Q: I recently relocated back to the US, from living abroad for several years, during that time I was retired and my only
income was social security, about $10,000, I was legally married and file I-130, when I filed support affadavit I offered assets to make up for the shortfall of the $20.000 level,The SS income required no tax return filed, Embassy immigration rejected the SS income, because no tax return was filed, and they requested a financial sponsor. Are they correct ?Even though the Form 864 states assets may be used to supplement income shortfall.
A:
Not having filed a tax return alone should not have been a reason for the embassy to ask for a joint sponsor. If one was not required to file a tax return, but has sufficient non-means tested benefits (you didn't specify what type of social security benefits you are receiving) or such benefits (but not valued at a figure that is at least 125% of the federal poverty guideline) combined with assets that are valued at 3 times the value of the shortfall, then arguably a joint sponsor may not be needed. In my experience, it sometimes takes a 2nd or 3rd explanation to the embassy before they understand such arguments.
For some detailed information about the sufficiency of affidavits of support, visit the following page from the U.S. Citizenship & Immigration Services Adjudicator's Field Manual: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html#0-0-0-381
If you still run into problems, consider scheduling a consultation with a competent immigration attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.