K1Joint Sponsorship (USEM) how and where to begin?

[PupperPup 36]

Hi guys. This is the beneficiary posting.

My interview is in 2 weeks and I've been dreading it because I've previously thought USEM didn't allow joint sponsorship until recently. 

 

a little background. TLDR down the bottom.

Anyway  so my petitioner is short $10 (!!!) to reach the 100% poverty guideline for 2018.

His 2015 1040 was actually better (could pass the 5-people poverty guideline) but since 2016, he started college and stopped working because he had a lot saved up that he didn't need to apply for student loans. He was in college until 2017 and in early 2018 (January) he actually got a job (current) that has a better hourly rate but doesn't meet 40 hours a week (his line of work rn is based on job orders). He stopped going to college and decided he'll continue once I'm there with him (and he can get a really goody paying job once he's done). 

So, anyway, he got a raise like, a few months ago and he knows he can make it beyond the min poverty line this year (2019). He's even waiting to start a new job with x2 the pay but he doesn't  start until  maybe October. 

but none of those matter because none reflects on the 2018 income tax anyway

 

We decided we'll gather the docs like his college tuition and student schedule/study loads to prove he was in school so he cant provide the past 2 years' 1040. We're even trying to "prove" he's got a raise but it's a little complicated. We're trying to get bank statements as well.

 

so earlier  today, we found out joint sponsorship isn't torally banned in USEM and both his grandparents (retired) are willing to do so. So we figured that might be the best course to take??

But we can't  seem to find any info online that is specific to the manila us embassy.

 

--‐----

so TL;DR

A little short on the income tax return so might need to do joint sponsorship but

 

A.) How and where do we start?

B.) Are grandparents considered immediate family and can either help us?

C.) Is it possible to do it in less than 2 weeks?

D.) What advice can you give? 

 

thanks

 

sorry for the long a** post. And for the confusing inquiries i am really stressed af right now, preparing all the necessary  documents.

 

 

thanks for your time! 

Edited August 30, 2019 by PupperPup
Clarification

[Crazy Cat 39,220]

Time to call in some PI experts:  @payxibka  @Hank_  @geowrian @John & Rose

Edited August 30, 2019 by missileman

[geowrian 22,335]

1 hour ago, PupperPup said:

My interview is in 2 weeks and I've been dreading it because I've previously thought USEM didn't allow joint sponsorship until recently. 

1) It's co sponsorship for the I-134. Joint sponsorship for the I-864 for AOS later.

2) USEM only accepts co sponsors on a cased by case basis. If it's a close family member, that's much more likely than some friend of the family.

3) Just an FYI - USEM rarely requests an I-134. Have it and be prepared, but the reality is they often don't even ask for it.

 

Quote

Anyway  so my petitioner is short $10 (!!!) to reach the 100% poverty guideline for 2018.

USEM goes by the 125% level anyway. Not only that, the CO makes a decision based upon the totality of the circumstances....just being $10 over the bare minimum to qualify as a sponsor almost certainly wouldn't cut it.

 

Quote

So, anyway, he got a raise like, a few months ago and he knows he can make it beyond the min poverty line this year (2019). He's even waiting to start a new job with x2 the pay but he doesn't  start until  maybe October. 

but none of those matter because none reflects on the 2018 income tax anyway

Was he was self-employed / a contractor? If that is still the case now, then the tax returns would show his income.

If he is a W-2 earner, then paystubs and an employment letter would show current income instead. Tax returns would only show past income. Current income is king.

 

Quote

We decided we'll gather the docs like his college tuition and student schedule/study loads to prove he was in school so he cant provide the past 2 years' 1040. We're even trying to "prove" he's got a raise but it's a little complicated. We're trying to get bank statements as well.

I don't think there is any need to "prove" he was in school. Being in school is not a qualifying factor for the I-134 or I-864.

For the I-864 later (AOS stage), if he didn't file returns for a year because he didn't have enough income to be required to file (such as being a student and not working), then he can note why there. But just noting why is all that is needed.

Evidence of a raise would be reflected in his current income documentation: pay stubs and/or an employment letter.

 

Edit: USEM generally does not consider assets for an I-134.

For the I-864 later, bank statements can be used as evidence of assets, although they are optional if income is sufficient.

 

Quote

so earlier  today, we found out joint sponsorship isn't torally banned in USEM and both his grandparents (retired) are willing to do so. So we figured that might be the best course to take??

If his current income is insufficient, then having them on hand as co sponsors would be wise.

Edited August 30, 2019 by geowrian

[John & Rose 7,237]

1 hour ago, geowrian said:

1) It's co sponsorship for the I-134. Joint sponsorship for the I-864 for AOS later.

