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Emz.jlh

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Posts posted by Emz.jlh

  1. This is incorrect information. That is not how income is calculated for household size and they do not have to show that much for the last 3 years. Only their current annual income needs to meet or beat the 125% requirement. Here are the poverty guidelines. The OP already stated it was a household of 5 including himself already. A household of 5 needs at least $33,762 : http://www.uscis.gov/files/form/i-864p.pdf

    The OP stated it was a count of 5 including himself. Why would they need to add 2 more?

    The co-sponsor does not have to show they can care for the USC petitioner. The only time a co-sponsor needs to include the USC petitioner in their own household count is when they already support them and have claimed them on their taxes. If they do not claim the USC petitioner on their taxes, then they are not included in the co-sponsor's household size. The co-sponsor is only signing an affidavit of support stating they will be the sponsor of the foreign fiance(e).

    To clear up how household size works, people should read page 2 of the I-864 instructions. Household size works the same even for the I-134.

    From the I-864 instructions:

    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 Form I-864 EZ affidavit of support whom you are still obligated to support.

    Hi, what if my cosponsor still claims her daugther in her 2011 tax but her daughther already moved out and now having a family though shes just 18. Can we just attach an statement saying that she is no longer dependent with her mom?

  2. see I-864p for annual poverty guide line..then you can easily understand how much income your sponsor is need.

    current poverty guide line is

    for TWO household member $18912 and anY additional member 4,950

    if you are 3 then ur sponsor must have $28,812 available for 3 years.

    GOOD LUCK

    I believe its 23,862 for 3 person (petitioner + beneficiary + cosponsor).

    http://www.uscis.gov/files/form/i-864p.pdf

    INCOME REQUIREMENTS. # of HOUSEHOLD

    $18,912. (2)

    $23,862. (3)

    $28,812. (4)

    $33,762. (5)

    $38,712. (6)

    $43,662. (7)

    $48,612. (8)

    Add $4,950 for each additional person.

  3. She has to have $18,912 income from work. While she may be able to substitute some income with liquid property, money that all of a sudden appear on the account will not do it, especially now when your petition has been rejected for insufficient income. More over, the closer her income is to lowest $18,912 the more likely they will ask to prove that this is consistent income, such as 3 year worth of tax returns. For example, if her income is $19,000/ year they will definitely ask for 3 years tax returns to see that she was making it consistently. On the other hand if she makes right now $30,000 and has a letter from employer that she has excellent employment prospectives, they will not care about even most recent income since her income currently is sufficient. Frankly, I do not see a chance under the circumstances except finding another co-sponsor that will qualify better. This is your only chance.

    Hi i think we are in the same boat and i need a help. I had my interview last october 2012. During my interview, my fiance is working. But the embassy asked for a letter of employment which i dont have (its a long story so let me get it straight) i received a 221g forms stating that i need to present a letter of employment. But we cant present it anymore since unfortunately my fiance just lost his job :( so our choice is a cosponsor which is his mom. For the past 3 years, his mom has an annual income of aroung $25,000 plus (2009 & 2010) and around $26,000 plus (2011) for that income we can say it is consistent? Right? If it is only me, my fiance and his mom then we meet the income poverty guidelines? Plus my fiance have money in the bank around $30,000 and 3 cars and his own house (with mortgage though) and currently unemployed since he just lost his job :(

    Well do you think we have a chance to get approve? Though my fiance is unemployed? Thank you.

  4. Im done with my interview last october. And i received a 221G forms saying i need to provide an employment letter. UnLuckily my fiance just lost his job by then and so we thought of using cosponsor, since where i am right now. They accpet cosponsor. So in my cosponsor (which is my fiances mom) she is still claiing in her tax. But then she moved out and now starting her new family. Can we just WRITE A LETTER/ STATEMENT about her daughter that she is no longer depending on her mom? Thank u

  5. If she is $2000 above the 125% for the household size, then she meets the requirement. If she claimed someone on her most recent tax return, then they are included in the household count. You can include the statement if you wish though.

