IR-5 Visa

[scordine]

Hi Everyone!

I have an U.S. citizen daughter living in US who will become 21 next month. She is going to College, doesn't work, therefore, doesn't have an Income.

One of the Requirements for an IR-5 Visa says:

" The American citizen petitioner must meet the minimum income requirement for an IR5 visa or have a qualified cosponsor."

My question is: Can my Sister (her aint) who also is an American citizen who has a stable financial situation be the sponsor or the "cosponsor" instead of my daughter? In other words, can the IR-5 Visa been issued through my daughter to me but having my Sister providing the financial requirements?

Thank you!

Cesar.

[rayb]

Your daughter will have to be the primary sponsor, even without income, and your sister can be a co-sponsor with her own I-864 package.

--Ray B

Hi Everyone!

I have an U.S. citizen daughter living in US who will become 21 next month. She is going to College, doesn't work, therefore, doesn't have an Income.

One of the Requirements for an IR-5 Visa says:

" The American citizen petitioner must meet the minimum income requirement for an IR5 visa or have a qualified cosponsor."

My question is: Can my Sister (her aint) who also is an American citizen who has a stable financial situation be the sponsor or the "cosponsor" instead of my daughter? In other words, can the IR-5 Visa been issued through my daughter to me but having my Sister providing the financial requirements?

Thank you!

Cesar.

[Rajblr2016]

Your daughter will have to be the primary sponsor, even without income, and your sister can be a co-sponsor with her own I-864 package.

--Ray B

My situation is pretty much similar, except that I have over 40 qualifying credits. (Worked and lived in the US over a decade ago before leaving the country) - Which makes my wife and self eligible for I-864W. (Beneficiaries of I-130).

In this situation, would our daughter be still required to file a I-864 first, or can we be submit our I-864W directly. (My wife never worked while in the US).

Thanks!

[rayb]

If your daughter is the petitioner, she has to be the primary sponsor. I don't believe your past history of working in the U.S. qualifies you for a sponsorship waiver, but I haven't had experience with that type of waiver.

--Ray B

My situation is pretty much similar, except that I have over 40 qualifying credits. (Worked and lived in the US over a decade ago before leaving the country) - Which makes my wife and self eligible for I-864W. (Beneficiaries of I-130).

In this situation, would our daughter be still required to file a I-864 first, or can we be submit our I-864W directly. (My wife never worked while in the US).

Thanks!

[newacct]

My situation is pretty much similar, except that I have over 40 qualifying credits. (Worked and lived in the US over a decade ago before leaving the country) - Which makes my wife and self eligible for I-864W. (Beneficiaries of I-130).

In this situation, would our daughter be still required to file a I-864 first, or can we be submit our I-864W directly. (My wife never worked while in the US).

Thanks!

No, in that case an I-864 is not needed. (There would be no point as the obligations would immediately terminate anyway, as you meet one of the conditions for termination.)

[Rajblr2016]

Update: Although yet to receive an official/written communication, I just gathered that my case was reviewed today and that a checklist for missing I864 will soon be generated and emailed to me.

My Comments/Questions: Shocked at this outcome, while I await the email, I wish to reach out to solicit your comments on the following, given that I had submitted (i) a signed i-864w form together with (ii) SSA Earnings Statement (SSA-7005-SM-OR), (iii) A Cover Note, (iv) A complete background of my case and previous stay and history of work while formerly residing in the US, (v) An undertaking and a self-declared Affidavit that no means tested public benefits were ever claimed by me.

1. Mine is a straight forward case of eligibility for i-864W (reasons shared earlier). What is the use of this waiver form, if I am considered ineligible for exemption? Or, is it a case of an education issue of my Application reviewer?. (I remember that this (lack of knowledge/understanding of the reviewer) being a problem around 2014 period, but thought that NVC had addressed this since).

2. As newacct had correctly observed, even if one were to file i-864 finding a sponsor(s) to get past this issue, technically, it would cease to be effective right off the bat, as the life/duration of such guarantee/undertaking via i-864 terminates on the beneficiary acquiring 40 SSA Qualifying credits (which I already have).

3. Is it right to do the wrong thing by requiring the petitioner (US Citizen student that has never worked/earned) to complete an i-864 and then find an additional sponsor to do the i-864a? Although I could somehow manage this, it simply does n’t feel right for me to go this route

4. Do I have other options, such as requesting to speak to a Supervisor/Reviewer/Tier II officer, etc?. I believe it is not fair to expect me to submit wrong forms and stuff and have me get to the end-of-the line of cases pending review - for no wrong doing on my part, to the best of my belief and knowledge.

Your Thoughts/Comments or Suggestions would be much appreciated.

Thanks!