1-134 co-sponsor and retirement income

[TaiwanLover 0]

I know that someone has probably answered this question before, but the search function doesn't seem to be working for some reason.

My income is very close to meeting 100% of poverty, but just a hair short. My grandfather has offered to co-sponsor. He draws retirement and social security, but his income combined with mine is far more than what is needed to meet poverty guidelines. Does anyone know if retirement and social security income are acceptable income sources? This is really my only option here, so I've got my fingers crossed that someone has some good news for me! Thanks!

[Hell0W0rld 10]

income is income, it's going to work...

[VanessaTony 3,567]

I know that someone has probably answered this question before, but the search function doesn't seem to be working for some reason.

My income is very close to meeting 100% of poverty, but just a hair short. My grandfather has offered to co-sponsor. He draws retirement and social security, but his income combined with mine is far more than what is needed to meet poverty guidelines. Does anyone know if retirement and social security income are acceptable income sources? This is really my only option here, so I've got my fingers crossed that someone has some good news for me! Thanks!

It should be fine but please bear in mind that its' 125% of the poverty line, not 100% and it has to be for the household size. http://www.uscis.gov/files/form/i-864p.pdf this is the poverty line info so your grandpa needs to earn a minimum of $18,212 if his household is 2 (if he's in Alaska or Hawaii it's higher).

Also, his income isn't COMBINED with yours, he needs to earn the minimum himself, the instructions for the 864 (which isn't what you're completing but has the info explained better) says "A co-sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor."

Edited February 2, 2010 by Vanessa&Tony

[TaiwanLover 0]

This all seems a little bit confusing. So will my income not be counted at all? That doesn't seem to make any sense. I thought the point of a co-sponsor was to make up the difference for what the petitioner can't take care of himself/herself. Also, the K1 visa income requirement should be 100% of poverty from what I've read, as the 125% only applies to K3 visa applicants or immigrant visa applicants (since the K1 is technically classified as a non-immigrant visa). In this case, am I also counted as part of my grandfather's household, or not (since I'm not his dependent)? My grandmother is in assisted living, so she's technically a dependent. In this case would his total household size be counted as 3, then? (My grandfather, his wife and my fiance?) If that's the case, then his income is enough. Any clarification is much appreciated! Thanks!

[Moonandstar 6]

That doesn't seem to make any sense.

You're right, but it's the truth.

I thought the point of a co-sponsor was to make up the difference for what the petitioner can't take care of himself/herself. Also, the K1 visa income requirement should be 100% of poverty from what I've read, as the 125% only applies to K3 visa applicants or immigrant visa applicants (since the K1 is technically classified as a non-immigrant visa). In this case, am I also counted as part of my grandfather's household, or not (since I'm not his dependent)? My grandmother is in assisted living, so she's technically a dependent. In this case would his total household size be counted as 3, then? (My grandfather, his wife and my fiance?) If that's the case, then his income is enough. Any clarification is much appreciated! Thanks!

No, your grandfather still has to make all of the income himself, and it must be 125%.

You say that's for the K-3. but the K-3 is also a non-immigrant visa. 100% is only if you are active duty military.

I believe that the household size would be 3 (if your grandmother and grandfather are married, then that's 2 regardless of whether or not she's dependent).

I'm also having my grandfather (who is retired as well) cosponsor for me, so we should keep in touch about getting financial info from them in order. Just a thought.

[Hell0W0rld 10]

This all seems a little bit confusing. So will my income not be counted at all? That doesn't seem to make any sense. I thought the point of a co-sponsor was to make up the difference for what the petitioner can't take care of himself/herself. Also, the K1 visa income requirement should be 100% of poverty from what I've read, as the 125% only applies to K3 visa applicants or immigrant visa applicants (since the K1 is technically classified as a non-immigrant visa). In this case, am I also counted as part of my grandfather's household, or not (since I'm not his dependent)? My grandmother is in assisted living, so she's technically a dependent. In this case would his total household size be counted as 3, then? (My grandfather, his wife and my fiance?) If that's the case, then his income is enough. Any clarification is much appreciated! Thanks!

