Immigrant assets added to joint sponsor I-864?
Jan 31st 2005, 7:03 am
#1
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Immigrant assets added to joint sponsor I-864?
Hi all,
Someone else had some joint sponsor questions and they asked two interesting (I thought
) questions that I haven't been able to find a 100% solid answer on. Any opinions or definites on the following?
Situation: the sponsor lives abroad with the immigrant, they're DCF'ing, 0 US income, 0 assets, sponsor's parent wants to be joint sponsor. Two in their household so 3 w/immigrant. Income is a little under 125% for 3.
Now the immigrant has a house to sell abroad and wants to add the money they get for this as assets to the joint sponsor's I-864. It won't be enough for them to qualify on assets without joint sponsor.
Is this allowed? I know for the sponsor's I-864 it would be allowed (either at 4E or 5) and I am inclined to say yes, it's allowed for the joint sponsor's I-864 as well (under part 5).
Does it matter in this situation if they moved in with said joint sponsor or moved into their own place right away?
Also: if they moved in with USC's joint sponsoring parent(s) after moving back to the US, would the joint sponsor then count 3 or 4 in the household? The USC doesn't need sponsoring but will be, although is not at the time of filing the I-864, a member of the joint sponsor's household.
Elaine
Someone else had some joint sponsor questions and they asked two interesting (I thought
) questions that I haven't been able to find a 100% solid answer on. Any opinions or definites on the following?Situation: the sponsor lives abroad with the immigrant, they're DCF'ing, 0 US income, 0 assets, sponsor's parent wants to be joint sponsor. Two in their household so 3 w/immigrant. Income is a little under 125% for 3.
Now the immigrant has a house to sell abroad and wants to add the money they get for this as assets to the joint sponsor's I-864. It won't be enough for them to qualify on assets without joint sponsor.
Is this allowed? I know for the sponsor's I-864 it would be allowed (either at 4E or 5) and I am inclined to say yes, it's allowed for the joint sponsor's I-864 as well (under part 5).
Does it matter in this situation if they moved in with said joint sponsor or moved into their own place right away?
Also: if they moved in with USC's joint sponsoring parent(s) after moving back to the US, would the joint sponsor then count 3 or 4 in the household? The USC doesn't need sponsoring but will be, although is not at the time of filing the I-864, a member of the joint sponsor's household.
Elaine
Last edited by HunterGreen; Jan 31st 2005 at 7:47 am.
Jan 31st 2005, 9:34 pm
#2
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Re: Immigrant assets added to joint sponsor I-864?
So if nobody has an answer, does that mean that there isn't anyone here who's smarter than me?!? LOL LOL
Elaine
LOL LOLElaine
Jan 31st 2005, 9:45 pm
#3
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Re: Immigrant assets added to joint sponsor I-864?
Originally Posted by HunterGreen
So if nobody has an answer, does that mean that there isn't anyone here who's smarter than me?!? LOL LOL
Elaine
LOL LOLElaine
~SecretGarden
Jan 31st 2005, 9:58 pm
#4
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Re: Immigrant assets added to joint sponsor I-864?
Elaine,
If the sponsor and sponsored immigrant are both living abroad, how can either one of them be living in the same household as the sponsor's parents who are living in the USA?
Consideration of the I-864 will be over and done with by the time that the alien enters the USA and takes up residence, whether that residence be with the sponsor only or with the sponsor and the sponsor's parents.
Even if, by some perverse interpretation of domicile, the sponsor who has been living abroad is determined to have domicile with their parents in the USA, the sponsored immigrant has not been residing in the household with the parents for 6 months. So the sponsored immigrant's assets would not be considered assets of the sponsoring household.
It may come down to how a particular consulate decides the law applies to this odd situation, but my bet would be that the sponsored alien would not be considered a household member of the sponsor's parents.
Regards, JEff
If the sponsor and sponsored immigrant are both living abroad, how can either one of them be living in the same household as the sponsor's parents who are living in the USA?
Consideration of the I-864 will be over and done with by the time that the alien enters the USA and takes up residence, whether that residence be with the sponsor only or with the sponsor and the sponsor's parents.
