Legal Question in Immigration Law in Illinois
Hello,
my question is about the form I 864. My husband's mother (US citizen) is going to be my joint sponsor. Her adjusted gross income was $15, 120 in 2008 (1040EZ, W2).( I suppose by April 15, 2010 the most resent tax year is still 2008). Her household with me is 2. So, her income is under the poverty line. The requirement for household of 2 is at least $18,212. They want us to show them that she has 5 x the difference in assets (18 212 - 15 120) x 5 = $15460). My joint sponsor owns a condominium which cost $ 93000 in 1980. She owns 50% because she is a joint tenant with right of survivorship. There is no mortgage on the condo. As evidence of ownership we have a certified copy of certificate of title, release of mortgage and mortgage document. We ordered a broker price opinion (BPO) to prove the net value of the real estate. Is the BPO sufficient to prove the net value or we have to really order an expensive appraisal? Or should we order a full interior BPO? My sponsor also invested more than $ 33,000 in annuity in December 2009 ( ING USA Annuity and Life Insurance Company). Do we have to prove the net cash value of annuities when she invested this money 2 months ago? Furthermore, I put 7000 on CD 2 weeks ago. Are the condo, annuity and CD able to be cash within a year as the form I-864 requires?
We have following documents prepared to send to Homeland Security (we reply on request for initial evidence)
notarized form I 864
federal tax returns for 2008, 2007, 2006 together with W2s
evidence of us citizenship (a copy of the biographic date page of US passport
evidence of real estate (certificate of title, mortgage document, release of mortgage, BPO)
evidence of annuity (annuity certificate)
CD
Should we send them more documents? If any, could you tell me what documents are necessery?
Thank you for your time
Sincerely,
Veronika
1 Answer from Attorneys
This should be addressed to an attorney in private. I am afraid, I can't give you a case-specific advice on a forum (this is a public question). If you wish to schedule a consultation, please let me know.
This particular joint sponsor's income doesn't qualify her to act as a sponsor because it's below poverty guidelines for 2009. However, if she uses her real estate and/or other assets, she might be able to act as a joint sponsor. For this matter, she should provide conclusive evidence of the unmortgaged value of the real estate, etc.
What is the problem with the primary sponsor's income (husband)? he is required to submit his own Affidavit whether or not there is a joint sponsor.
If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
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