What should I do if the qualifications of the economic guarantor are not enough for relative immigration?

I-864, sponsorship, family-based immigration,
The I-864 financial guarantee is an important part of the family-based immigration application that cannot be ignored.

Year: 2018
Nationality: Chinese
Applicant: Ms. Yan’s husband (American citizen)
Beneficiary: Ms. Yan (Chinese citizen)

Difficulties in this case:
• The applicant is an economic guarantor, and the guarantee conditions are not up to standard
• If the couple has two children, the amount of guarantee required will increase relatively
• The applicant is not in the United States all year round, the amount of tax declaration in the United States is very small, and there is no personal assets
• It is difficult for the couple to find a suitable co-sponsor

Brief background:
Ms. Yan has been married to her American husband for many years and has two sons. I have been living in China for a long time. Because my eldest son is going to study in the United States, my husband decided to submit an immigration application for Ms. Yan. In August 2017, Ms. Yan was asked to make up documents during an interview at the Guangzhou Consulate. Because my husband lives in China and teaches English, the amount of tax declaration in the United States is very small, which does not meet the standard of financial guarantee (affidavit of support), and he has no savings or other assets; what’s worse, Ms. Yan’s husband has no suitable relatives and friends in the United States to support him. Be a joint guarantor.

At the same time, the immigration officer also questioned Ms. Yan’s husband’s family and work in China, which does not meet the US domicile (American residence) requirements, and there is no need to apply for immigration for his wife. For this reason, Ms. Yan’s husband returned to the United States ahead of schedule. While looking for a job, he contacted the Immigration Bureau and the local government, but encountered a situation of “playing football”. He also contacted a local lawyer and the Guangzhou Consulate, but the problem still could not be resolved. . In desperation, Ms. Yan looked for a lawyer on the Internet with the mentality of giving it a try. In December 2017, she found Zang Dikai United Law Firm (Tsang & Associates), hoping that we could help her solve her urgent needs.

Keys to success:
Under normal circumstances, even if the applicant’s guarantee amount does not meet the standard, the problem can be successfully resolved by finding a corresponding joint guarantor. But Miss Yan’s situation is somewhat special. Lawyer Chen of Zang Dikai United Law Firm (Tsang & Associates) fully communicated with the client to understand the situation, and specially formulated a third plan for her – using Ms. Yan’s personal assets for self-guarantee. Using the personal assets of the immigrant beneficiary as guarantee means that Ms. Yan’s assets must be more than three times the difference between her husband’s annual income in the most recent year and the federal poverty line. In simple terms, a formula expresses: (Federal poverty line amount – applicant’s annual income amount) ✖️3< Amount of personal assets . We compiled a list of supporting materials and guided Ms. Yan on how to prepare materials to meet the various economic requirements of immigrants.

First, Tsang & Associates uses the official poverty guideline (Poverty Guideline) to point out the minimum income that a family of four should have in the state, so as to accurately calculate the applicant’s annual income and the government’s minimum income. the difference between the income amounts;

Second, Zang Dikai United Law Firm (Tsang & Associates) helped Ms. Yan produce a real estate appraisal report from an authoritative organization, which indicated the market price of the house. At the same time, we have also attached the purchase certificate of the property, confirming that Ms. Yan is the current owner of the property;

Third, Zang Dikai United Law Firm (Tsang & Associates) submitted Ms. Yan’s bank statements and deposit certificates, proving that her personal deposits are sufficient and will not become a public burden after arriving in the United States;

Fourth, in addition to this, we also prepared a well-reasoned and well-founded lawyer’s letter for Ms. Yan, which concisely explained the special situation that Ms. Yan’s husband lived overseas as a financial guarantor for a long time, resulting in insufficient tax payment in the United States. , and the legal personal property under Ms. Yan’s name is more than enough for guarantee, which proves that she fully meets the financial guarantee conditions for relative immigration.

Case results:
In January 2018, we submitted the I-864 supporting documents and supporting data for Ms. Yan. Before the Spring Festival, Ms. Yan found out that the status of the immigrant visa was changed to issued, and soon received the passport with the immigrant visa. Ms. Yan was ecstatic to receive the visa! I specially wrote a two-page thank you letter to Tsang & Associates. Ms. Yan was very worried when she learned that her husband went to the United States to coordinate but there was still no result. She was afraid that she would not be able to immigrate to the United States to accompany her two children, which would delay the enrollment time of the eldest son and the whole family plan. However, after finding us, things took an unexpected turn. Ms. Yan was deeply impressed by the professional and thoughtful customer service. She is very grateful that she was able to find such a reliable team in a critical moment and successfully solved her immigration problem.

Lawyer Comments:
Financial guarantee (affidavit of support) is an important link in the application for relative immigration. The applicant needs to have sufficient financial resources to guarantee that the beneficiary will not become a social burden after arriving in the United States. However, many applicants do not know where to start when faced with insufficient financial resources, nor do they know how to find alternative solutions. If you have questions in this regard, please contact Tsang & Associates.

*For more relevant professional information, please click the following articles to view:
Importance of Federal Poverty Levels for Financial Assurance
2018 Federal Poverty Levels Introduced
U.S. Economic Guarantee I-864 Analysis

*To protect customer privacy, customer names are pseudonyms.