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Can a petitiner USC be the sponsor of an alien when his income for 2006 satisfies the Poverty Guidelines, but his income from 2005 and 2004 didn't?
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Can a petitiner USC be the sponsor of an alien when his income for 2006 satisfies the Poverty Guidelines, but his income from 2005 and 2004 didn't? -
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aguila:
Can a petitiner USC be the sponsor of an alien when his income for 2006 satisfies the Poverty Guidelines, but his income from 2005 and 2004 didn't? </div></BLOCKQUOTE>
Aguila,
I can't directly answer your question. If you call 813.634.5209 which is a small company called Tax Land they might be able to assist you if you need a quick answer. They do the taxes for a lot of immigrants and maybe they can help.Comment
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The best way is to find a sponsor that can satisfy Povetry Guidelines for the last 3 years.
Petitioner will have to submit Affidavit of Support anyway. But USCIS can ask for co sponsor.Comment
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Voyan:
What if the petitioner meets the Poverty Guideline for 2006 and has a savings account with 17k (and does not meet the poverty guideline for 2005 and 2004) ?
I believe that USCIS is only concerned with the current income at the time of petitioning the alien, however, I could anticipate an adjudicator to be reluctuant to approve the I-864 where the alien did not meet the poverty guideline for the past three years.Comment
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I know for a fact the case where I-864 was not approved because Petitioner met current year and did not 2 previous years. Joint co sponsor was required.Comment
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Vovan,
In taht case you know about, USCIS sent the applicant and RFE asking for a joint sponsor, or did they wait to ask for one at the I-485 Interview?
The Poverty Guideline applicable to my friend's situation is $16,500. He met that for 2006, and he has $17,000 in a savings acount which can technically substitute by itself another year of meeting the guideline, or alternatively supplement the incomes from 2005 and 2004 to help them meet the Poverty Guideline of those years.
Do you think that based on this facts, a joint sponsor will still be required?Comment
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In the case I was talking about US Consulate rejected Immigrant Visa and requested Joint Sponsor. They did not accept any savings account info from the Petitioner or beneficiary. All they wanted is the Sponsor that meets Povetry Guideline for the last three years.Comment
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aguila:
Vovan,
In taht case you know about, USCIS sent the applicant and RFE asking for a joint sponsor, or did they wait to ask for one at the I-485 Interview?
The Poverty Guideline applicable to my friend's situation is $16,500. He met that for 2006, and he has $17,000 in a savings acount which can technically substitute by itself another year of meeting the guideline, or alternatively supplement the incomes from 2005 and 2004 to help them meet the Poverty Guideline of those years.
Do you think that based on this facts, a joint sponsor will still be required? </div></BLOCKQUOTE>
Hmmm. Is this for an adjustment of status application? It seems, if memory serves me correctly a Final Rule on the Affidavit of Support sufficiency requirements was issued last year, that specified that only one year of tax returns is required for the I-864.
And, bear in mind, (presuming your friend is applying in 2007 and has a 2006 tax return already available) that present and sustaining employment is part and parcel to the sufficiency test. As such, a letter from an employer can show that the income is likely to sustain.
Of course, this question could be posed to a qualified immigration attorney, if you have any doubt. And there are oodles of immigration sites to pose your question on, if you need some casual confirmation, but I sense that I remember the details accurately. There's a rather new forum that is inhabited by people that are in the "know" that you might wish to have a look at
http://www.familybasedimmigration.com
Go over and cruise through
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.Comment
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Only the latest I-864 is required for EVIDENTIARY purposes of meeting the poverty guideline. They would take your words on face value when filling the 2nd and 3rd most recent income section of the I-864/I-864EZ form.
My inquiry is a more difficult one, and is whether a USC petitioning for alien which will file AOS in the US can satisfy the poverty guidelines required by meeting the income required for ONLY ONE YEAR of the last 3 prior to the filing of such affidavit.Comment
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