Sponsor question...and other questions

[FrozenGlitter 1]

Hi, in a few months I'll be petitioning for my fiance from the UK to come here, and I had a few questions, mostly about the sponsoring part.

My job history has been very spotty, and in fact I was unemployed for several years while in a previous marriage and taking care of my kids. In fact I'm currently unemployed, though don't expect to be when the time comes for me to file the petition. I'm aware that I can have someone else sponsor him, if my income doesn't meet the income guidelines, but the problem is I don't believe I have any relatives in a position to sponsor him either!

What does a person in this situation do? Can I get multiple sponsors? Would having a certain amount of money in the bank supersede my income? If I'm making enough at the time I apply, is that all that matters, despite my not having tax forms for previous years' income? And at what point do I need to prove I make enough: when I file the I129, when he has his interview, or after we're married and he's adjusting his status?

In addition, when it says you have to earn over the poverty line, is that for a family of two (just me and him), or the full family of 4 that we will be? Can I include the child support from my ex as income for this?

Does anyone ever get denied their AOS because of inability to find a sponsor? Would he have to leave if that was the case, even though we'd already be married? Also, would his ability to earn more money than me (he has a good job currently and his work exp. from the UL would likely land him a decent job over here pretty quickly)be a positive factor despite my lack of money?

He is in fact allowed to remain in the US while the AOS is pending, right?

Thank you for your time and answers. I'm sure I'll have tons more in the weeks to come!

[Que Saudade 284]

Your affidavit of support will be needed once the I-129F petition is approved. You will send your I-134 with necessary documents after that time. Your fiancé will need that for the K1 interview. So since you are preparing to file in a couple of months (I will assume 2) then you have anywhere between 6-8 months before approval, this gives you easily 6+ months to get a job and be your own sponsor. (as long as you meet the Poerty guidelines for your household) Here is the PDF for those guidelines http://www.uscis.gov...form/i-864p.pdf

Good Luck and I hope it all works out for you!

Edited September 1, 2012 by Que Saudade

[FrozenGlitter 1]

Thanks...still curious about the household size though, is it 2 (just me and him since my ex pays child support for my kids and the kids aren't my fiance's) or 4 (because there will be 4 of us living here when he moves here)? And does the child support count towards income?

Has anyone heard of a spouse being denied AOS due to income, and if so do they get sent back to their country? Is there any loophole at all for not earning enough and not being able to find an adequate sponsor? (My fiance has no assets).

[Penguin_ie 5,997]

It's 4, because minor kids count. I think child support counts, but it may depend on the specifics in the divorce settlement (for example if the child support stops if you re-marry, it won't count).

Yes, the financial support is crucial and you will not be approved for a K1, or later AOS, without it. Now, if you get approved for the K1, he comes here and married you, then you loose your job, you can delay filing Adjustment of Status. He will be out of status and cannot work, so it is kind of self defeating, but he is very unlikely to be sent back unless he comes to the attention of police.

Remember a co-sponsor need not be a close relatives- ask far away relatives, friends, neighbours, co-workers, church family....