K1 Conditions - Help A Simpleton Out

[bigsim 0]

All,

Hopefully this is an easy question to answer, and hopefully someone will give me the answer I'm hoping for, but even after scouring this place I'm not able to convince myself that I know the answer, so please bear with me even if you find this question silly.

Last weekend I returned from visiting my beloved Sarah in Florida. During the visit I proposed, she accepted and there was much happiness. We don't have rings, nor did we have a party or anything, just a simple proposal and acceptance.

Sarah is 20, I'm 21. Sarah dreams of being a dermatologist and studies full-time, something she'll be doing for some years to come owing to the specialised nature of her chosen career. She does work part-time but is currently between jobs. Her aunt, who is very fond of us both, has said she will be willing to act as a co-sponsor should we wish to file a petition and begin the process of trying to get a K1 visa. Her aunt has no children, lives with her partner and earns in the region of 21-22k a year, which according to the latest poverty guidelines should be enough to meet the income requirement for sponsorship (please correct me if I have that wrong).

I've kept my boarding passes, I've got my passport stamps and there are a million and one photos of our most recent week together we can submit as proof of our relationship. It's driving us both mad being apart from each other and we're keen to get going on this as soon as we can - are we good to go or would something like Sarah's current lack of income pose a problem? Is there anything else you'd need to know before that question could be answered?

Thanks in advance,

Adam

Edit: I'm also planning on a further visit in August, and Sarah wants to come to England in the winter time, around Christmas. I know her visit wouldn't be a problem, and I also know that mine could be - am I at risk of being turned away at a POE as soon as the petition is filed or does the process need to be more advanced before I'm at risk?

Edited May 29, 2007 by bigsim

[Dan J 277]

No, you can have a co-sponsor. Although at the interview stage the guidlines are at 100% of the poverty level (It does depend on the consulate though), AOS stage requires a sponsor able to meet 125% of the poverty level.

Your aunt would be supporting 4 people, which at 100% is $20,650. 125% is $25,813. Alaska and Hawaii are abit higher.

You can visit the US even with a K-1 processing. But you do have to show ties to your home country or you could be sent home.

Edited May 29, 2007 by Dan + Gemvita

[GrenadianCrix 1]

The Aunt sounds fine as a sponsor. Remember she just needs to show support (125% poverty guideline) for everyone she is responsible for ie. claims on her taxes (sounds like just herself and maybe her partner) and the non-USC...you. She does not need to show support for the USC. You can check out poverty guidelines here http://travel.state.gov/visa/immigrants/info/info_1327.html

It sounds like you have done your homework. Your evidence sounds fine at this point too. The only other thing I could suggest is if you had any receipts from dinners together, or tickets purchased...preferably with pictures to illlustrate the event.

Good Luck on the journey.

Sue

Edited May 29, 2007 by GrenadianCrix

[bigsim 0]

The Aunt sounds fine as a sponsor. Remember she just needs to show support (125% poverty guideline) for everyone she is responsible for ie. claims on her taxes (sounds like just herself and maybe her partner) and the non-USC...you.

To clarify, then - since she's not married and is childless, she's basically needing to meet 125% of the level for a 2-person household, me and her?

The only other things I can think of as evidence are cinema tickets and hotel receipts - I have mine, but Sarah has the hotel receipts and I don't know that she kept them. Thanks for your help - I'm sure we're all in or have been in the same boat, so you'll know that we're very nervous about the process and keen to do as much as possible to minimise our chances of being delayed or rejected.

[GrenadianCrix 1]

Those tickets and hotel receipts sound good. If she doesn't have the original, she may be able to use the credit card statemtent used to pay for it.

You sound correct about the I-134....she needs to show support of 2, you and her. The only issue would be if her partner relies on her for financial support (indicated on her taxes), then it would be 3.

And yes, we are all more or less in the same boat. I went through the USCIS process in February. due to a remarkably fast office, I was forwarded to NVC and then the embassy very quickly. Unfortunatly, all the stages can have their hiccups, mine have to do mostly with international postal systems.

But my fiance will be going to his interview in July, so we can see the light at the end of the tunnel.

Good Luck with your petition. Keep researching as much as you have and you'll be fine

Sue

[Dan J 277]

The Aunt sounds fine as a sponsor. Remember she just needs to show support (125% poverty guideline) for everyone she is responsible for ie. claims on her taxes (sounds like just herself and maybe her partner) and the non-USC...you.

To clarify, then - since she's not married and is childless, she's basically needing to meet 125% of the level for a 2-person household, me and her?

