Income didn't meet the Poverty Guidelines

[qwertyhelp]

Hi Everyone,

I know this question is cliche but I may ask.. My husbands 2017 income didn't meet the USCIS set poverty guidelines so we asked his mother if she can be our sponsor. Gladly, we got a yes from her and now we have her w2 and 1040. UNFORTUNATELY, just like my husband, the income didn't meet the set guidelines. My question is, are they going to combine both income to reach the set amount or the income should be coming only from one sponsor that reaches the guidelines. I'm not sure about this, how does it work? Please help me

Thank You so much. I'm stressed out.

[E3toGC]

Hi Everyone,

I know this question is cliche but I may ask.. My husbands 2017 income didn't meet the USCIS set poverty guidelines so we asked his mother if she can be our sponsor. Gladly, we got a yes from her and now we have her w2 and 1040. UNFORTUNATELY, just like my husband, the income didn't meet the set guidelines. My question is, are they going to combine both income to reach the set amount or the income should be coming only from one sponsor that reaches the guidelines. I'm not sure about this, how does it work? Please help me

Thank You so much. I'm stressed out.

I was curious after reading your question so I just googled it and came up with this:

https://www.uscis.gov/greencard/affidavit-support

"A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement."

So it would seem your husband's income and his mother's income cannot be combined to get to the threshold.

Have a look at other options in the "If You Can’t Meet the Minimum Income Requirements" tab at the link above.

I haven't worked with the joint sponsor requirements though, and I don't want to lead you in the wrong direction, so I'm only pointing you to what I found from a quick search.
Soon enough, someone with joint sponsor experience will respond and confirm or correct anything I've said.

[azblk]

Hi Everyone,

I know this question is cliche but I may ask.. My husbands 2017 income didn't meet the USCIS set poverty guidelines so we asked his mother if she can be our sponsor. Gladly, we got a yes from her and now we have her w2 and 1040. UNFORTUNATELY, just like my husband, the income didn't meet the set guidelines. My question is, are they going to combine both income to reach the set amount or the income should be coming only from one sponsor that reaches the guidelines. I'm not sure about this, how does it work? Please help me

Thank You so much. I'm stressed out.

If you mother in law lives in the same household as you and hubby, then yes you can combine incomes.
Otherwise you have to find someone else to co sponsor or your husband has to up his income. Do you have an income? Assets?

[kaylip]

Have him get a second part time job.

[Guest]

Joint Sponsor

Per USCIS: "A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement."

If you have a high enough income, or any income, you can use it to supplement his. This is available only for married couples where the intending immigrant is the spouse and the couple intends to reside together in the US. Basically, if your "household" income is above the limit (you & your husband), then it should be okay. This is per USCIS rules, which are clearly stated in the instructions for the I-864. HOWEVER, I have heard that USCIS does not always accept this, even though it is in accordance with their own rules.

If your husband takes a second job, I am not sure it would be enough even if the income would be high enough. He would probably have to get a letter confirming that he will continue to work there after his green card, or they may not accept less than a few years of work, because they may suspect that he only got the position in order to meet the requirements. He will also have to submit his tax return from 2017, and if his income is not high enough or he can't show that it was high enough in recent years or that he has enough saved, they may reject it.

Additionally, assets are complicated because it's not a straight calculation. They have to be immediately liquidateable (I'm not sure that's a real word, but basically you have to be able to turn them into cash right away if need be), you can't list a car if it's your only one, and I believe all assets have to be like 3x the amount that you need. Don't quote me on the specifics, I am pulling from memory from when I did it.

For what it's worth, I was a student when we married so obviously I did not have the income. We used his, as the intending immigrant spouse, and filled out both an I-864 and an I-864A (not technically required but again I heard rumors of USCIS asking for it even though their rules say you don't need it). We are still pending (RD 2/20/18), he just received his EAD. I have now secured a post-grad position that meets the requirements, but still we may have to find a joint sponsor if USCIS comes down on us for it, but I'll post if that happens.

If you use a joint sponsor, the joint sponsor needs to independently meet the income requirements. Regardless of where you live, it's probably better to find a joint sponsor who meets the requirements individually, rather than as a household (NOT REQUIRED - THE RULES ALLOW FOR HOUSEHOLD THIS IS JUST MY PERSONAL OPINION ON WHAT WOULD MAKE IT EASIEST). This is because one person needs to be legally responsible entirely. That is to say, you can have multiple joint sponsors but they each need to be able to be legally responsible for all costs of the immigrant, you can't really spread it around.

But, as azblk said, if you reside with your husband and mother-in-law, their income can be combined as a "household" because they are related adults living in the same home.

Good luck!