    If you do not have your interview until after the 2012 taxes are filed, and then the dependent is not included, you can just use the 2012 tax transcript and not even have to worry about it.

    Im done with my interview last october. And i received a 221G forms saying i need to provide an employment letter. Luckily my fiance just lost his job by then and so we thought of using cosponsor, since where i am right now. They accpet cosponsor. So in my cosponsor (which is my fiances mom) she is still claiing in her tax. But then she moved out and now starting her new family. Can we just WRITE A LETTER/ STATEMENT about her daughter that she is no longer depending on her mom? Thank u

  6. Child support can be used as income on an affidavit of support as well as any other type of non-taxable income someone receives. Why would you only be allowed to claim taxable income? Income is income. The income shown on an affidavit of support is total gross income, before taxes, anyway. You just provide the documentation that proves you receive the income you are claiming on the affidavit of support.

    For child support, you provide a copy of the court order and check stubs or bank statements to show the direct deposit amount each month.

    What about if the situation is like this. My fiances mom is still claiming her sister in her latest tax 2011 but she moved out just recently. So my fiances mom is now living all by herself and she will be our cosponsor. It will appears on the tax that she is still claiming her sister as dependent household so we were thinking of attaching a letter explaining that she moved out. If we are just 3 we can meet the income requirements but if we are 4 we are just 2,000 dollars above the income guidelines. Should we include the child support which will only last until June 2013 or we will just leave it out of it and just put in the I-134 that she dont have dependent along with the letter.

  7. No, you're looking at 100% figures there. The income has to be 125% over poverty guidelines as a sponsor unless the sponsor is in the military. You take the number and multiply it with 1,25 to get the absolute minimum annual income.

    You'll have to AOS later on and the exact same requirements are at that stage, which is why an embassy/interviewing officcer is free to argue that if the sponsor or co-sponsor isn't 125% abover the guidelines at time of interview, then it won't fly later on with AOS and the bigbrother to the I134.

    There is only 2 person dependent to his dad. his wife and 1 daugther. This means they are 3 plus ME so equivalent we are 4 (28,812) thats what we should we should have in one year or more. Assuming his dad is making 50,000 dollars a year, are we safe now? How much would be the income if it is just Me, dad, wife and sister.

  8. These are the poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf

    For a household of 4, they need to have at least $28,812. Your fiance would only be counted if his parents claimed him on their taxes as a dependent. Household count is not about who lives in the same house. It is the one filling out the affidavit of support, any spouse, any dependent children, anyone else claimed on their taxes as a dependent, plus the foreign fiance(e).

    Oh God im so confused. Im sorry. There is only 2 person dependent to his dad. his wife and 1 daugther. This means they are 3 plus ME so equivalent we are 4 (28,812) thats what we should we should have in one year or more. Correct?

  9. Yes. The one that meets the 125% requirement for their own household size plus the foreign fiance(e).

    2012 Poverty Guidelines for the

    48 Contiguous States and the District of Columbia

    Persons in

    family/household Poverty guideline

    1 $11,170

    2 15,130

    3 19,090

    4 23,050

    5 27,010

    6 30,970

    7 34,930

    8 38,890

    For families/households with more than 8 persons,

    add $3,960 for each additional person.

    This means, if my cosponsor is my fiances dad living with his wife and daugther (3 household) plus me (4th household) the cosponsor should have 23,050 dollars or more or a 27,010 dollars or more (if including my fiance) correct me if im wrong. Thanks

  10. I think you have a very strong case, especially since you are dealing with an Embassy which accepts joint sponsors and you have a qualified joint sponsor. You would have an even stronger case if your fiancé attended your interview.

    He cant, hes in the u.s now. Im done with the interview and im under 221g. Coz i dont have letter of employment which we thought we can have it but its now impossible. Thats why we thought of cosponsor in replacement of letter of employment. We will submit those above mentioned docs. Along with the letter explaining his work status if we have to. Thanks a lot btw :)

  11. You can use only one joint sponsor. Usually the joint sponsor would submit an I-134 and it's supporting documents. However, I recommend that the joint sponsor submit an I-864 and all of it's supporting documents. I recommend this because an I-864 is legally binding, where an I-134 is not. Although I understand that you won't be interviewing in Manila, I've seen this method used with success there, even though K-1 joint sponsorship is a 50/50 gamble.