Even if, by some perverse interpretation of domicile, the sponsor who has been living abroad is determined to have domicile with their parents in the USA, the sponsored immigrant has not been residing in the household with the parents for 6 months. So the sponsored immigrant's assets would not be considered assets of the sponsoring household.
It may come down to how a particular consulate decides the law applies to this odd situation, but my bet would be that the sponsored alien would not be considered a household member of the sponsor's parents.
Regards, JEff
Originally Posted by HunterGreen
Hi all,
Someone else had some joint sponsor questions and they asked two interesting (I thought) questions that I haven't been able to find a 100% solid answer on. Any opinions or definites on the following?
Situation: the sponsor lives abroad with the immigrant, they're DCF'ing, 0 US income, 0 assets, sponsor's parent wants to be joint sponsor. Two in their household so 3 w/immigrant. Income is a little under 125% for 3.
Now the immigrant has a house to sell abroad and wants to add the money they get for this as assets to the joint sponsor's I-864. It won't be enough for them to qualify on assets without joint sponsor.
Is this allowed? I know for the sponsor's I-864 it would be allowed (either at 4E or 5) and I am inclined to say yes, it's allowed for the joint sponsor's I-864 as well (under part 5).
Does it matter in this situation if they moved in with said joint sponsor or moved into their own place right away?
Also: if they moved in with USC's joint sponsoring parent(s) after moving back to the US, would the joint sponsor then count 3 or 4 in the household? The USC doesn't need sponsoring but will be, although is not at the time of filing the I-864, a member of the joint sponsor's household.
Elaine
Someone else had some joint sponsor questions and they asked two interesting (I thought
) questions that I haven't been able to find a 100% solid answer on. Any opinions or definites on the following?Situation: the sponsor lives abroad with the immigrant, they're DCF'ing, 0 US income, 0 assets, sponsor's parent wants to be joint sponsor. Two in their household so 3 w/immigrant. Income is a little under 125% for 3.
Now the immigrant has a house to sell abroad and wants to add the money they get for this as assets to the joint sponsor's I-864. It won't be enough for them to qualify on assets without joint sponsor.
Is this allowed? I know for the sponsor's I-864 it would be allowed (either at 4E or 5) and I am inclined to say yes, it's allowed for the joint sponsor's I-864 as well (under part 5).
Does it matter in this situation if they moved in with said joint sponsor or moved into their own place right away?
Also: if they moved in with USC's joint sponsoring parent(s) after moving back to the US, would the joint sponsor then count 3 or 4 in the household? The USC doesn't need sponsoring but will be, although is not at the time of filing the I-864, a member of the joint sponsor's household.
Elaine
Feb 1st 2005, 12:20 am
#5
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Re: Immigrant assets added to joint sponsor I-864?
Oh, this looks like a fun game... let me try!
How much wood would a woodchuck chuck, if a woodchuck could chuck wood? or maybe: Sally sells seashells by the seashore... Sally sells seashells by the seashore... Sally sells seashells by the seashore.
Did I win? Ha ha!!
Marnee
How much wood would a woodchuck chuck, if a woodchuck could chuck wood? or maybe: Sally sells seashells by the seashore... Sally sells seashells by the seashore... Sally sells seashells by the seashore.
Did I win? Ha ha!!
Marnee
Feb 1st 2005, 7:34 am
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Re: Immigrant assets added to joint sponsor I-864?
Uhhh... sure, Marnee.
JEff, thanks for your reply.
In the case of a sponsor the immigrant however is allowed to count their assets even if they have not been living together for 6+ months. If they've lived together for 6+ months they list them at part 4E, if not then they list them at part 5.
For instance, I am not living with my s-t-b hubby (USC), but if we needed to use my assets I would list them under 5 and they'd qualify.
To rephrase my question: this is a USC wife who has no US income and no assets, so they have a joint sponsor. The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor? Because the joint sponsor does fill out the same I-864, where at part 5 it says:
The sponsored immigrant's assets may also be used insupport of your ability to maintain income at or above 125 percent of the poverty line IF the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within one year.
Domicle doesn't play a role in the assets part, since the immigrant can list them on the I-864 anyway - but does the buck stop (sorry, bad pun) at the sponsor's I-864 or does this right (?) extend to the joint sponsor's I-864 as well?
