student receving unemployment & foodstamp benefits will it affect the k1 visa

[d and c 2]

Hello my VJ friends,

My significant other and I have decided to apply for the k-1 visa. However, I am a full-time university student but I am currently on unemployment benefits. I have two children who aren't the finance's children and I am on foodstamp and medical benefits. Also, I have already asked my brother to be the financial support person which he has already agreed to. How will this affect me applying for him to come into the USA?

Any advice will be appreciated!

[TBoneTX 43,059]

*** Thread shifted from K-1 Case Progress to K-1 Process. ***

[Altair17 9]

yes it will affect it, you're receicing a benefit that will likely extend to your family as well, and that is exaclty what US government is trying to avoid; you need to either a) graduate, get a good job, file taxes for 2-3 years with steady income and then file for K1, or b) go to Ghanna, marry her, come back, file CR1, get a sponsor (and yes, sponor needs to cover 125% of poverty level for him, you, your kids, your future wife/her kids, and the rest of his family, hopefully your brother is a rich man)

btw, u have almost full timeline? is this for a different person or you're not talking K1?

Edited December 8, 2012 by Altair17

[N-o-l-a 7,167]

yes it will affect it, you're receicing a benefit that will likely extend to your family as well, and that is exaclty what US government is trying to avoid; you need to either a) graduate, get a good job, file taxes for 2-3 years with steady income and then file for K1, or b) go to Ghanna, marry her, come back, file CR1, get a sponsor (and yes, sponor needs to cover 125% of poverty level for him, you, your kids, your future wife/her kids, and the rest of his family, hopefully your brother is a rich man)

btw, u have almost full timeline? is this for a different person or you're not talking K1?

You are aware that the beneficiary and intending immigrant can not receive medicaid and foodstamps?

Public assistance to the petitioner is not a reason in and of itself to deny a petition. A co-sponsor is most likely required, though.

However, as has been shown in some other cases here, a co-sponsor is more readily accepted in a I-130/CR1 case.

[N-o-l-a 7,167]

You are aware that the beneficiary and intending immigrant can not receive medicaid and foodstamps?

Public assistance to the petitioner is not a reason in and of itself to deny a petition. A co-sponsor is most likely required, though.

However, as has been shown in some other cases here, a co-sponsor is more readily accepted in a I-130/CR1 case.

I take what I said back, it appears in certain conditions and states that can happen.

[d and c 2]

No I haven't started to file for him yet.

[Altair17 9]

in other word government wants to make sure that your future husband does not becomes a public burnen (collecting food stamps is the most common example, but it also includes rent assistance, social security, disability, public health insurance, etc) and wants YOU to show that either you make enough money to prevent this from happening (thus 125% poverty level for 2) or in some cases you're allowed to get a sponsor (your brother) to become your warrant: in case your husband collects those benefits your brother will have to repay that money or face IRS problems.

What makes this situation bad you're receiving those benefits, and if I was the officer deciding this case I would not even look at sponsor documents and deny the petition; not sure how tough Ghana is but someone was jsut declined in Italy and their case wasnt as complex. Lastly your brother needs to make enough money to show 125% poverty level income for all dependants involved

Edited December 8, 2012 by Altair17

[Altair17 9]

see http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/

[Villanelle 4,121]

Theres a lot of conflicting information here but the bottom line is when you file for the K1 visa you need to fill out the 134 affidavit. If your income is not enough you can submit a co-sponsor. The problem is not all embassy's will accept co-sponsors with the 134. Its at the discretion of the embassy. So do an online search for the embassy you will be using and see what kind of results you get. Have people reported they have typically been denied there with co-sponsors on the 134 or not? If so then the K1 route with a co-sponsor wont work.

If you go the spousal visa route you do not use the 134 affidavit, you use the 864, in which co-sponsors are allowed (no exceptions anywhere)

So you need to do some research, because if you file with a co-sponsor on a 134 in a location that typically denies co-sponsors, you just wasted a great deal of time and energy on a petition thats most likely going to be denied. Leaving you with no other choice then to get married and pursue the spousal route, whereas if you were informed, you could have started that route at the beginning.

