polah_gangsta

Hello all! First post here.

I discovered this forum over a year ago and, while this is my first post, I have found all the information posted extremely helpful. So much so that I hadn't needed to post until now. However, I've come to a point in which I need a bit of advice, plus I'm confused for the first time in this process and don't know what to do.

My fiance (UKC) and I (USC) began our K-1 application in October 2010. We had a few bumps in the road but came through it alright. We are getting married August 6, 2011 and while it's cutting it far too close for my comfort (I'm a huge planner and find comfort in things going the way they go in my head) he will arrive in the U.S. two weeks before the wedding. At least I'll have a groom!

Because I like to plan and have things prepared before we need them--so as not to scramble last minute--I've started gathering paperwork and documents needed for his AOS. And here comes the issue: for the three years previous to the last tax year (2007, 2008, 2009) I made far more than 125% of the poverty level for two people and I have the tax transcripts to prove it. However, the last tax year I was studying abroad in the UK (how I met my fiance) and so didn't work until the last three months of 2010, as I had moved back to the U.S. to finish my degree. In that three months I made $6,000 (for 2010.) In the last 6 months (2011) I have made $12,000 (can prove with pay stubs) and have $10,000 in savings that I don't touch. I do not have any other assets.

Now, obviously this isn't enough to sponsor my fiance on the I-864, so I asked some family members to sponsor. They are very wary about doing so given that they would be legally liable for 10 years for my fiance, regardless of whether or not we stay married, correct? Or is it that they are joint sponsors and the government would come after me first for money if my fiance somehow started receiving "benefits" (I find this such a funny word for welfare/social programs) and then go after them if I had no money? I'm trying to make this as easy on them as possible and don't want them to worry that they may someday be screwed over for their kindness.

I guess, I just don't know what to do. If I don't find a joint sponsor, we're going to have to give up and cut our losses on the last year of waiting and working in this current process and start over moving to a different country.

Any advice on our best course of action or a even better understanding of the I-864 so that I can put my family's minds at ease?

Thanks in advance!

ian-mstm

You are conflating two unrelated requirements... 3 years worth of tax returns and current income at 125% of the poverty level. You are not required to demonstrate 125% of the poverty level during the prior 3 years!


From where I sit, you don't have a problem. You can demonstrate current income very close to the requirement ($18,387) and sufficient assets (at 3x value) to make up the shortfall.


I believe it is. Regardless though, as the (then) USC spouse, you must be your husband's sponsor whether or not you qualify financially.


Correct, but it could be longer... because it is possible for him to never fulfill any of the 5 situations that would release the joint sponsor.


You will also be a sponsor. The government will come after you first, as the spouse, and then after the joint sponsor.


I don't think you'll have a problem.

Ian

Noorah101

It is your *current* income that will count on the I-864. If you've earned $10,000 in the past 6 months, then it sounds like your annual salary is about $20,000, which is over the 125% poverty guideline.

So, right now, I don't see a problem with you being the sponsor.

But to answer your question, yes, the government will come to YOU first to repay any benefits he might get. If you don't pay, then will come to the Joint Sponsor for payment.

Rene

polah_gangsta

Ian, thank you so much for your quick reply. It means a lot that you are willing to give your time to the confused and bewildered.

Ok, so basically I can sponsor all by myself right now? No need for family support? What happens if they don't accept my sponsorship? Can I then send in a joint sponsor or do I need to decide this before we start the AOS?

Also, to prove my current income, would it be best--along with my pay stubs--to provide a letter from my employer stating how much I make?

Lastly, please forgive me for being dense (I don't mind doing research) but where can I find the 5 situations (I only see 3 on the form; becoming a USC, 40 quarters of work, or death) that would release the joint sponsor? Is there a wiki on it?

Thank you so much again!

polah_gangsta

Norah, thank you also!

The information about the government coming after me first will definitely help in putting my family's mind at ease if it does come up that I need a joint sponsor.

Thank you!

Noorah101

Based on what you've said about your current income, yes.

If for some reason your I-864 isn't acceptable, you will be given time to get a joint sponsor. The officer will tell you at the AOS interview.

Yes.

They are:

1. The alien becomes a USC.
2. The alien works 40 qualifying quarters (about 10 years full time work).
3. The alien leaves the USA and gives up his green card.
4. The alien dies.
5. The sponsor dies.

Rene

polah_gangsta

Thank you Rene! (Sorry I referred to you by you screen name earlier!)

meauxna

Just don't call her late to dinner...
I wasn't quick enough with my reply. Basically, it agrees with the above. You seem to be confused about the 'current income' part.

(the deal we made with my potential joint sponsors was that DH would naturalize at the earliest oppt'y.. 3 years.. putting the I-864 to bed then.)