The domicile part comes into play in my question about household size: if the USC and immigarnt move in with joint sponsor and hubby, does the USC add to the household size (and makes it 4 instead of 3)? I say 3, but am not 100% certain.
Elaine
JEff, thanks for your reply.
In the case of a sponsor the immigrant however is allowed to count their assets even if they have not been living together for 6+ months. If they've lived together for 6+ months they list them at part 4E, if not then they list them at part 5.
For instance, I am not living with my s-t-b hubby (USC), but if we needed to use my assets I would list them under 5 and they'd qualify.
To rephrase my question: this is a USC wife who has no US income and no assets, so they have a joint sponsor. The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor? Because the joint sponsor does fill out the same I-864, where at part 5 it says:
The sponsored immigrant's assets may also be used insupport of your ability to maintain income at or above 125 percent of the poverty line IF the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within one year.
Domicle doesn't play a role in the assets part, since the immigrant can list them on the I-864 anyway - but does the buck stop (sorry, bad pun
) at the sponsor's I-864 or does this right (?) extend to the joint sponsor's I-864 as well?The domicile part comes into play in my question about household size: if the USC and immigarnt move in with joint sponsor and hubby, does the USC add to the household size (and makes it 4 instead of 3)? I say 3, but am not 100% certain.
Elaine
Feb 3rd 2005, 8:28 pm
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Re: Immigrant assets added to joint sponsor I-864?
Is there anybody who has an answer to this question?
They're getting close to filing but are getting nervous about not knowing if they can have mom be the joint sponsor and use hubby's assets...
Getting in touch with the consulate is a pain in the rear, and would they even tell them?
Elaine (<--- getting nervous for them)
The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor?
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor?
Getting in touch with the consulate is a pain in the rear, and would they even tell them?
Elaine (<--- getting nervous for them
)
Feb 3rd 2005, 10:02 pm
#8
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Posts: 14,049
Re: Immigrant assets added to joint sponsor I-864?
Elaine,
I don't know. Not much help, sorry.
Good luck to your friend.
Regards, JEff
I don't know. Not much help, sorry.
Good luck to your friend.
Regards, JEff
Originally Posted by HunterGreen
Uhhh... sure, Marnee.
JEff, thanks for your reply.
In the case of a sponsor the immigrant however is allowed to count their assets even if they have not been living together for 6+ months. If they've lived together for 6+ months they list them at part 4E, if not then they list them at part 5.
For instance, I am not living with my s-t-b hubby (USC), but if we needed to use my assets I would list them under 5 and they'd qualify.
To rephrase my question: this is a USC wife who has no US income and no assets, so they have a joint sponsor. The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor? Because the joint sponsor does fill out the same I-864, where at part 5 it says:
The sponsored immigrant's assets may also be used insupport of your ability to maintain income at or above 125 percent of the poverty line IF the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within one year.
Domicle doesn't play a role in the assets part, since the immigrant can list them on the I-864 anyway - but does the buck stop (sorry, bad pun) at the sponsor's I-864 or does this right (?) extend to the joint sponsor's I-864 as well?
The domicile part comes into play in my question about household size: if the USC and immigarnt move in with joint sponsor and hubby, does the USC add to the household size (and makes it 4 instead of 3)? I say 3, but am not 100% certain.
Elaine
JEff, thanks for your reply.
In the case of a sponsor the immigrant however is allowed to count their assets even if they have not been living together for 6+ months. If they've lived together for 6+ months they list them at part 4E, if not then they list them at part 5.
For instance, I am not living with my s-t-b hubby (USC), but if we needed to use my assets I would list them under 5 and they'd qualify.
To rephrase my question: this is a USC wife who has no US income and no assets, so they have a joint sponsor. The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor? Because the joint sponsor does fill out the same I-864, where at part 5 it says:
The sponsored immigrant's assets may also be used insupport of your ability to maintain income at or above 125 percent of the poverty line IF the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within one year.