Is there somewhere that I can actually read about this?  I've heard both and I have no idea what the differences are.  It seems like joint and co are mixed up a lot.  This has confused me for a long time.  

[geowrian 22,335]

11 minutes ago, John & Rose said:

Is there somewhere that I can actually read about this?  I've heard both and I have no idea what the differences are.  It seems like joint and co are mixed up a lot.  This has confused me for a long time.  

It's basically a nomenclature difference. The I-864 explicitly uses the term "joint sponsor". Th I-134 has no sort of language or joint responsibility across sponsors.

In practice, it's a distinction without a difference. It's just a matter of using the right terms at the right times.

[Hank_ 9,173]

One exception I will make note on, and that is using the I-864 with co-sponsors .. seems about the same time the embassy backed off asking for Support Evidence from everyone they also started to accept the I-134 from the co-sponsors with the K-1.   

 

OK .. two exceptions.  There have been a couple cases in this last year that I am aware of where the embassy accepted assets  ... this one surprised the heck out of me, and there is a lengthy discussion about it here on the forum.

 

Other than that I agree with @geowrian     

 

And if you income is short at 100%, it is really short at 125% as that is what the embassy uses (as does USCIS with AOS).     Have your grand-parents complete the I-134.   And you may want to write a letter explaining about being in school and your income being below the requirement to file taxes during the previous years.

 

If you have paid stubs to support current income figures that would be helpful also.

Edited August 30, 2019 by Hank_

[PupperPup 36]

6 hours ago, geowrian said:

1) It's co sponsorship for the I-134. Joint sponsorship for the I-864 for AOS later.

2) USEM only accepts co sponsors on a cased by case basis. If it's a close family member, that's much more likely than some friend of the family.

3) Just an FYI - USEM rarely requests an I-134. Have it and be prepared, but the reality is they often don't even ask for it.

 

USEM goes by the 125% level anyway. Not only that, the CO makes a decision based upon the totality of the circumstances....just being $10 over the bare minimum to qualify as a sponsor almost certainly wouldn't cut it.

 

Was he was self-employed / a contractor? If that is still the case now, then the tax returns would show his income.

If he is a W-2 earner, then paystubs and an employment letter would show current income instead. Tax returns would only show past income. Current income is king.

 

I don't think there is any need to "prove" he was in school. Being in school is not a qualifying factor for the I-134 or I-864.

For the I-864 later (AOS stage), if he didn't file returns for a year because he didn't have enough income to be required to file (such as being a student and not working), then he can note why there. But just noting why is all that is needed.

Evidence of a raise would be reflected in his current income documentation: pay stubs and/or an employment letter.

 

Edit: USEM generally does not consider assets for an I-134.

For the I-864 later, bank statements can be used as evidence of assets, although they are optional if income is sufficient.

 

If his current income is insufficient, then having them on hand as co sponsors would be wise.

Oh  seems like I got those terms mixed up! Thanks for clearing it up.

 

His grandparents want to to it, but they are retired. However, both of the parents are also down to help which is good .

 

 

I mentioned the school thing because I heard they might ask for the recent 3 years (income tax)

thanks for the info and tips. He's  not self employed right now but if pay stubs and employment letter are good enough to show current income, then I suppose we'd be okay...

just wanna be prepared for battle with full on armor rather than not  😅a

 

Thank you!

 

[PupperPup 36]

2 hours ago, Hank_ said:

One exception I will make note on, and that is using the I-864 with co-sponsors .. seems about the same time the embassy backed off asking for Support Evidence from everyone they also started to accept the I-134 from the co-sponsors with the K-1.   

 

OK .. two exceptions.  There have been a couple cases in this last year that I am aware of where the embassy accepted assets  ... this one surprised the heck out of me, and there is a lengthy discussion about it here on the forum.

 

Other than that I agree with @geowrian     

 

And if you income is short at 100%, it is really short at 125% as that is what the embassy uses (as does USCIS with AOS).     Have your grand-parents complete the I-134.   And you may want to write a letter explaining about being in school and your income being below the requirement to file taxes during the previous years.

 

If you have paid stubs to support current income figures that would be helpful also.

So my bad, he actually meant short at 125% not 100. But USEM considers 125% so we're  screwed.

 

So it's just the i-134  and supporting financial docs, right? No other forms?

 

we might just ask either of the parents anyway since they suggested either one (divorced) of them should do it because the grandparents are retired. 

 

and by letter, is it like a cover letter? Who should we address it to? USEM? 