The only other things I can think of as evidence are cinema tickets and hotel receipts - I have mine, but Sarah has the hotel receipts and I don't know that she kept them. Thanks for your help - I'm sure we're all in or have been in the same boat, so you'll know that we're very nervous about the process and keen to do as much as possible to minimise our chances of being delayed or rejected.

Possibly yes, if her partner is not a dependent (or married filing jointly) on her then her partner doesnt need to be included. I'm not really sure if your fiancee would be considered a dependent in that calculation or not. But if her income meets the level for a household of 3 you should be more than fine.

[GrenadianCrix 1]

Possibly yes, if her partner is not a dependent (or married filing jointly) on her then her partner doesnt need to be included. I'm not really sure if your fiancee would be considered a dependent in that calculation or not. But if her income meets the level for a household of 3 you should be more than fine.

If the Aunt makes at least $17,113 she can sponsor him as she only shows support for her and the non-usc.

The USC does not need to be included in any I-134 except the one they file themselves. The support forms are only to show that the non-USC will not go on public assistance. There is no need to show the same for the USC.

Although, on a side note, if the USC shows a history of living on means tested public assistance the embassy could deny the application for increased risk the non-usc would end up the same. This does not seem to be the case here.

[msu17 0]

Haha you have the exact same situation as us! Med school sucks! Thank God for co-sponsors. Congrats on the engagement.

[no name 1]

The aunt has to make enough to support herself, any dependants (doubt her partner qualitfies) & you two. That's THREE total, not 2 as some have said.

[GrenadianCrix 1]

The aunt has to make enough to support herself, any dependants (doubt her partner qualitfies) & you two. That's THREE total, not 2 as some have said.

This is an exerpt from the I-134 instructions. It makes mention of 'the alien' and not of the USC

"II. Supporting Evidence.

As the sponsor, you must show you have sufficient incomeand/or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States."

And this is from the I-864...again, no mention of supporting the USC.

"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 FormI-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intendingimmigrant(s)."

If the USC fiance is not part of the sponsors household, it does not appear that that person needs to be included in sponsorship expectations. Please show me where it instructs you otherwise if I am wrong. I can't even find any appropriate place the USC fiance would be reported on the form.

[no name 1]

The aunt has to make enough to support herself, any dependants (doubt her partner qualitfies) & you two. That's THREE total, not 2 as some have said.

This is an exerpt from the I-134 instructions. It makes mention of 'the alien' and not of the USC

"II. Supporting Evidence.

As the sponsor, you must show you have sufficient incomeand/or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States."

And this is from the I-864...again, no mention of supporting the USC.

"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 FormI-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intendingimmigrant(s)."

If the USC fiance is not part of the sponsors household, it does not appear that that person needs to be included in sponsorship expectations. Please show me where it instructs you otherwise if I am wrong. I can't even find any appropriate place the USC fiance would be reported on the form.

I was mistaken. I am not sure how that works if the OP's fiance doesn't make any $$.

Does the aunt support the USC? Or claim her?

[bigsim 0]

I was mistaken. I am not sure how that works if the OP's fiance doesn't make any $$.

Does the aunt support the USC? Or claim her?

My fiance doesn't live with the aunt, but with her mother, so...I'm only a simple man but I can't imagine that her aunt would have to support her even if she's co-sponsoring. Sarah will make some money at some point soon in any case, albeit nowhere near enough to fulfil the sponsorship requirements, since she's looking for new work after leaving her old job. However, I don't know, which I suppose is why I was asking in the first place, so what I've just said could just as easily be quite wrong.

[GrenadianCrix 1]

The way I understand it is that the USC has been able to be supported, by themselves or by a parent/someone else. So the embassy doesn't worry about it unless they have a history of being a public charge. The USC is just that...a USC and therefore can not be denied means tested benefits. The embassy just wants to know that the new guy (non-usc) won't try to collect the same benefits reserved for citizens. After 5 years, or naturalization....it doesn't matter any more, the new guy can collect benefits. Although it seems like someone with a medical degree won't have to worry about it at that point!

Sue

Edited May 29, 2007 by GrenadianCrix

[bigsim 0]

One other thing that Sarah just thought of, since you've all been so helpful so far - Sarah lives with her mother, who has said she'd be perfectly happy for me to live with them. Sarah's aunt would be the co-sponsor, so it would be her who'd need to commit to providing room and board and all the rest of it...would I need to live with Sarah's aunt for her sponsorship to be valid?

[pushbrk 12,184]

One other thing that Sarah just thought of, since you've all been so helpful so far - Sarah lives with her mother, who has said she'd be perfectly happy for me to live with them. Sarah's aunt would be the co-sponsor, so it would be her who'd need to commit to providing room and board and all the rest of it...would I need to live with Sarah's aunt for her sponsorship to be valid?

No