Domicle doesn't play a role in the assets part, since the immigrant can list them on the I-864 anyway - but does the buck stop (sorry, bad pun
) at the sponsor's I-864 or does this right (?) extend to the joint sponsor's I-864 as well?The domicile part comes into play in my question about household size: if the USC and immigarnt move in with joint sponsor and hubby, does the USC add to the household size (and makes it 4 instead of 3)? I say 3, but am not 100% certain.
Elaine
Feb 7th 2005, 8:20 am
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Re: Immigrant assets added to joint sponsor I-864?
Originally Posted by jeffreyhy
I don't know. Not much help, sorry.
They are currently trying to find a different joint sponsor. If they don't ask about this at the consulate when they file, I think I will when we do (our planning is May). I think it might be the only way to get the right answer to this one.
Elaine
Feb 9th 2005, 12:31 pm
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Re: Immigrant assets added to joint sponsor I-864?
If I am understading this correctly, I think the assets (fiance's) would appear on the USC spouse's 864 form. Which, due to lack of income to meet the requirements, would mean a joint sponsor is required. Joint sponsor would file including his/her income and assets to make up the shortfall.
Feb 9th 2005, 2:10 pm
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Re: Immigrant assets added to joint sponsor I-864?
Originally Posted by bionomique
Joint sponsor would file including his/her income and assets to make up the shortfall.
My question is a bit of a different nature - its about the immigrant's assets being added to the joint sponsor's I-864. The sponsor's income/assets would remain 0, the joint sponsor's would be (at least) 125% total. Thanks for your reply though.
Elaine
Last edited by HunterGreen; Feb 9th 2005 at 2:12 pm. Reason: added some info
Feb 9th 2005, 2:18 pm
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Re: Immigrant assets added to joint sponsor I-864?
Originally Posted by HunterGreen
I'm not sure what you mean by this. But if you mean that the joint sponsor only has to make enough/have enough assets for the part the sponsor's missing, that is incorrect. The joint sponsor has to make the 125% level for the household size either by income or assets or a combination of the both. The joint sponsor does NOT make up for a shortcoming of the sponsor, say the sponsor makes 75% and then the joint sponsor adds 50% to make it 125%. That's not how it goes.
My question is a bit of a different nature - its about the immigrant's assets being added to the joint sponsor's I-864. The sponsor's income/assets would remain 0, the joint sponsor's would be (at least) 125% total. Thanks for your reply though.
Elaine
My question is a bit of a different nature - its about the immigrant's assets being added to the joint sponsor's I-864. The sponsor's income/assets would remain 0, the joint sponsor's would be (at least) 125% total. Thanks for your reply though.
Elaine
Feb 9th 2005, 2:23 pm
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Re: Immigrant assets added to joint sponsor I-864?
Here is my question repeated from earlier in the thread (seems easier ):
To rephrase my question: this is a USC wife who has no US income and no assets, so they have a joint sponsor. The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor? Because the joint sponsor does fill out the same I-864, where at part 5 it says:
The sponsored immigrant's assets may also be used insupport of your ability to maintain income at or above 125 percent of the poverty line IF the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within one year.
Domicle doesn't play a role in the assets part, since the immigrant can list them on the I-864 anyway - but does the buck stop (sorry, bad pun ) at the sponsor's I-864 or does this right (?) extend to the joint sponsor's I-864 as well?
Thanks for thinking with me, Bionomique.
Elaine
):To rephrase my question: this is a USC wife who has no US income and no assets, so they have a joint sponsor. The hubby has assets (from selling the house) which he wants to list under 5 at the joint sponsor's I-864.
This is allowed in the case of a sponsor, is it also allowed in the case of a joint sponsor? Because the joint sponsor does fill out the same I-864, where at part 5 it says:
The sponsored immigrant's assets may also be used insupport of your ability to maintain income at or above 125 percent of the poverty line IF the assets are or will be available in the United States for the support of the sponsored immigrant(s) and can readily be converted into cash within one year.
Domicle doesn't play a role in the assets part, since the immigrant can list them on the I-864 anyway - but does the buck stop (sorry, bad pun ) at the sponsor's I-864 or does this right (?) extend to the joint sponsor's I-864 as well?
Thanks for thinking with me, Bionomique.
Elaine
