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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

angel73
My question what if you dont meet the 2007 poverty guidlines and you have to get a co-sponsor. If Im lacking 2k so my co-sponsor has to make up the 2k or so she have to quality for an income of 2or 3?
YuAndDan
For K-1, K-3 the co-sponsor also has to make 125% poverty line, technically they are considering one or the other sponsor, not both. A non-immigrant visa can only have one sponsor. Later if you still need a Joint-Sponsor for AOS, if the Joint sponsor is a household member they can file a contract betrwwn sponsor (You) and them to make up the difference.
Clarky and Tarah
If you dont meet 125% of the 2007 poverty guidelines you'll have to get a co-sponsor that does. The co-sponsor would have to meet 125% of the poverty guidelines for the number of people in his/her household, as well as your fiance and any children coming along. For example, if your mother is your co-sponsor and lives with your younger sister and your father, she would have to meet 125% of the poverty guidelines for 4 people (your mother + your sister + your father + your fiance). If there are any children coming with your fiance then you would add them to the total.

Also, income and assets can be counted, but if you're using assets you must use 5 times the difference in income if you're a co-sponsor, or 3 times the difference if you're the petitioner. So if your co-sponsor makes $25,000 and the guideline is $30,000, your co-sponsor must have $25,000 in assets (5 x the $5,000 difference).

YuAndDan
QUOTE(Clarky and Tarah @ Aug 12 2007, 07:02 PM) *
If you dont meet 125% of the 2007 poverty guidelines you'll have to get a co-sponsor that does. The co-sponsor would have to meet 125% of the poverty guidelines for the number of people in his/her household, as well as your fiance and any children coming along. For example, if your mother is your co-sponsor and lives with your younger sister and your father, she would have to meet 125% of the poverty guidelines for 4 people (your mother + your sister + your father + your fiance). If there are any children coming with your fiance then you would add them to the total.

Also, income and assets can be counted, but if you're using assets you must use 5 times the difference in income if you're a co-sponsor, or 3 times the difference if you're the petitioner. So if your co-sponsor makes $25,000 and the guideline is $30,000, your co-sponsor must have $25,000 in assets (5 x the $5,000 difference).

Not 5x it is 3x for spouse of a US citizen.

QUOTE
29. Total Value of Assets.
In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The consulates treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.
  • I-134 signed and notarized.
  • Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS
  • Photo copy of IRS form 1040, and W2s for past 3 years
  • Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
  • Photo copies of past 6 months pay stubs up to a few weeks before the interview.
My income was well above 125% povertyline so I did not include any asset data.
pushbrk
QUOTE(YuAndDan @ Aug 12 2007, 04:18 PM) *
QUOTE(Clarky and Tarah @ Aug 12 2007, 07:02 PM) *
If you dont meet 125% of the 2007 poverty guidelines you'll have to get a co-sponsor that does. The co-sponsor would have to meet 125% of the poverty guidelines for the number of people in his/her household, as well as your fiance and any children coming along. For example, if your mother is your co-sponsor and lives with your younger sister and your father, she would have to meet 125% of the poverty guidelines for 4 people (your mother + your sister + your father + your fiance). If there are any children coming with your fiance then you would add them to the total.

Also, income and assets can be counted, but if you're using assets you must use 5 times the difference in income if you're a co-sponsor, or 3 times the difference if you're the petitioner. So if your co-sponsor makes $25,000 and the guideline is $30,000, your co-sponsor must have $25,000 in assets (5 x the $5,000 difference).

Not 5x it is 3x for spouse of a US citizen.

QUOTE
29. Total Value of Assets.
In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The consulates treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.
  • I-134 signed and notarized.
  • Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS
  • Photo copy of IRS form 1040, and W2s for past 3 years
  • Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
  • Photo copies of past 6 months pay stubs up to a few weeks before the interview.
My income was well above 125% povertyline so I did not include any asset data.


Dan,

You said yourself that there is only one sponsor. In the case of a co-sponsor, they aren't sponsoring their spouse, so it is 5 to 1 on the assets. For 3-1 the spouse must be the sponsor.
Clarky and Tarah
QUOTE(angel73 @ Aug 12 2007, 05:17 PM) *
My question what if you dont meet the 2007 poverty guidlines and you have to get a co-sponsor. If Im lacking 2k so my co-sponsor has to make up the 2k or so she have to quality for an income of 2or 3?


Your co-sponsor wouldn't have to make up the 2k. They don't combine both of your incomes. Your co-sponsor would have to make atleast 125% of the poverty guideline for his/her family size including your fiance and any children coming along.

