K1 Visa Co-sponsor requirements

[semperpietas 4]

Hello everyone,

My fiancée and I have recently started the K1 Visa process and are expecting NOA2 at anytime. Since I am a full time student and don't currently work I know I need a co-sponsor to meet the financial requirements for her visa. Until recently, my Uncle had agreed to co-sponsor her, but has decided to back out. This leaves my mother as a co-sponsor. However, my mother's income doesn't quite meet 125% of the poverty guidelines set by the USCIS here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

My mother falls in within extreme closeness to this line ($100.00) for a household of three (her, and myself and my fiancée that she would sponsor). My question is since we are not filing for the I-864 Adjustment of Status yet, is it nessecary for her to meet 125% of the poverty guidlines and can we use her as a co-sponsor for the K-1 since she does technically meet the guidelines? I will also add that my mother owns property and the house that she lives in as well, and can those assets be used?

We appreciate your help in this matter.

semperpietas

[Ash.1101 1,756]

They will still use the 125% because they know your fiance plan on AOSing, and expect you to do so within a quick time frame (doesn't mean you have too, but its the idea)

To them, there's no point of letting your fiance in if there's going to be an issue in a couple of months.


With that said, I'm unemployed and we used my mother as a cosponsor, my mother makes 7000$ over the requirement for 125% and we still were refused the K1 visa and asked for ANOTHER cosponor, the CO even said he was aware that our cosponsor made more than the requirement, he just personally didn't feel comfortable, used his own discretion, and asked for us to get another cosponsor.

At the end of the day it's up to the Consulate officer if he wants to use 100% or 125%, or if enough is actually enough, what he says goes at the end of the day.


A lot of people in the forums will say "Just find a cosponsor that makes the requirements and you're fine!" that's not always the case as I've experienced myself. Be careful when skirting under the required amount.



Edit: You said that your mom's household would count you as well? Does she claim you on her taxes or support you financially? You only count as a member of the household if your mother supports you either by claiming you as a dependant on taxes or supporting you financially. I'd assume yes since you go to school full time, but clarification helps.

If she does not support you financially or claim you on her taxes then the household would only be 2, which is 19.912$ a year. A cosponsors household is only the cosponsor, any people they financially support, and the intending immigrant. My advice remains the same though.

Edited October 12, 2015 by Ash.1101

[semperpietas 4]

They will still use the 125% because they know your fiance plan on AOSing, and expect you to do so within a quick time frame (doesn't mean you have too, but its the idea)

To them, there's no point of letting your fiance in if there's going to be an issue in a couple of months.

With that said, I'm unemployed and we used my mother as a cosponsor, my mother makes 7000$ over the requirement for 125% and we still were refused the K1 visa and asked for ANOTHER cosponor, the CO even said he was aware that our cosponsor made more than the requirement, he just personally didn't feel comfortable, used his own discretion, and asked for us to get another cosponsor.

At the end of the day it's up to the Consulate officer if he wants to use 100% or 125%, or if enough is actually enough, what he says goes at the end of the day.

A lot of people in the forums will say "Just find a cosponsor that makes the requirements and you're fine!" that's not always the case as I've experienced myself. Be careful when skirting under the required amount.

Edit: You said that your mom's household would count you as well? Does she claim you on her taxes or support you financially? You only count as a member of the household if your mother supports you either by claiming you as a dependant on taxes or supporting you financially. I'd assume yes since you go to school full time, but clarification helps.

If she does not support you financially or claim you on her taxes then the household would only be 2, which is 19.912$ a year. A cosponsors household is only the cosponsor, any people they financially support, and the intending immigrant. My advice remains the same though.

Thank you. Its a disheartening knowing that a potential cosponsor only makes a hundred dollars less than 125% of the HHS guidelines, but apparently that may not count.

Yes, My mother counts me as a dependent so it would be a household of three. However, my mother doesn't pay rent and owns a not insignificant property and the house she lives in, in addition to having a life insurance policy as well. Just to be safe, I'm looking at friends who may be able to help at this time.

[semperpietas 4]

Does anyone know if there is a particular age cut off limit as to who can co-sponsor?

[Ash.1101 1,756]

I don't believe so and I hope not. I'm currently looking at my grandparents who are in their 80's to help. I'm sure they can take age into consideration, but it'll be up to the Consulate officer.

And yeah, when my fiance got handed the refusal until we can provide another cosponsor, we were crushed. The forum generally has a pretty upbeat "don't worry about it" attitude if your cosponsor makes more than enough, so it was hard when our cosponsor made 7000 more than the requirement and were still told it wasn't good enough.

Always have a backup is what I've learned. You can try to use your mothers assets as well, but I'd prepare a back up just in case.

Edited October 12, 2015 by Ash.1101

[Nora&Jobany 11]

On 10/12/2015 at 11:01 PM, Ash.1101 said:

I don't believe so and I hope not. I'm currently looking at my grandparents who are in their 80's to help. I'm sure they can take age into consideration, but it'll be up to the Consulate officer.

And yeah, when my fiance got handed the refusal until we can provide another cosponsor, we were crushed. The forum generally has a pretty upbeat "don't worry about it" attitude if your cosponsor makes more than enough, so it was hard when our cosponsor made 7000 more than the requirement and were still told it wasn't good enough.

Always have a backup is what I've learned. You can try to use your mothers assets as well, but I'd prepare a back up just in case.

Hi Ash,

 

I'm just curious. So who ended up sponsoring your beneficiary? And did the consular pose any questions on your sponsorship? 

It seemed the approval of your K1 visa was very smooth! That's wonderful! 😃

 

My fiance and I just got our NOA2, and now getting ready for the next stage and the interview. So just searching around for now.

 

Thanks~

[Ash.1101 1,756]

1 hour ago, Nora&Jobany said:

Hi Ash,

 

I'm just curious. So who ended up sponsoring your beneficiary? And did the consular pose any questions on your sponsorship? 

It seemed the approval of your K1 visa was very smooth! That's wonderful! 😃

 

My fiance and I just got our NOA2, and now getting ready for the next stage and the interview. So just searching around for now.

 

Thanks~

Slightly smooth aside for them asking for another sponsor, but we ended up having a friend sponsor him as my grandparents didn't feel comfortable sending any of their personal information. Our friend was a single lady who made exceptionally more than what was needed. My husband (fiance at the time) had his visa in less than a week from sending the consulate her I-134 and proof.

As for AOS, while they asked for a second cosponsor on top of my mother for K-1, we used the EXACT same financial info from my mother to joint sponsor AOS and there was no issue what so ever since there is very little discretion involved.