to be enough, but having the US-based co-sponsor actually seemed to "save" the interview. I've said on other threads that as soon as she saw the US-based co-sponsor paperwork she was totally happy and it all went like a breeze from there - no further proof of my husband's intent to domicile was ever requested.
The exact same thing happened to some other BE member very recently in his own interview in London.

So if your case is similar and especially if your wife is still in the UK with you, it may not be the actual assets but the sponsor's domicile issue that they may see as a problem. So it pays to have a co-sponsor based in the US, as you don't know what curve ball they may throw at you and it's better to be over-prepared. Based on my experience, they may not always be right in their judgement (e.g. the I-864 guidelines I mentioned, which she seemed to ignore) but at the end of the day they call the shots.

I'm sure you'll be fine

parkzy

Thank you so much C_C.
I have a co-sponsor as my MIL and all the necessary paperwork now.
I will be using this route and should hope for no problems.
I do appreciate your input in this topic.
Regards
Ryan.

jeffreyhy

Did that first "ConOff" have a British accent?

Regards, JEff

C_C

Yes, she was a young British lady.
I see, you are saying that she wasn't a ConOff - to be absolutely honest they were all ConOffs to me, maybe I'm using the wrong term. She was the one who gathers together all your paperwork and who made a big deal of the domicile issue. Very nice and pleasant otherwise.

jeffreyhy

Regards, JEff