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Pheebs1201

Co-Sponsor: Number of dependents

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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 by Pheebs1201

Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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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.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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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!


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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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.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


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Share on other sites

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 :P

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... ;)


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites

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. :P. 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 by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

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. :P. 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 ;)


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
 
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