What is the impact of a mortgage on my eligibility to be the sole sponsor for my spouse’s case and how would a mortgage impact the case?
Previously, there was a form called I-944 that was in addition to this affidavit of support where immigration wanted to see your debts as well as showing that you had the requisite income.
See: Goodbye Form I-944!
Some individuals are trying to use their home as an asset but in general, taking out a mortgage to purchase a home wouldn’t necessarily negatively impact the affidavit of support. It can if you’re having to use assets for the affidavit of support.
Immigration looks at the total income line on your taxes of the prior year to determine whether or not you are eligible to be the sole sponsor for the case. They compare that amount to the poverty guidelines called form I-864P and compare your household size with that number.
See: I-864P Affidavit of Support – Do I Make Enough?
If you don’t make enough, one of the things that you can do is you can show that you have assets and one of the assets you can use is a home. The assets have to make up three times the difference. The amount that you’re short to be able to be the sole sponsor has to make up that difference by three times.
Also, if you’re going to use something like a home as an asset, you have to show how much equity you have in the home. How much money you have put into the home, how much of your mortgage you have paid off, and how much of that home balance on the mortgage still remains.
If you have more questions about this topic, feel free to schedule a consultation with our attorneys and we’d be able to help you decide what your next options are. In general, taking out a mortgage wouldn’t necessarily negatively impact you for the affidavit of support but it is going to depend if you have to use assets or not.