Confused re co sponsor affidavit of support. Please help

[jsj1992 3]

Hey everyone! My husband (USC) and I with my daughter (from a previous relationship) are about to file for AOS, EAD and AP. Unfortunately, when we got his tax return forms this year, his annual income was below the 125% requirement. It was due to him moving back to his hometown so that we will be living close to his family (which are all here), it made him quit his job and was jobless for a couple months as it was winter when he moved back here. We didn't need a co sponsor for our K1 visa process and now we were both lost on what to do. We were thinking on having his father as our co sponsor. His dad has only 2 kids including him which are both over 21 years old. He now only lives with his wife, my husband's stepmom. My question is that, what will then be his dad's household size? Is it him, his wife, his 2 kids and me and my k2 (total of 6)? Or will it only be him, his wife, me and my k2 (total of four)?

Also, what will be the requirements for the co sponsor?

I'm just so confused and i hope someone can help me. Thanks in advance, guys!!

[aleful 1,905]

hi

it depends, are his children still dependents and included in his taxes? if not then no, his children aren't included

the co sponsor send the same thing as the sponsor, plus proof of citizenship or LPR

[KayDeeCee 4,891]

First off, what is his current income? Secondly, is he self-employed or an employee? If his current income meets the requirement, then he needs to provide proof of his current annual income with a letter from employer and/or recent pay stubs. Should not need a joint sponsor that way.

If he still wants to provide one, then he can of course. The household size for the joint sponsor would be himself, spouse, anyone he claims on his taxes, anyone he sponsored before, plus the intending immigrants. If he does not claim his own kids as dependents any longer, then they are not counted.

[jsj1992 3]

hi

it depends, are his children still dependents and included in his taxes? if not then no, his children aren't included

the co sponsor send the same thing as the sponsor, plus proof of citizenship or LPR

My husband said they aren't his dad's dependents anymore. He's 30 and the other one is 27. So then i guess its just his dad, stepmom, and me and my k2. Thanks!

First off, what is his current income? Secondly, is he self-employed or an employee? If his current income meets the requirement, then he needs to provide proof of his current annual income with a letter from employer and/or recent pay stubs. Should not need a joint sponsor that way.

If he still wants to provide one, then he can of course. The household size for the joint sponsor would be himself, spouse, anyone he claims on his taxes, anyone he sponsored before, plus the intending immigrants. If he does not claim his own kids as dependents any longer, then they are not counted.

Oh, so his tax return doesn't matter as long as his current income can reach the annual income requirement? He just started a new job as an executive chef at a new restaurant 2 weeks ago. Will that be ok that he just started a new job? If it is, then he will surely be able to reach the 125% for this year. Do you think that would be accepted?

[bibine 0]

I don't know ask a lawyer

[KayDeeCee 4,891]

My husband said they aren't his dad's dependents anymore. He's 30 and the other one is 27. So then i guess its just his dad, stepmom, and me and my k2. Thanks!

Oh, so his tax return doesn't matter as long as his current income can reach the annual income requirement? He just started a new job as an executive chef at a new restaurant 2 weeks ago. Will that be ok that he just started a new job? If it is, then he will surely be able to reach the 125% for this year. Do you think that would be accepted?

Since it is that new and he only started 2 weeks ago, I would still go ahead and supply the documentation for the joint sponsor.