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Immigration Forum / USA Marriage Base / June 2005



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Ready to go with OF-230 Part - Need Advice!

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Pete&Shan - 30 Jun 2005 08:43 GMT
Hi all,

I finally got the package 3 and we are ready to send it off.

I am looking for some expert opinions.  I have posted before that since
I live in the UK as the sponsor, I don't qualify financially and our
house has not been valued yet and my assets are not clearly enough based
on vested interests, a diverse, confusing group of assets that I could
stretch to cover the $80,000 I need, here is my question:

My dad has sent me his joint sponsor I-864 and he earns well over
$100,000 a year.  Should I send in my required but tiny sponsor form
with my paltry $4,000 in income based on 2004 tax year, and send dad's
in as well, and just let it all take its course, or delay my filing and
create a complex asset document?  We really want to travel as soon as we
can, as my husband has a job waiting?

Thank you for your opinions

Shannon
Rete - 30 Jun 2005 13:45 GMT
> Hi all,
>
[quoted text clipped - 16 lines]
>
> Shannon

Yes, yours is needed as well as your co/joint sponsor's.  You will be
the primary financial sponsor regardless of your current financial
situation and your father the secondary one.  In other words, if your
family acquires means tested benefits, the US Government will come after
you first and then your father if you can reimburse them.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Pete&Shan - 30 Jun 2005 14:28 GMT
> Yes, yours is needed as well as your co/joint sponsor's.  You will be
> the primary financial sponsor regardless of your current financial
> situation and your father the secondary one.  In other words, if your
> family acquires means tested benefits, the US Government will come
> after you first and then your father if you can reimburse them.

So are you saying it is better to take the time to add my finances and
only use my dad as backup?  It would slow the process down.

Thanks
Rete - 30 Jun 2005 14:47 GMT
> So are you saying it is better to take the time to add my finances and
> only use my dad as backup?  It would slow the process down.
>
> Thanks

No, I did not say that.  You said that you don't have enough to be
financial sponsor and that your father was going to be your co/joint
sponsor.  I was explaining to you how the system works in regards to
reimbursement of means tested funds.  And you were thinking that you
only to submit your father's and not your own.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Pete&Shan - 30 Jun 2005 15:06 GMT
> No, I did not say that.  You said that you don't have enough to be
> financial sponsor and that your father was going to be your co/joint
> sponsor.  I was explaining to you how the system works in regards to
> reimbursement of means tested funds.  And you were thinking that you
> only to submit your father's and not your own.

Sorry I was unclear - I know I have to submit mine, I just want to make
sure it does not hurt that mine sucks - and that we are depending on my
dad's.  We really want to get this moving, and since my dad's 864 is
ready and waiting, i am sending it with my poor little one - on the
grounds they can't deny you if you have a joint sponsor.  It is much
easier this way.

Thanks!
Folinskyinla - 30 Jun 2005 15:27 GMT
> Sorry I was unclear - I know I have to submit mine, I just want to
> make sure it does not hurt that mine sucks - and that we are depending
[quoted text clipped - 4 lines]
>
> Thanks!

Hi:

On "sufficiency" grounds, only ONE I-864 needs to be sufficient.  The
fact that the "petitioner's" I-864 "sucks" does not detract from that.

That said, even with a "sufficient" I-864, the ConOff could deny on
general "public charge" grounds.  However, you said you husband has a
job waiting.  I think evidence of that waiting job will deal with any
concern that the consular officer may have with the general "public
charge" grounds.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

Pete&Shan - 30 Jun 2005 15:50 GMT
> Hi:
>
[quoted text clipped - 6 lines]
> concern that the consular officer may have with the general "public
> charge" grounds.

That is a good point - we both will have jobs with my family's company
and we have a house to live in basically free.  We have plenty of money
now and will have plenty in the states.

Should I attach the job offer for my husband? The checklist says don't
send anything unless it is asked for.

Shannon
Rete - 30 Jun 2005 17:00 GMT
> That is a good point - we both will have jobs with my family's company
> and we have a house to live in basically free.  We have plenty of
[quoted text clipped - 4 lines]
>
> Shannon

No, bring it to the interview.  Since it is a family owned business have
someone in the family with a position of authority write you a formal
employment letter on company stationery and list the start dates, annual
salary, and type of position you and you wife will be performing.  Also
if the house is company owned somewhere in the letter this can be
addressed as relocation to company realty property and perhaps a lease
of some type.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Noorah101 - 30 Jun 2005 15:00 GMT
> So are you saying it is better to take the time to add my finances and
> only use my dad as backup?  It would slow the process down.
>
> Thanks

Hi Pete&Shan,

You can submit your bare-bones I-864, without showing all the assets.
You still need to submit one, since you are the sponsor.  Your dad, who
is your joint sponsor, will submit the one that will count towards
getting the visa application accepted.  You don't have to go through the
hassle of totalling your assets.

Best Wishes,
Rene
 
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