[tru_loves_journey 117]

Hello my VJ friends,

My significant other and I have decided to apply for the k-1 visa. However, I am a full-time university student but I am currently on unemployment benefits. I have two children who aren't the finance's children and I am on foodstamp and medical benefits. Also, I have already asked my brother to be the financial support person which he has already agreed to. How will this affect me applying for him to come into the USA?

Any advice will be appreciated!

The US Citizen and their children CAN accept government benefits but the intending immigrant CAN NOT. Being employed isn't required either. Get a Co Sponsor that earns well over the required amount to sponsor for the number of people in your household and you should be fine. If the immigrants country doesn't accept a co sponsor then an approval probably won't happen. From what I read here on VJ, Ghana does accept Co Sponsors. Good Luck

Check poverty guidelines here http://www.uscis.gov...00045f3d6a1RCRD

Edited December 8, 2012 by tru_loves_journey

[Cathi 5,610]

yes it will affect it, you're receicing a benefit that will likely extend to your family as well, and that is exaclty what US government is trying to avoid; you need to either a) graduate, get a good job, file taxes for 2-3 years with steady income and then file for K1, or b) go to Ghanna, marry her, come back, file CR1, get a sponsor (and yes, sponor needs to cover 125% of poverty level for him, you, your kids, your future wife/her kids, and the rest of his family, hopefully your brother is a rich man)

btw, u have almost full timeline? is this for a different person or you're not talking K1?

it doesn't effect it as long as the intending immigrant does not apply for benefits after he is here, and as long as there is a qualified co-sponsor who is willing to sign the affidavit of support. Whether or not the consulate accepts a co sponsor in this consulate I do not know, some do not. Your comment is more passing judgement and guessing as opposed to the truth. If you were to pay attention and actually read the boards here people on public assistance apply on behalf of their fiance/spouses every day with the visas being granted.The US citizen and children CAN accept public benefits, the immigrant cannot.

[d and c 2]

Thanks so very much my dear VJ friends. I'll research about wether Ghana accepts the affidavit of support form.,I haven't even file yet because I, want to make sure I'm doing the right thing.

Thanks everyone!

[KayDeeCee 4,891]

yes it will affect it, you're receicing a benefit that will likely extend to your family as well, and that is exaclty what US government is trying to avoid; you need to either a) graduate, get a good job, file taxes for 2-3 years with steady income and then file for K1, or b) go to Ghanna, marry her, come back, file CR1, get a sponsor (and yes, sponor needs to cover 125% of poverty level for him, you, your kids, your future wife/her kids, and the rest of his family, hopefully your brother is a rich man)

btw, u have almost full timeline? is this for a different person or you're not talking K1?

A co-sponsor/joint sponsor does NOT sponsor the USC and their children. They are agreeing to sponsor the foreign fiance(e)/spouse. They need to make 125% for their own household size plus the intending immigrant. They do not sponsor the rest of anyone's family. The only time a co/joint sponsor needs to include the USC or the USC's children is if they support them and claim them on their own taxes. In this case her brother would need to meet the 125% requirement for himself, his spouse(if married), any minor children he may have, any others he claimed on his taxes, plus her fiance. Please read the I-864 instructions for the actual guidelines and requirements before giving others misinformation such as this.

[d and c 2]

My Dear VJ Friends,

I have very important questions for you before I begin the application process. Do they accept the 130 form for the K1 fiance visa affidavit of support in Accra Ghana? I want to make certain before we begin the application process. I am the petitioner who live in Connecticut USA and my significant other lives in Ghana. I heard if they don't accept the form, I will be wasting my time and I want to prevent this from happening.

Thanks

[jkelly07 120]

if your single and want to get married to your fiance or fiancee then you file 1-129f k-1 visa only if approval and you come to the united states you must get married within 90 days of arrive,---if your married or family member wants to come to the united states then you file 1-130,