GC denied due to insufficent income

G

Gcardy

New Member
Hello all, what is te income requirement to sponsor a parent (mother only)?
this morning my mother inlaw got denied her GC in her interview and the reason was that her daughter didn't make enough money to sponsor her.
is there a chance to appeal this decision?
FYI, the household income is 46 K.

Thanks
 
The income requirement to support a parent is no different than the one for an immediate relative. As per 2005 poverty guidelines, a household income of 46K can support a household size of upto 7 persons - http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf. This includes the immigrants that your wife might have sponsored (or joint sponsored) in the past. Read the instructions in I-864 to see when the obligations of a sponsorer towards the sponsored immigrant expire.

Also, keep in mind that it is not just the present household income that goes into determining the eligibility to sponsor an immigrant - it is the ability to maintain an annual household income at or above 125% of poverty line, ie, the present income and the income (as declared in the Income tax returns) of the recent 3 years.

HTH, USC
 
Gcardy said:
Hello all, what is te income requirement to sponsor a parent (mother only)?
this morning my mother inlaw got denied her GC in her interview and the reason was that her daughter didn't make enough money to sponsor her.
is there a chance to appeal this decision?
FYI, the household income is 46 K.

Thanks
Click to expand...
How much is her income? The household income may include your or someone else's income. And if your wife's income alone didn't meet the requirements, the person making the rest of the income in the household needed to file I-864A along with your wife's I-864.
 
Her income is 22 K, but when she submited the application, she included the tax return for the household income. At this point, is it possible to correct this misunderstanding? Possibly the counsular office looked at her income only and not the household.

Thanks for your responses
 
Gcardy said:
Her income is 22 K, but when she submited the application, she included the tax return for the household income. At this point, is it possible to correct this misunderstanding? Possibly the counsular office looked at her income only and not the household.

Thanks for your responses
Click to expand...
I'm not a lawyer, neither do I have a specific knowledge in this field.

But I tend to think that it's all about the income of that one sponsor alone, since he/she alone is personally responsible to support the GC applicant, not anybody else in that particular household.
In case you and your wife got devorced and you didn't file as a co-sponsor for her mother, your then ex-wife alone would still be responsible to support her mom, not you.
Find a co-sponsor and file again.
 
Gcardy said:
Her income is 22 K, but when she submited the application, she included the tax return for the household income. At this point, is it possible to correct this misunderstanding? Possibly the counsular office looked at her income only and not the household.

Thanks for your responses
Click to expand...
Since 22K wasn't enough I am assuming that your total household size is more than 3 (including your mother-in-law). All you needed was a notarized I-864A signed by whoever makes the rest of the income along with his/her last paystab.
Another officer might have just asked for the missing form. But apparently that wasn't the case. Or maybe that's what it was? Are you sure they rejected her? Maybe she misunderstood? Have her fax you the response they gave her. Contact the Embassy in your country, and find out what's going on. The sooner the better!
The reason I am saying this is because my frined's mother called her in panic and told her that she was denied on the interview. It took my friend a while to find out what really happened. They just needed more proof of her income, and there were some issues with her mother's health. She faxed them whatever they required. Everything was resolved in 2-3 days. Her mom is already here. :)
 
rex1960 said:
I'm not a lawyer, neither do I have a specific knowledge in this field.

But I tend to think that it's all about the income of that one sponsor alone, since he/she alone is personally responsible to support the GC applicant, not anybody else in that particular household.
In case you and your wife got devorced and you didn't file as a co-sponsor for her mother, your then ex-wife alone would still be responsible to support her mom, not you.
Find a co-sponsor and file again.
Click to expand...

That's an interesting angle to look at the problem, I too was thinking on the same lines in the begining. Even after I read the instructions in the 864 (which say that the income of the sponsored immigrant may also be used), I wasn't sure I understood it right and asked the question here to confirm. Besides, I also read a post from one ncgirl, who said that she was asked to fill out 864A during the interview http://www.immigrationportal.com/showthread.php?t=154692&page=4.

I am currently working part time, as a student assitant and am having my husband file an 864A to include his income... I hope it works out... and the case doesn't gets denied because of insufficient income (mine alone would be insufficient). But then again, the condition - what if the wife gets divorced and the spouse's income was used to co-sponsor another immigrant does not apply to us, as I will be including my husband's income, to sponsor him. Thoughts? :-/
USC
 
You must log in or register to reply here.
Top