I forgot to add that earlier.
ara
This is kind of confusing. So if you need a co-sponsor, for example, it is just one person in the household themselves, they have to make 125% above poverty guidelines, to support a household of 2 people themselves and your spouse, is that right? Do you still file all your info and W2's for the past three years if you didn't make enough for your household? or do you just file the co-sponsor information?
Thanks.
pushbrk
QUOTE(ara @ Aug 13 2007, 07:04 AM) *
This is kind of confusing. So if you need a co-sponsor, for example, it is just one person in the household themselves, they have to make 125% above poverty guidelines, to support a household of 2 people themselves and your spouse, is that right? Do you still file all your info and W2's for the past three years if you didn't make enough for your household? or do you just file the co-sponsor information?
Thanks.


You ned to file your own form and supporting documentation as well as that of the joint sponsor. Yes, if the joint sponsor is a household of one, they must meet the guidelines for a household of two.
Yodrak
angel73,

If your financial resources are not sufficient to sponsor your fiance for his K1 visa then he needs to find another sponsor who does have sufficient resources. Someone who has a close enough relationship that they will be considered to be a reliable sponsor.

Whoever the sponsor is, they need to meet the poverty guideline for themself, their dependents, and the immigrant who they propose to sponsor. (And other immigrants who they have sponsored, if any.)

Yodrak

QUOTE(angel73 @ Aug 12 2007, 05:17 PM) *
My question what if you dont meet the 2007 poverty guidlines and you have to get a co-sponsor. If Im lacking 2k so my co-sponsor has to make up the 2k or so she have to quality for an income of 2or 3?
angel73
Thanks everyone for answering my question, but what if im qualify for this year 2007 can I use that, as long as I show my 6 months of check stubs or w2 form cause i think they look at your grooss pay not the net, if Im wrong please let me know. The other question is what if my fiance gets his visa before i can get my w2 form, will they be willing to let me use my 6 months of check stubs instead.
pushbrk
QUOTE(angel73 @ Aug 13 2007, 08:58 PM) *
Thanks everyone for answering my question, but what if im qualify for this year 2007 can I use that, as long as I show my 6 months of check stubs or w2 form cause i think they look at your grooss pay not the net, if Im wrong please let me know. The other question is what if my fiance gets his visa before i can get my w2 form, will they be willing to let me use my 6 months of check stubs instead.


Yes, you can annualize this year's income by simply doing the arithmetic. Provide pay stubs and employment letter as evidence. If the pay stubs show the year to date income, then a couple recent ones dated near the time the I-134 is notarized will do nicely.
angel73
First of all I want to say thank you for answering my questions, that means a lot to me. But my question is that my employment of letter is less than what they ask for of a family of 3 which is $21,462. Im lacking $922 but, with my gross pay, I make more that what my employment of letter says. Im above the poverty guidlines that is with my child support included. So do i need to show my check stubs if I do not have my w2 form in time. With my year to date on my check stubs I do make the above poverty guidlines. I hope someone can help me with this. This is very nerve wrecking . Thank you so much.
pushbrk
QUOTE(angel73 @ Aug 21 2007, 06:07 PM) *
First of all I want to say thank you for answering my questions, that means a lot to me. But my question is that my employment of letter is less than what they ask for of a family of 3 which is $21,462. Im lacking $922 but, with my gross pay, I make more that what my employment of letter says. Im above the poverty guidlines that is with my child support included. So do i need to show my check stubs if I do not have my w2 form in time. With my year to date on my check stubs I do make the above poverty guidlines. I hope someone can help me with this. This is very nerve wrecking . Thank you so much.


If your W2 or year to date pay stubbs show enough and your employer letter doesn't, then don't use the employer letter. Don't use anything that won't help make your case.
angel73
QUOTE(pushbrk @ Aug 21 2007, 08:15 PM) *
QUOTE(angel73 @ Aug 21 2007, 06:07 PM) *
First of all I want to say thank you for answering my questions, that means a lot to me. But my question is that my employment of letter is less than what they ask for of a family of 3 which is $21,462. Im lacking $922 but, with my gross pay, I make more that what my employment of letter says. Im above the poverty guidlines that is with my child support included. So do i need to show my check stubs if I do not have my w2 form in time. With my year to date on my check stubs I do make the above poverty guidlines. I hope someone can help me with this. This is very nerve wrecking . Thank you so much.


If your W2 or year to date pay stubbs show enough and your employer letter doesn't, then don't use the employer letter. Don't use anything that won't help make your case.


I really dont understand so I do not need to show my employment letter at all. I need to show my check stubs or my w2 form? But what if they ask for my employment letter what do he tell them.
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