QUESTION

Can they just force us to get a joint sponsor if my income does not meet the poverty guidelines?

Asked on Apr 04th, 2013 on Immigration - Michigan
More details to this question:
I'm sponsoring my husband, and yesterday he went to the interview at the consulate. He's abroad. He was told that he should get my most recent Tax Return (2012) and that if it was still too low, we'd need a joint sponsor. Unfortunately, I still don't meet the requirements. We do have 3 times the difference in cash, but it seems the consulate doesn't care for that. I understand the poverty level is important, but I don't consider us "poor". My husband owns a house in his home country. Any help is much appreciated. We really have no one who could be a joint sponsor. Thank you in advance.
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5 ANSWERS

Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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You need to show the consulate 5 time the difference between what you are making and what the required amount is. If you have 5 time she difference then produce a current bank statement with another I864 completed to reflect the cash in the bank. If not you will need a joint sponsor.
Answered on Apr 04th, 2013 at 8:56 PM

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Adebola O. Asekun
If your income does not meet the poverty guidelines, you may also want to list the dollar value of any and all assets you have in United States, including bank accounts, IRAs real and other property including automobiles, jewelry etc. Doing this will probably involve that you have an accountant certify to its accuracy. But if in the end you still cannot meet the poverty guidelines, you may have to find a friend, colleague or family member to act as co-sponsor. The only requirement is that the co-sponsor must be either a US citizen or LPR. And except that such individual must be residing in the US, there is no requirement that it must be a family member or that the co-sponsor must be residing in the same city or state with you. Given this, you should expand your search to include any one who meets that basic requirement. I urge you to give this your priority before a consular officer finds that your husband is inadmissible to receive a visa on public charge grounds .
Answered on Apr 04th, 2013 at 8:35 PM

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If your income is below the poverty guidelines, the consulate can require you to get a joint sponsor for the case. However, if your husband was to sell his home you could include the cash amount in the affidavit of support. To do so, the form must be filled-out correctly and the cash needs to be documented through a bank statement or letter or it won't be properly considered.
Answered on Apr 04th, 2013 at 8:26 PM

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If the sponsor do have the required amount of income then a joint sponsor is required and it is a standard requirement. There are, in many cases, ways around that but it is very fact specific. Talk with an Immigration Attorney and the attorney may be able to help you prepare evidence and other documents to overcome this problem.
Answered on Apr 04th, 2013 at 8:21 PM

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Maybe have an attorney write a letter stating that the income with assets meet the requirements. I have done that successfully. But the consulate has a lot of discretion. It can be unreasonable.
Answered on Apr 04th, 2013 at 8:19 PM

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