K-2 affidavit of support

[JessicaS 0]

Hi there,

I have a question I'm hoping someone could answer. My husband (who came here on a K-1 and we married) 2 children were granted K-2 visas afterwards on the 'following to join' benefits. We are now on the verge of submitting their AOSs. The issue is that their original sponsor, my mother's husband is no longer in the picture (nasty divorce). Will a change of sponsor cause a problem? Can my husband and I are serve as sponsors? We have the income to do so.

Thanks,

Jessica

[JessicaS 0]

I should add that our income from the last three taxes years would not cover it (we lived abroad and the USCIS would not allow my salary, which was from a British organization (I'm the U.S. citizen) to be used for my husband's sponsor on the K-1 (my dad sponsored him)

[VanessaTony 3,567]

Change of sponsor isn't a problem at all.

It isn't your "last 3 years" taxes that determine if you're eligible. It's your CURRENT income. If you CURRENTLY earn over 125% of the poverty for your household size you're fine. The K1 should be able to assist if he's working by signing and I-864A with your I-864 (you're the primary so you are the I-864) to combine his income with yours.

[JessicaS 0]

Hi all,

K-2 folks, hope you can help.

My stepkids came in on K-2 visas, using the follow to join benefit.

On my husband's initial K-1 application (we are married), the children were listed, BUT on his I-864 affidavit of support form they were not. My then stepfather signed the I-864 for them when they were applying for their K-2s, but at the embassy at the time of handing in their application the embassy officer gave back the I-864 form but kept all others.

As we are now submitting for their AOS, the stepfather is no longer around. Here's the question. Do they even NEED to submit this form? If so, can the sponsor change? Can it be me and my husband (he was 'supported') by my Dad.

Any words of wisdom would be much appeciated.

Thank you,

Jessica

[Kathryn41 3,205]

duplicate topics have been merged. It isn't necessary to repost the same question - just add to the existing topic and that will keep it current so more people can see it and post.

[JessicaS 0]

Vanessa&Tony, thank you for taking the time to reply! I feel much better. We definitely together are 125% above poverty line so it should work.

Thanks again!

Jessica

[Gary and Alla 3,694]

Hi there,

I have a question I'm hoping someone could answer. My husband (who came here on a K-1 and we married) 2 children were granted K-2 visas afterwards on the 'following to join' benefits. We are now on the verge of submitting their AOSs. The issue is that their original sponsor, my mother's husband is no longer in the picture (nasty divorce). Will a change of sponsor cause a problem? Can my husband and I are serve as sponsors? We have the income to do so.

Thanks,

Jessica

Change of co-sponsor is not a problem. If your husband is now a legal resident and has a job then YES you can combine your incomes as sponsors for the children.

Change of sponsor isn't a problem at all.

It isn't your "last 3 years" taxes that determine if you're eligible. It's your CURRENT income. If you CURRENTLY earn over 125% of the poverty for your household size you're fine. The K1 should be able to assist if he's working by signing and I-864A with your I-864 (you're the primary so you are the I-864) to combine his income with yours.