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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106820
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an American citizen and I am applying husband and two

Customer Question

I am an American citizen and I am applying for my husband and two kids . Iam living outside the States and my uncle was supposed to be the financial sponsor and I finished all the steps till the submission of the affidavit of support and supporting documents which were supposed to be done by my uncle living in the states but he is retired. When he did the AOS and notorization he was advised that he should have a job and accordingly, he can't be the sponsor . Is that true ? Can't he depend on his assets or his pension?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The entire value of his assets cannot be used. Also, not all retirement income can be used. However, he does not have to be employed to qualify. So he was advised incorrectly, he does not have to be employed, however, they may have looked at his income and assets and determined that they are not enough for the amount of people being sponsored. So let's look at it like this:

1) How many people does he include in his income taxes? So for example, if he is married and has no minor children, it would be him, his spouse, your husband and the two kids. That would be 5 total so he has to have an income of $35,512 or more per year.

2) What is the equitable value of the assets that he owns? Only 1/5 can be used to qualify.

3) The income that he does receive, where is it from? SSI, SSD? What source?

Customer: replied 1 year ago.
Unfortunately , I don't know what he owns but I know that his income taxes is for him alone , his spouse is a retired doctor and she has her own income taxes . I need to know if he is qualified to sponsor us even though he isn't currently employed because he was advised otherwise .
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You are making it somewhat difficult to answer the question because you aren't giving me all the pieces of the puzzle, but that's fine. I will certainly try.

If it is 5, meaning him, his spouse (even though she does her own taxes, etc. she still counts) and your two children, he has to make $35,512 per year. Multiply that by 5 and because he can only use 1/5 the value of an asset and that means he needs assets worth more than $177,560. So let's say he has a house worth $300,000 but he still owes $150,000 on it, he can use $150,000 of that to qualify, but he would still be short. He can combine income and assets. So let's say he needs to make $35,512 and his retirement income is $25,000 per year, he still needs $10,512. So he can use his spouse's income (she would have to fill out an I-864A) or he can use an asset or assets worth more than $10,512 x 5 ($52,560).

As far as his retirement income, that counts as long as it is not SSI nor TANF. Here is a link to a good article:

http://www.ilw.com/articles/2006,1128-wheeler.shtm

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Dalia. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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