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Bill in Seattle

I-864 joint sponsorship

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Hi there.

I'm a divorced man and self-employed, and just realized that my income for last year after deductions is insufficient to meet the criteria for an I-864. I thought it would be OK, because I assumed that since I can't claim my kids as dependents on my taxes, my household would consist of only 2 people. However, it turns out that my kids are dependents whether I get to file that way with the IRS or not. I took a risk a couple years ago and started a business, which was my only option because a) nobody was hiring at the time, and b) I would have lost significant custodial time with my small children if I had an inflexible work schedule. As is often the case, it took some time to start making decent money. Now I'm doing alright -- I should easily pass the income requirements for this year. But they want last year's tax return, and that just isn't sufficient, and I can't afford not to take the deductions, as I have to pay child support and that would be too much of a burden.

So, my question is whether it's going to expose my fiancee to extra scrutiny if I use a joint sponsor, such as a parent. My parents are fairly well-to-do, and I was hoping that might give the consular official some assurance, but I have read that where one party's income is low, it sometimes raises eyebrows. Would it be helpful to include this year's quarterly taxes along with my own I-864?

Maybe I'm being a little overly concerned, but having been through a divorce where an official takes some 15 minutes to decide your fate, I can't help but sweat a little over the interview and I-864 issue. It just fills me with a sense of great anxiety, as I've finally found someone I hope to have a good marriage with (this time I really want it to work), and I'd be heartbroken if the government turned her away because of my own post-divorce struggles to get back on my feet and maintain a relationship with my kids. So, will it be an issue if one of my parents is a joint sponsor? Of course, I'd prefer to avoid that, but I'm afraid she'll be turned away if all I have to show is a few quarters of sufficient income.

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Filed: Country: Mexico
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Hi there.

I'm a divorced man and self-employed, and just realized that my income for last year after deductions is insufficient to meet the criteria for an I-864. I thought it would be OK, because I assumed that since I can't claim my kids as dependents on my taxes, my household would consist of only 2 people. However, it turns out that my kids are dependents whether I get to file that way with the IRS or not. I took a risk a couple years ago and started a business, which was my only option because a) nobody was hiring at the time, and b) I would have lost significant custodial time with my small children if I had an inflexible work schedule. As is often the case, it took some time to start making decent money. Now I'm doing alright -- I should easily pass the income requirements for this year. But they want last year's tax return, and that just isn't sufficient, and I can't afford not to take the deductions, as I have to pay child support and that would be too much of a burden.

So, my question is whether it's going to expose my fiancee to extra scrutiny if I use a joint sponsor, such as a parent. My parents are fairly well-to-do, and I was hoping that might give the consular official some assurance, but I have read that where one party's income is low, it sometimes raises eyebrows. Would it be helpful to include this year's quarterly taxes along with my own I-864?

Maybe I'm being a little overly concerned, but having been through a divorce where an official takes some 15 minutes to decide your fate, I can't help but sweat a little over the interview and I-864 issue. It just fills me with a sense of great anxiety, as I've finally found someone I hope to have a good marriage with (this time I really want it to work), and I'd be heartbroken if the government turned her away because of my own post-divorce struggles to get back on my feet and maintain a relationship with my kids. So, will it be an issue if one of my parents is a joint sponsor? Of course, I'd prefer to avoid that, but I'm afraid she'll be turned away if all I have to show is a few quarters of sufficient income.

It is perfectly fine to use a co-sponsor if you need one, and it will not expose your fiancee to extra scrutiny.

However, if this is for the K-1 interview, you and your co-sponsor will be filling out the I-134, not the I-864. The I-864 will come later after you are married and your new bride is filing for adjustment of status.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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