I have spoken with 2 different attorneys, the first told me my financial requirements were fine because I made over $17K a year. Well the 2nd attorney said that there is an additional requirement if I have children, which I have 3.

I made $28K last year and the lawyer said I would have to show $29,250. Is this correct?

If I have to have an additional sponsor what kind of liabilty are they signing up for?

Stumpjumper,

Attorney #2 is correct but out of date. You'll need at least $24,130 for the visa, possibly $30,162, and $30,162 for sure for her adjustment of status. Current income we're talking here, your most recent pay check converted to an annual ammount.

Did you tell attorney #1 about those 3 kids?

Yodak

So we need a co-sponsor then? What are the requirements for a co-sponsor?

if you check the poverty guidlines here

http://www.ed.gov/offices/OSFAP/DirectLoan...lc/poverty.html

you can see for yourself. a family of 5 needs to have that much money to make 125% of the guidline. I came up with $29,250 also. But I'm not entirely sure what they will look for at the time of the application.
By someone being a sponsor during the interview stage (form I-134) and by being a joint sponsor at the AOS stage (form I-864) they are simply saying that they will be responsible for the immigrant if that immigrant will ever apply for federal assistance. Basically that they won't go on welfare or become a public charge. As long as the immigrant doesn't try to receive any public assistance the joint sponsor does not need to "do" anything. (there is a list of which types qualify for this restriction that I can't put my hands on right now). There are a few differences between these two forms, but none that pertain to your question.
Sue

Stumpjumper,

For the visa, it depends a bit on what the consular officers in Rumania have been told to look for. The visa sponsor needs a current and sustainable income that meets their requirement (yours might), and who appears to be a good bet to acually put out the money should it be needed to support the visa applicant.

For adjustment of status, reading the form I-864 instructions would be a good place to start. Sponsorship at that stage is more definitive, less subjective.

Yodrak

So if my co-sponsor doesnt make $115000 in a year we're SOL??

Sue,

That source is now out of date. Why don't you look instead at the USCIS web site?

Yodrak



Stumpjumper,

Where did you come up with that figure?

Yodrak

Here is the link to the USCIS page with the current poverty guidelines. Show this to your attorney.

http://www.uscis.gov/files/form/I-864P.pdf

I've never felt so devastated in my life. I planned on having my mom and or step father co-sponsor for us if needed. I guess from the beginning I missed where the income needed to be 125% the poverty level and all this time we thought as long as I made over the $17k everything was going to be fine.

No I find I am short the poverty line for a family of 5 and my mom and step dad are both retired and would only meet the financial requirement with their combined income.

Are we out of options? Is there another way to bring her here without having to meet that financial requirement? What if we were married in Romania, how can anyone keep a married couple apart? Can she live here illegally for a long period of time and apply for a different formof citizenship?

Crying tears on MSN, this is a sad day.

Stumpjumper,

Being married rather than engaged will not solve the problem - an immigrant needs to be sponsored and the sponsorship requirements are set by law in the INA.

As a practical matter, the income requirements for immigration are set quite low - it's not easy to live at or near the poverty level, and financial issues are a prime cause of family breakup. Frankly, the immigration aspect of your financial situation is the least of your problems.

You really do need to find a way to increase your income.

Yodrak

So can a co-sponsor be a married couple that files jointly, bringing each individual income over the required amount?

How do you even know what to be sad about yet, SJ?

What *is* your situation? Why don't you start by explaining
1-your income (if low, why)
2-where you live
3-who lives with you
4-tell us about any kids
5-do you have any assets, or, what is the situation with your mom/stepdad? Answer the above questions about them.

and start with that? Where on earth did you get the 115K idea?

My income, $28,000 (if low why) I dont know why, I work as account management for a company, thats what I make.
I live in MI.
I live alone, but I'm taking care of my dying father atm.
I have 3 children, all under 18
I own a pizza shop, that is my assets, but it is currently being sold in conjunction with my divorce. The income from the pizza place will not reflect on my income by the time we can file for a visa.
My mom and stepdad are both retired, bringing in an annual income of about $50K combined.

I am willing to work a second job, but from what I read they would probably not consider a part time job sustainable?

i think that you guys have jumped the boat, my attorney told me, that it depends on if he claimed his three kids or father on his income tax, if he did not, than on his i-34 he doesnt have to claim his kids and they wont count against him. just my two cents, but he should check to see if he claim them on his income tax this year, and then ask a real lawyer!

Well I claim my children....

Thanks, that is more clear. The other question I neglected to confirm is your marital status and what visa you're after.
The non-immigrant K visas use a more nebulous formula than the Immigrant Visa/Adjustment of Status I-864.

Since you claim the kids on your tax returns, I am 90% certain that you need to count them as part of your household. Lucky for you that there is no way to count 'household' on the I-134, but the kids are there nonetheless.
Your financial responsibility then extends to you, your immigrant, 3 kids = 5 people. You know that your income is just under the threshold for that many people.
So you need to increase the income, or show assets. It's not clear to me what you'll retain after the pizza shop gets chopped, but it may be enough. Assets do not count at a one for one $$ basis.

Alternately, if your parent wants to sponsor your fiancee, she needs to have enough income to support her household + the immigrant. Mom + stepdad + immigrant = 3 people. Looks like mom's income may be sufficient then.

My sympathies regarding your dad; it's really good that you are with him now.

Here's a question: this webpage of the poverty guidelines states that is for the use of the I-864. What about for the I-134 for the K1 visa? The reason I ask is because last year I made the 2006 125% income but according to the 2007 guidelines I am short by about $412.00 dollars. So I will have a sponsor who is a married couple who filed jointly but they did make above the 125% poverty line for a family of 5, the 5 being my fiance. This is all so confusing!

your so close to the $29,000 poverty line requirements, i would take my chances, and still apply for her visa, i have been around and it seems to me that it is up to the co or embassy to determine if you can afford your fiancee, and if you truly love this women and can prove it, they might take a chance, but dont give up hope!!! get a co-sponsor!! and go get your women!!!!

If he's under it he should count on being denied. It's the law and if the CO gives her the visa anyway, he'd be breaking the law.

OP, GET A CO-SPONSOR. Don't listen to this guy.

isn't it depedent on the country whether or not they will accept a co-sponsor? Also, i thought the I-864 was replacing the I-134? But they serve the same purpose...that was what i was told.

Sinh & Lien,

Told by who?

- I-134 is used for non-immigrant visas, including the K visas, at the discretion of the consular officer.
- I-864 is used for immigrant visas and adjustment of status. It cannot be used for non-immigrant visas.

Yodrak

My attorney said that if my ex has full custody of the children I do not have to claim them on our visa application.