Co-Sponsor is not to make up the difference in the income,　Ｂｏｔｈ　ｙｏｕ　ａｎｄ　ｙｏｕｒ　ｇｒａｎｄｆａｔｈｅｒ　ｍｕｓｔ　ｆｉｌｌ　ｏｕｔ　Ｉ－１３４　ｆｏｒｍ，　ａｎｄ　ｂｏｔｈ　ａｒｅ　２　ｄｅｐｅｎｄｅｎｔ　ｎｏｔ　３，　ｙｏｕ　ａｒｅ　ｎｏｔ　ｃｏｕｎｔｅｄ　ｏｎ　ｈｉｓ　Ｉ－１３４　ｂｅｃａｕｓｅ　ｈｅ　ｄｉｄ　ｎｏｔ　ｃｌａｉｍ　ｙｏｕ　ａｓ　ｄｅｐｅｎｄｅｎｔ，　ａｎｄ　ｏｎ　ｙｏｕｒ　Ｉ－１３４　ｉｓ　ｔｗｏ　ａｓ　ｗｅｌｌ　ｂｅｃａｕｓｅ　ｙｏｕ　ｄｉｄｎ＇ｔ　ｃｌａｉｍ　ｙｏｕｒ　ｇｒａｎｄｆａｔｈｅｒ　ｔｏ　ｂｅ　ｄｅｐｅｎｄｅｎｔ． if your income does not meet 125%, then your grandfather's income　ＭＵＳＴ　ｍｅｅｔ　ｔｈｅ　ｉｎｃｏｍｅ，ｆｏｒ　２００９　ｔｈｅ　ｐｏｖｅｒｔｙ　ｇｕｉｄｅｌｉｎｅ　ｌｅｖｅｌ　ｉｓ　＄18,213　ｆｏｒ　２　ｐｅｏｐｌｅ．　Ｔｅｃｈｎｉｃａｌｌｙ　ｉｔ＇ｓ　ｏｎｌｙ　１００％　ｆｏｒ　ｔｈｅ　Ｋ－１　ｂｕｔ　ｓｉｎｃｅ　ａｆｔｅｒ　ｅｎｔｒｙ　ｉｎｔｏ　ｔｈｅ　ＵＳ　ａｎｄ　ｙｏｕ　ｈａｖｅ　ｔｏ　ｆｉｌｅ　ｆｏｒ　ａｄｊｕｓｔｍｅｎｔ　ｏｆ　ｓｔａｔｕｓ　ｗｈｉｃｈ　ｉｓ　１２５％　ｔｈｅ　ｃｏｎｓｕｌａｔｅｓ　ｔｈｉｎｋｉｎｇ　ｉｓ，　ｉｆ　ｙｏｕ　ｃａｎ＇ｔ　ｍｅｅｔ　ｔｈｅ　ａｄｊｕｓｔｍｅｎｔ　ｏｆ　ｓｔａｔｕｓ　ｉｎｃｏｍｅ，　ｗｈｙ　ｂｏｔｈｅｒ　ｌｅｔｔｉｎｇ　ｙｏｕ　ｐｒｏｃｅｅｄ　ｗｉｔｈ　ｔｈｅ　Ｋ－１　ｔｈｕｓ　１２５％。　ｈｏｐｅｓ　ｔｈｉｓ　ｈｅｌｐｓ，　ｓｏｒｒｙ　ａｂｏｕｔ　ｔｈｅ　ｆｏｎｔ，　ｍｙ　ｃｏｍｐｕｔｅｒ　ｉｓ　ａｃｔｉｎｇ　ｓｔｕｐｉｄ　ａｇａｉｎ．．

[Moonandstar 6]

Oh. Guess there's alot out there that i just haven't had to worry about knowing then.

[TaiwanLover 0]

This is from the state department website FAQ:

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

Now, I know that these foreign service officers wield a certain degree of power, but the law is the law, isn't it? As it stands, my grandfather won't have any problem meeting the 100% of poverty requirement, but if it's calculated in the screwed up way you said it is, then he wouldn't meet the 125% requirement. I suppose it comes down to the embassy or consulate, but I've heard from a number of people that AIT isn't overly zealous in this area, so I suspect we'll be alright. By the time we apply for AOS I'll be graduated and employed full time, so we won't have a problem proving 125% income by that time. We just need to get past this initial K1 interview hurdle! Since I don't have any other choices at this point in time, we'll just have to make a go of it and hope for the best!

Edited February 2, 2010 by TaiwanLover

[Anh map 2,098]

Check with the American Institute about the 100% - 125% question. Some consulates apply 100% for the I-134. Many use the 125% requirement for K visas as the I-864 used at Adjustment of Status requires 125% of the poverty level income.

Grandfather's income must stand on its own for the I-134. You both would complete an I-134 and include all the appropriate documentation.

Retirement and Social Security income can be used.

[TaiwanLover 0]

Okay, I get it. The i-134 has no provision for a joint sponsor, so technically my grandfather would simply be the sponsor in place of me. Turns out his income is higher than I was thinking it was, so he does meet the 125% poverty threshold without a problem. The only other question I have is about proof of income. Would a statement from his bank showing the deposits over the past year be adequate? Or detailed statements showing the SS and retirement deposits? Just wanna make sure to include adequate evidence. I don't want to take any chances that this could get denied or delayed! Thanks!

[VanessaTony 3,567]

Okay, I get it. The i-134 has no provision for a joint sponsor, so technically my grandfather would simply be the sponsor in place of me. Turns out his income is higher than I was thinking it was, so he does meet the 125% poverty threshold without a problem. The only other question I have is about proof of income. Would a statement from his bank showing the deposits over the past year be adequate? Or detailed statements showing the SS and retirement deposits? Just wanna make sure to include adequate evidence. I don't want to take any chances that this could get denied or delayed! Thanks!

You MUST complete the form yourself as well and provide the evidence for yourself as well as your grandfather. Your grand-father is considered a CO-sponsor.

Please read the form instructions. All he needs is a letter from the bank stating how long hes had the account, the amount deposited in the last year, and current balance. It also suggests a letter from work but as he's not working that's not needed.

They don't care where the money is from but they care he has the income.

[TaiwanLover 0]

Thanks for the info. I was just planning on submitting a tax transcript along with my own affidavit, and then a bank letter with the required info along with his affidavit. Given those requirements, I'm sure it won't be a problem at all!