TN 5 (12-94)

A. POLICY

1. Excluded Sponsor Resources

The resource exclusions that apply to a sponsor are the same exclusions that apply to an eligible individual.

See SI 01130.100 ff. for excluded resources.

2. Amount of Resources Deemed From Sponsor to Alien

a. Sponsor Does Not Live With a Spouse

The nonexcluded resources of the sponsor are deemed to the alien to the extent that those resources exceed the resource limit for an individual.

EXAMPLE: After applying the resource exclusions in SI 01130.100 ff., the adjudicator determines that the sponsor has $3,200 in countable resources. The current resource limit for an individual is $2,000.

$1,200 ($3,200-2,000) of the sponsor's resources is deemed to the alien.

b. Sponsor Lives With a Spouse — Spouse is Not Alien's Sponsor

The nonexcluded resources of the sponsor and his/her spouse are deemed to the alien to the extent that those resources exceed the resource limit for a couple.

EXAMPLE: After applying the resource exclusions in SI 01130.100 ff., the adjudicator determines that the sponsor and sponsor's spouse have combined countable resources of $3,500. The current resource limit for a couple is $3,000.

$500 ($3,500-3,000) of the sponsor's and sponsor's spouse's resources is deemed to the alien.

c. Sponsor Lives With a Spouse — Spouse is Also a Sponsor of the Alien

The nonexcluded resources of the sponsor and his/her spouse are deemed to the alien to the extent that those resources exceed twice the resource limit for an individual.

EXAMPLE: After applying the resource exclusions in SI 01130.100 ff., the adjudicator determines that the sponsor and sponsor's spouse have combined countable resources of $3,500. The current resource limit for an individual is $2,000.

None of the sponsor's and sponsor's spouse's resources are deemed to the alien, since their value is under $4,000 (twice the individual resource limit of $2,000).

B. REFERENCES

Resource limits, SI 01110.003

Deeming concepts, SI 01310.100 ff.