Only just enough income for Affidavit of Support, no joint sponsor- should we try anyway?

[referdev 1]

Me (UKC, female) and my girlfriend (USC) want to get married and live in the US; we haven't decided whether to go K-1 or CR-1 yet, but either way, we only just earn enough to pass the 125% poverty guideline for the Affidavit of Support. My girlfriend is a full-time student with a part-time job who intends to go on to be a professor; I'm a graduate with a math degree, 26 years old, in good health, and I'm currently self-employed. I work over the internet so my income would continue from this source when I move to the US. I have friends/acquaintances who work for larger companies in my field and would be happy to put in a good word for me for jobs in the US as soon as I have a work permit, but I would have to wait for a position to open up, and I would only be able to take it once I am in the US (basically, they won't sponsor foreign applicants for work Visas). I would keep working as self-employed until that point, hopefully with an increasing income- as it has been for the past few months- but I'm wondering whether they will ask for a joint sponsor anyway since self-employed income isn't "guaranteed"?

We don't want to ask my girlfriend's parents to be joint sponsors as they are very paranoid people (they knew someone who fell victim to a Green Card scam marriage), and we don't want to push that responsibility onto any of our friends. We also don't want to spend hundreds of dollars plus travel costs to London for me on this only to have it all fall apart by an inevitable demand for a joint sponsor.

Should we give it a go and hope they are satisfied by my current income plus education, industry connections in the US, etc? Or is it very likely they'll ask for a joint sponsor? I'm not expecting a guarantee on either, just hoping to get a vague idea of whether it's worth investing the money and time into this. Thanks in advance.

[EmigratingSwede 16]

The requirement for 125% of the poverty level applies to the USC. You can not (As far as I know) count your non-US income towards that goal.

[FROWNcat 24]

The requirement for 125% of the poverty level applies to the USC. You can not (As far as I know) count your non-US income towards that goal.

I think so, too. You can only calculate the non USC income as assets once applying for AOS.

So if your girlfriend isn't making enough to meet the poverty guidelines your only option is a co-sponsor.

[referdev 1]

I think so, too. You can only calculate the non USC income as assets once applying for AOS.

So if your girlfriend isn't making enough to meet the poverty guidelines your only option is a co-sponsor.

Huh! I was sure I had seen somewhere that if your income will continue after emmigration (which it will, since I work from home and my location changing won't change anything about my income) then you're allowed to count it as part of you and your spouse's US household income. Does anyone know for sure?

Edit: Ahh, okay, it's only for AOS. So it'd be allowed under AOS but not for a Visa? Even CR-1?

Edited August 1, 2014 by Anna P

[FROWNcat 24]

Huh! I was sure I had seen somewhere that if your income will continue after emmigration (which it will, since I work from home and my location changing won't change anything about my income) then you're allowed to count it as part of you and your spouse's US household income. Does anyone know for sure?

Edit: Ahh, okay, it's only for AOS. So it'd be allowed under AOS but not for a Visa? Even CR-1?

CR-1 I'm not familiar with, as I didn't apply for one. Try to read the instructions of the different forms you'd have to send, it may help. Either that or someone that has a CR-1 may pop in here and help you.

[referdev 1]

Okay, thanks, it looks like it does count for CR-1 so I'll try that instead. My mistake!

[Nich-Nick 3,354]

Huh! I was sure I had seen somewhere that if your income will continue after emmigration (which it will, since I work from home and my location changing won't change anything about my income) then you're allowed to count it as part of you and your spouse's US household income. Does anyone know for sure?

Edit: Ahh, okay, it's only for AOS. So it'd be allowed under AOS but not for a Visa? Even CR-1?

K1 uses the affidavit of support form I-134. It has no strict rules written into the law. It is a subjective opinion by the officer at the consulate doing the interview. Some consulates apparently are in "I-need-a-lot-of-convincing" mode. London is very flexible. Show the officer your income and how it will continue in the US and it will contribute to the over-all picture that you are not likely to become a public charge. Her income, your income, both of your savings will be considered in London. London would let you self-sponsor on your assets alone if they were sufficient.

Furthermore, London has accepted 100% of the poverty guidelines. Want some proof that it isn't actually 125%? Read these two FAQs from the Dept of State who issues visas http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#8

That doesn't mean every consulate goes by this. It is still the officer's decision and as I said, some are tougher than London.

Once you marry, you still have to apply for permanent residence. That requires a new affidavit of support for I-864. It has strict rules. Read the instructions for it and you will learn the requirements better than short posts on a forum. Yes the immigrant's income can count if continues from the same source in the US. But a K1 isn't authorized to work at first. So you get into that much debated area of "Does my UK internet based job count as working"? I have seen many opinions but never a black and white definitive answer. Your assets will count. Read the form instructions.

Now to CR1 visa briefly. It uses the stricter I-864 and London follows the letter of the law on that one. Your source of income will count because it continues. (Did I mention that is explained in the I-864 instructions?) A CR1 is a permanent resident the day they land in the US, so no gray area of what is defined as working. You are clearly authorized to work on Day 1.

Mull all the above around, and I think you have many positive options.