Help with my co- sponsor / financial questions

[Heatherlee 0]

Sorry, I'm new to this and just beginning the process. My divorce has just become final, and I live in my fathers home, with my 2 children. Up till now I've been a stay at home mom, so no real employment. The only income I receive is child support. My first question is will being unemployed automatically ruin our chances of being approved( I live in US, my fiance lives in UK, and plans to come here.) My father can hopefully be the cosponsor, if he makes enough. Which leads to my other question, I've looked at the guidelines, how many people would be considered part of the household? I live here with my 2 children, so currently it's 3. Would I add my fiance, to make it 4? and what about my father, who owns the house & gets his mail sent here, but doesn't actually reside here, (he lives with his girlfriend..)Would I count him as well? thanks

[KayDeeCee 4,904]

Your father does not live with you and is not your dependent, so he is not part of your household. For you, it would be you, both your kids plus your fiance = 4. For your father, he would need to make enough for himself, any dependents he has plus your fiance. From the info you gave, seems like he would need to make enough for 2.

http://www.uscis.gov/files/form/i-864p.pdf

[Operator 1,927]

Being unemployed would not be reason for denial of your petition. He would have to have enough income to be above 125% of the poverty level considering a family of 5. You and your two kids, your fiancé and himself (+anyone else he legally supports).

Edit:

Or maybe I'm wrong after reading Jay-Kay's post above.

Edited August 27, 2011 by Operator

[KayDeeCee 4,904]

Being unemployed would not be reason for denial of your petition. He would have to have enough income to be above 125% of the poverty level considering a family of 5. You and your two kids, your fiancé and himself (+anyone else he legally supports).

Edit:

Or maybe I'm wrong after reading Jay-Kay's post above.

He doesn't need to include the petitioner and her kids in his household count size unless they are his dependents that he is claiming on his taxes, even if they lived in the same house.

[Operator 1,927]

He doesn't need to include the petitioner and her kids in his household count size unless they are his dependents that he is claiming on his taxes, even if they lived in the same house.

I just re-read the requirements and I was wrong. Sorry for the bad info.

[Heatherlee 0]

thank you so much for your answers, I do hope your right..Legally my father lives here, just not physically & he doesn't claim me or the children as dependents. But does that make him a household of 1? I hope so..thanks

[KayDeeCee 4,904]

thank you so much for your answers, I do hope your right..Legally my father lives here, just not physically & he doesn't claim me or the children as dependents. But does that make him a household of 1? I hope so..thanks

It wouldn't matter if he did actually live in the house with you. You and your children are not his dependents. When acting as your co-sponsor, he would add your fiance to his household size, making it 2. You will each fill out an I-134 and provide supporting documents.

For the K-1 interview you will be using the I-134, but in the AOS stage after you are married, you will use the I-864. The rules for the I-864 are the ones generally used, even for the I-134. The rules for household size are on the bottom left of page 2 here: http://www.uscis.gov/files/form/i-864instr.pdf

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.