I have no income, will the K-1 petition be denied?

[Jazzi 24]

I have everything ready to send in the petition for a fiance visa for my fiance in Australia.  Filling out the g-325a form I'm getting scared it will be denied.  I currently do not have an income and living with my parents.  Would my father who I financially depend on now be able to be a sponsor? (His income is about $40,000)  My fiance has a very good job fixing cars, so can his income be considered to say that he can support himself here?  

[geowrian 22,335]

You can use a joint sponsor such as your dad. The beneficiary's income will not be considered.

 

That said, the G-325A is only for biographical information purposes. The affidavit of support (I-134) won't come into play until the K-1 interview.

[PedroDaGr8 245]

Your fiancee's income CANNOT be considered in any way as he does not have a job here. Your father MIGHT be able so sponsor you (depends on the household size, meaning is he married, any other kids besides you, etc.) but not all embassies accept sponsorships IIRC. 

Edited April 26, 2017 by PedroDaGr8

[lost_at_sea 995]

You appear to be in filing for a K1 in Australia, so your embassy should accept a joint sponsor. A joint sponsor can be anyone over 18, resident in the USA, an LPR or citizen and have the required amount of money.

 

I recommend you read the I-864 and accompanying instructions.  https://www.uscis.gov/i-864

 

You'll be supplying the I-134* for the K1 process, but the embassies follow roughly the same rules as for the I-864, which you'll be completing during the AoS procedure anyway and will need the same financial information, except more stringently. 

 

The Australian's income does not count because it will not continue in the USA.  Savings/assets can count, so if you happen to have a lot that's also an option. 

 

* https://www.uscis.gov/i-134 

Edited April 26, 2017 by lost_at_sea

[KimchiLumpia 315]

To add to what others have said, your foreign fiance cannot legally work in the US until he receives his Employment Authorization Document (EAD).  This is usually filed with the Adjustment of Status form I-485 after you have gotten married.  

Keep in mind, it can take 3-6 months for his EAD to come.  I mention this so you can plan accordingly that your Australian fiance won't be able to financially support you and your family legally for possibly 6 months.

[Jazzi 24]

Thank you all for your responses! I just want to make sure, in case to have a plan B, can a sponsor be a non-family member, such as a friend that meets the financial requirements and is a US citizen? 

[geowrian 22,335]

6 minutes ago, Jazzi said:

Thank you all for your responses! I just want to make sure, in case to have a plan B, can a sponsor be a non-family member, such as a friend that meets the financial requirements and is a US citizen? 

Yes. Any USC/LPR living in the US who meets the financial requirements can do so.