Co-Sponsor: Number of dependents

[Pheebs1201 269]

Hello!

As my OH has recently graduated and is still on the job hunt, we have come to realise that a co-sponsor will be necessary (he earned around $14,000 last year whilst studying). We are hoping to ask his parents if they will consider doing this for us- but I have a question regarding their number of dependents.

My OH's twin brother still lives at home, but has a job and is relatively self sufficient. Does he count as a dependent?

Also, as my OH is living with them whilst he job hunts, I assume he is also a dependent?

So with me included, does that make a total of four people or five people in the household?

If it is five am I right in thinking they need to demonstrate that they make $34,887 a year? (source: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf)

Alternatively, if he obtains a job prior to my interview which pays enough, and gets a letter from his employer stating this, will this be sufficient despite the previous tax return stating an insufficient amount?

The affidavit of support is an area I'm still feeling unsure about so any advice would be greatly appreciated.

Edited November 23, 2014 by Pheebs1201

[aleful 1,905]

hi

only the dependents that they declared on their taxes

[Nich-Nick 3,353]

Two part answer--

For the I-134 (your first Affidavit of Support) it doesn't actually ask household size. If a parent fills it out, he can name the sons as fully dependent or partially dependent. It is a subjective decision by the officer where the lines are blurred as far as counting people and going strictly by a poverty chart. London has been flexible in this. For a general rule of thumb, then see how the form I-864 counts a household size.

------------------

After marriage, there is the I-864 which has strict and specific written rules. For the purpose of counting household members, it is not about who is living in the house but who is supporting how many people. The federal income tax filed by the parents is the key. If they claim your fiancé on their income tax as a dependent, then he is counted. Same tax thing with the brother. If he is working and his parents don't claim him on their income tax, then he is not counted in the household size.

If you husband lands a job before you file for AOS, then he can sponsor you on his own--household of 2--him+you. Doesn't matter if you live at the parents' home. USCIS will look at his new job income, not his $14k from pre-job.

There's lots of options. If he and brother are independent (not on parents' income tax) and live at the same address, they can pool their income into "household income". Then it's fiancé+brother+you, a household of three.

[Pheebs1201 269]

Thank you for the responses.

If my OH gets a job prior to my K1 visa interview (next month for example), with a salary which is over 125% of the poverty guidelines for two people (me and him), can this be used as evidence for the I-134 even though his previous tax return is less than the required amount? (If he gained the correct letter from his employer?) Or does the income have to be from the previous year?

Thanks again!

[Nich-Nick 3,353]

If he gets a job, London will approve him on that employer letter alone. Nothing else needed.

For your AOS, he will be required to submit his tax return, but if he has evidence of a higher income (new job) then he provides proofs like letter and pay stubs and they will use the new income.

[Pheebs1201 269]

If he gets a job, London will approve him on that employer letter alone. Nothing else needed.

For your AOS, he will be required to submit his tax return, but if he has evidence of a higher income (new job) then he provides proofs like letter and pay stubs and they will use the new income.

Ohhhhh that is a massive relief, he has had a few interviews recently so fingers crossed something will come of it and no co-sponsor will be required. Good to have a back up plan though.

I'm trying not to worry about AOS yet but that is still good to know for the coming months

Thanks again Nich-Nick, lifesaver as ever! Do you fancy a voluntary full time position as my personal K1 advisor? I can't pay you but I do bake good cakes which I could bribe you with...

[Nich-Nick 3,353]

Cake?? Yum. I did actually receive some crumpets in the mail from Anna Grant, a K1 who packed them in her luggage when she left England. It was sweet of her. We even met last month. They spent three nights with us when they were traveling through Texas.

I thought I was already your personal advisor. . I reply to all your posts, especially in the UK forum. That's where you need to ask London questions. Each consulate has a different way of doing things.

I mention the AOS because it comes quickly on the heels of your visa interview I-134. Some people in the K1 forum with a different consulate give you the stricter answer that applies to the I-864. London is not so difficult with the I-134.

Edited November 23, 2014 by Nich-Nick

[Pheebs1201 269]

Cake?? Yum. I did actually receive some crumpets in the mail from Anna Grant, a K1 who packed them in her luggage when she left England. It was sweet of her. We even met last month. They spent three nights with us when they were traveling through Texas.

I thought I was already your personal advisor. . I reply to all your posts, especially in the UK forum. That's where you need to ask London questions. Each consulate has a different way of doing things.

I spent a couple of days in Texas this past summer, and my OH and I were very taken with it, so a return visit is highly likely. Cake will be brought