K2 and 134 question; need help with clarification

[D_G 0]

Hey all - this is more of an advice question; I've done my research and read up on the various topics here about the 134, co-sponsorship, whether it's legally binding, etc.

My circumstances are a bit weird - in other words it's probably the *worse* time for me to fill this info out, and I'm not sure the best way of handling this other than asking my parents to sponsor my fiance.

When we sent in the original request for k1 I was a fulltime employee of a 120k job, though alimony and child support took a grand total of 51k a year, and I had 30k in the bank. In March of this year I lost my job and, since moving to be near my child, fulltime positions aren't as they were in the metro area for what I do - but have been going back to the freelance projects (I was a computer consultant for 10 years). Since being laid off, my 30k savings have nearly all gone to pay alimony and bills. Under my accountant's suggestion even while being self-employed I've taken unemployment during this time - so already I'm a 'public charge' -- so obviously I couldn't claim sponsorship of my fiance as is?

What is confusing as well - if I showed my last year taxes filed as it states as self-employed sponsors to do - I'm still listed as a fulltime employee.

So I'm assuming that in my case, having someone else sponsor is much better than myself?

[brlukath 1]

You need a sponsor. Both I-134 and I-864 ask for your current annual income. Using your old tax returns are going to be useless once you disclose that your current income is $0.

[Gary and Alla 3,694]

Hey all - this is more of an advice question; I've done my research and read up on the various topics here about the 134, co-sponsorship, whether it's legally binding, etc.

My circumstances are a bit weird - in other words it's probably the *worse* time for me to fill this info out, and I'm not sure the best way of handling this other than asking my parents to sponsor my fiance.

When we sent in the original request for k1 I was a fulltime employee of a 120k job, though alimony and child support took a grand total of 51k a year, and I had 30k in the bank. In March of this year I lost my job and, since moving to be near my child, fulltime positions aren't as they were in the metro area for what I do - but have been going back to the freelance projects (I was a computer consultant for 10 years). Since being laid off, my 30k savings have nearly all gone to pay alimony and bills. Under my accountant's suggestion even while being self-employed I've taken unemployment during this time - so already I'm a 'public charge' -- so obviously I couldn't claim sponsorship of my fiance as is?

What is confusing as well - if I showed my last year taxes filed as it states as self-employed sponsors to do - I'm still listed as a fulltime employee.

So I'm assuming that in my case, having someone else sponsor is much better than myself?

Maybe. Lets consider all though, and see.

1. They go by gross income. Alimony and child support do not count against you in income calculations.

2. Unemployment compensation is NOT welfare, is not a means tested benefit and you are NOT a public charge. There is not and never will be any restriction against YOU, the USC, collecting welfare, though it would not look good for an affidavit. At any rate, YOU are not on welfare and NOT a public charge.

3. Unemployment income IS income and "counts" on an I-134. The problem is that it is not permanent and I do not know of any cases where an applicant qualified solely on unemployment. We keep looking for that to happen, but not yet that I am aware of (and I am not aware of all cases by any means)

4. Your need is to meet the guidelines for your family size. You, your fiancee, your children for which you pay child support, and her children (since you mention a K-2 I presume she has one or more children) IF your self employment GROSS income exceeds this amount and can be documented, you do not need a co-sponsor.

5. If your self employment income does not meet this guideline, or cannot be documented then yes, you would need a co-sponsor.

6. Even though you pay alimony, your ex-wife does NOT count in your family size and she is NOT a dependent. Alimony is a "debt" so to speak, and is not counted against you any more than a car payment or house payment.

7. Children ARE counted in family size even if your ex claims them as dependents on her income tax and you do not UNLESS they are over age 18 and the child support is an arrearage, in which case it is a debt, just like alimony.

8. They go by current income more than last year's. You will have to show last years tax return. Just be sure you enter the correct iinformation for your current employment situation on the I-134. You will have to verify your current income. The best way for self employed is a bank LETTER which states deposits in the last 12 months.