 

Would MY (beneficiary) personal bank statements and my educational background be considered as well? 

 

 

thank you all for the help

[Hank_ 9,173]

1 hour ago, PupperPup said:

So my bad, he actually meant short at 125% not 100. But USEM considers 125% so we're  screwed.   Yes that is correct just as  @geowrian stated.

 

So it's just the i-134  and supporting financial docs, right? No other forms?    Yes the I-134, most recent tax return and W-2 are what what is requested by the embassy.

 

we might just ask either of the parents anyway since they suggested either one (divorced) of them should do it because the grandparents are retired.  Parents would be a much better option

 

and by letter, is it like a cover letter? Who should we address it to? USEM?   Yes write a letter stating your being in school.    Embassy only asks for the most recent tax return, NOT 3 years.

 

Would MY (beneficiary) personal bank statements and my educational background be considered as well?   Nothing from the beneficiary financial or educational background are of any real value in this situation.

 

 

thank you all for the help

This is all on you (petitioner) and your co-sponsor (s).    I would also suggest an employer letter if possible.

 

https://www.visaconnection-philippines.com/us-embassy-usem.html

[PupperPup 36]

17 hours ago, Hank_ said:

This is all on you (petitioner) and your co-sponsor (s).    I would also suggest an employer letter if possible.

 

https://www.visaconnection-philippines.com/us-embassy-usem.html

Thanks, Hank.
I meant my petitioner meant 125% and my dumba$$ thought he meant 100%. (We're okay at 100 but short at 125 if that makes sense sorry I'm an idiot) Do you think the USEM will consider?Aww man I just hope they don't ask for it 😪

but thanks for ..everything! You guys are clearly very knowledgeable regarding the process and I feel so stupid for asking questions that are probably just common sense 😓

Aaaanyway, so I know that bank statements are good, too. But my petitioner is a little worried even though he has a lot (!) in his bank right now because he said he hasn't really added anything (at least not much) to it recently so it feels a little "stagnant". This money he got from working previously + some online internet thing (he used to stream and play pro games as well?) + some funds his folks gave him in case he wants to continue his education even further. 

Do you guys think this would be okay to present as well? 

Thank u so much

[Hank_ 9,173]

11 minutes ago, PupperPup said:

Thanks, Hank.
I meant my petitioner meant 125% and my dumba$$ thought he meant 100%. (We're okay at 100 but short at 125 if that makes sense sorry I'm an idiot) Do you think the USEM will consider?Aww man I just hope they don't ask for it 😪

but thanks for ..everything! You guys are clearly very knowledgeable regarding the process and I feel so stupid for asking questions that are probably just common sense 😓

Aaaanyway, so I know that bank statements are good, too. But my petitioner is a little worried even though he has a lot (!) in his bank right now because he said he hasn't really added anything (at least not much) to it recently so it feels a little "stagnant". This money he got from working previously + some online internet thing (he used to stream and play pro games as well?) + some funds his folks gave him in case he wants to continue his education even further. 

Do you guys think this would be okay to present as well? 

Thank u so much

Odds of the embassy taking the bank statements, or even looking at them is is between slim and zero.    The embassy looks at current income (GROSS) and if needing a co-sponsor with the K-1 a CLOSE family member are the ones the embassy tends to accept (not required to accept a co-sponsor with the K-1); parents, siblings.

 

And like said the majority of the time the embassy doesn't ask for support evidence (since 2014), so there is a good chance of not being asked .... still it can happen.

[PupperPup 36]

On 9/1/2019 at 12:29 AM, Hank_ said:

Odds of the embassy taking the bank statements, or even looking at them is is between slim and zero.    The embassy looks at current income (GROSS) and if needing a co-sponsor with the K-1 a CLOSE family member are the ones the embassy tends to accept (not required to accept a co-sponsor with the K-1); parents, siblings.

 

And like said the majority of the time the embassy doesn't ask for support evidence (since 2014), so there is a good chance of not being asked .... still it can happen.

Thank u, Hank! We asked the father and he's already filled out the form. 

 

one question though, can the docs (esp i-134) be submitted as scanned copies? There's not gonna be enough time to mail the docs

[Hank_ 9,173]

1 hour ago, PupperPup said:

Thank u, Hank! We asked the father and he's already filled out the form. 

 

one question though, can the docs (esp i-134) be submitted as scanned copies? There's not gonna be enough time to mail the docs

Yup, no issue with scanning and emailing all those documents

Edited September 4, 2019 by Hank_

[PupperPup 36]

59 minutes ago, Hank_ said:

Yup, no issue with scanning and emailing all those documents

Thanks!