Support Affidavit and Poverty Status and other general

[jamontoya1 0]

My name is Jose, and my fiance and I are starting on the I-129F at the moment. My main concern is with the financial side for the affidavit.

I am 22 years old, I graduated from Univ of Texas (where I met my girl) last year with a Bachelors in Computer Engineering and then came back to Nicaragua, I'm currently working here. Jessica, who is 20, is still in college and won't finish for another year or two. She only attends college and waits tables on and off. I can't say that she'll be able to show that she earns enough to support us both according to the figures I saw for 2013. But I thought perhaps with the fact I have a degree and she eventually will too, they might go easy on us on that part. I don't know. Ideas?

Other than that I also understand that California is faster than other offices as far as processing requests, so I guess we might use them instead of the one in Dallas. Also I actually lived with Jessica for an entire year, before having to return, but we never seemed to take more than a couple of pictures, I understand those are a big help in the interviews. :/

I've spent all day reading up on forums, sites, and forms, but can't say I feel 100% sure of what we're doing. Any help or tip is truly appreciated.

[jamontoya1 0]

And the Co-Sponsor thing is something I'm not completely clear on either.

[KayDeeCee 4,904]

You do not choose which service center to send the I-129f to. All petitions are mailed to the Dallas Lockbox intake facility. Please see the instructions > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The financials are not needed until later, after the I-129F is approved and the foreign fiance(e) goes for their K-1 interview. The USC petitioner must meet the income requirement or have a co-sponsor that meets it for their own household size plus the foreign fiance(e). Check with your consulate to make sure your consulate even accepts co-sponsors. Some do not.

[sparkles_ 462]

I am a full time university student, no work history for 3yr. I will be hopefully filing early next year after some stuff is sorted out, and after I pick up a part time job to make things look a little better. Anyway the fact she is still in school works for you guys as long as your consulate allows co-sponsors! I will be using one as well obviously. One thing I did hear was try and find someone who made decently above the 125% of the family size, not just barely passed it. For example my other sponsor will make 10-11,000USD above limits yearly.

Family members of hers are always better looking than friends/co-workers to be the other sponsor (her mom or dad would be first choice). I'm going to include in the cover letter that my reason for no income or lack of income is due to changing careers and attending university. There are a lot of students on here with similar situations, seems to be if the sponsor is in school trying to better themselves it is nothing to sweat over as long as you can use another sponsor.

[slowlyman 118]

The beneficiaries income is not considered. Potential income is also not considered, If you do not have a previous year tax transcript, you should include a letter stating why. It sounds like sponsor is your best option if the consulate allows it. The sponsor needs to meet 125% for the two of you plus the number of persons in his or her household.

[KayDeeCee 4,904]

The beneficiaries income is not considered. Potential income is also not considered, If you do not have a previous year tax transcript, you should include a letter stating why. It sounds like sponsor is your best option if the consulate allows it. The sponsor needs to meet 125% for the two of you plus the number of persons in his or her household.

A co-sponsor does not include the USC petitioner in their household count unless they claim them on their taxes. The co-sponsor needs enough for their own household size plus the foreign fiance(e). The USC does not need sponsorship.

[sparkles_ 462]

A co-sponsor does not include the USC petitioner in their household count unless they claim them on their taxes. The co-sponsor needs enough for their own household size plus the foreign fiance(e). The USC does not need sponsorship.

Really? Not trying to thread hijack but I was under the impression that the co-sponsor needed to earn 125% and above for their household and the beneficiary's household size as well which includes the USC. So for example if the co-sponsor has a household of 2, and the USC petitioner has a household of 3 plus the 1 foreign fiance for 6 people total...then the co-sponsor only need to make above 125% for 5, not 6 people?

Maybe I'm not grasping it somehow but if that understanding I just got is true, awesome.

Edited September 11, 2013 by beccabecca

[KayDeeCee 4,904]

Really? Not trying to thread hijack but I was under the impression that the co-sponsor needed to earn 125% and above for their household and the beneficiary's household size as well which includes the USC. So for example if the co-sponsor has a household of 2, and the USC petitioner has a household of 3 plus the 1 foreign fiance for 6 people total...then the co-sponsor only need to make above 125% for 5, not 6 people?

Ok, in your example, the USC petitioner has a total household size of 4, himself, 2 dependents and his fiancee. The co-sponsor has a household size of 2 already, so they would need to meet the income requirement for a household size of 3. They are only agreeing to sponsor the foreign fiancee. The USC and his family do not require sponsorship. Now, if the household size of the USC is 4 because the foreign fiancee has 2 children she is bringing with her, then the co-sponsor will need enough for a household of 5 because they need to add all the intending immigrants to their own household size.

The I-864 instructions explain it best : Page 8, #3 > 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.

[sparkles_ 462]

Ok, in your example, the USC petitioner has a total household size of 4, himself, 2 dependents and his fiancee. The co-sponsor has a household size of 2 already, so they would need to meet the income requirement for a household size of 3. They are only agreeing to sponsor the foreign fiancee. The USC and his family do not require sponsorship. Now, if the household size of the USC is 4 because the foreign fiancee has 2 children she is bringing with her, then the co-sponsor will need enough for a household of 5 because they need to add all the intending immigrants to their own household size.

The I-864 instructions explain it best : Page 8, #3 > 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.

Huh, I think I totally miscalculated this when I did my ex-husband's AOS years back....anyway, it was never brought up and I was always told the other sponsor needed to make 125% for all people. Life just got a little easier over here Thanks.

Edited September 11, 2013 by beccabecca

[ivanalex1980 34]

how they are going to find out how many persons depend on the petitioner in his/her household?

thanks guys

[sparkles_ 462]

how they are going to find out how many persons depend on the petitioner in his/her household?

thanks guys

IRS can be easily checked to see who was filed as a dependent, it will be on your W-2 and paystubs for deductions, birth records for any children you have regardless if they live with you or not, I'm sure there are a lot of other ways I don't know about besides those basics and big three.

[KayDeeCee 4,904]

how they are going to find out how many persons depend on the petitioner in his/her household?

thanks guys

The sponsor will list their dependents on the I-134 form and then the I-864 later for AOS. They also supply their most recent tax transcript. If you are asking how to know who is dependent, I listed that info above. For the USC petitioner, their dependents will be any minor children, anyone they claim on their taxes, and anyone they ever signed an affidavit of support for previously.The foreign fiance(e) is the one they are sponsoring and is not their dependent, but is always added into their household count since they are signing they will sponsor and be responsible for them so they do not become a pubic charge once in the US.