    You and your fiancé need to build a strong financial case so that the CO will be convinced that you will not become a public charge when you are in the U.S.. Your fiancé needs to submit proof of his liquid assets. I would suggest submitting several bank statements, which would show the account balance over time. If he owns his house outright, I would send proof of that too. He can also use the second and third car, but not the primary one. Current paystubs are a must. If he has had a high income over the past three years, I would also include income tax returns and tax transcripts for those years. If either of you have special skills or an education or vocation that would make you more employable in the U.S., I would put that info into a notarized letter and submit it. Build a strong case. And make sure he attends your interview.

    bank statement around 30k or 40k, house deeds and titles, cars titles, old paystub, severance pYment, income tax return 1st year around 30k plus dollars, 2nd year around 40k plus and the recent one is 71k ITR. Then Affidavit of support and supporting docs (which is more likely the same with my fiance) thats all i can submit. Except that my cosponsor is employed and have a family business. He was skilled since hes from a good company and I am a degree holder. What do you think?

    . I dont know what else we can do to get approved. Literally, everything is ok. The money i dont think will be questionable UNTIL we got lucky about his job and announced laying off of people Uggggh :(

  12. Correct, the embassy asked for a letter of employment. Since during the interview, we thought he would stay in his job for long and suddenly announced laying off of people. (as it is in the internet) :( so, what we were thinking is to submit ITR, Bank Statements, House deeds and title, 3 Cars title, paystubs when he was employed and severance payment. Then his mom and dad and stepmom as a cosponsors.

    Will that work??? :(

    I am getting confused about which form will be used if incase? I-864 or I-134. Since they are all living in different houses.

    My fiance house, moms house, and dads/stepmom house.

    My opinion:

    Your fiancé should submit an I-864 and all of it's supporting documents. His joint sponsor should submit an I-864 and all of it's supporting documents.

    The Consular Officer will look at your fiancé's income from 2011, and the CO will look at this year's income too, which your fiancé should provide. However, the CO will put the greatest weight on your fiancé's current sustained income. Even though he's still getting paid, and he can submit current paycheck stubs due to his severance, he still doesn't have an employer's letter. If you are asked to submit an employer's letter, you are going to have a problem. That's why he should prepare a joint sponsor and he should prepare proof of liquid assets.

    Also, I strongly recommend, in a case like yours, that your fiancé attend your interview.

    I am getting confused about which form will be used if incase? I-864 or I-134. Since they are all living in different houses.

    My fiance house, moms house, and dads/stepmom house.

  13. My opinion:

    Your fiancé should submit an I-864 and all of it's supporting documents. His joint sponsor should submit an I-864 and all of it's supporting documents.

    The Consular Officer will look at your fiancé's income from 2011, and the CO will look at this year's income too, which your fiancé should provide. However, the CO will put the greatest weight on your fiancé's current sustained income. Even though he's still getting paid, and he can submit current paycheck stubs due to his severance, he still doesn't have an employer's letter. If you are asked to submit an employer's letter, you are going to have a problem. That's why he should prepare a joint sponsor and he should prepare proof of liquid assets.

    Also, I strongly recommend, in a case like yours, that your fiancé attend your interview.

    Correct, the embassy asked for a letter of employment. Since during the interview, we thought he would stay in his job for long and suddenly announced laying off of people. (as it is in the internet) :( so, what we were thinking is to submit ITR, Bank Statements, House deeds and title, 3 Cars title, paystubs when he was employed and severance payment. Then his mom and dad and stepmom as a cosponsors.

    Will that work??? :(

  14. From the I-864 instructions:

    A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.

    I-864 instructions.

    OP...You can use one joint sponsor. I think you have a good chance for approval.

    Does your fiancé have any unmarried children under 21 years old?

    No he is single and never been married. If we will use his mom, what affidavit of support is needed?

    If his dad and wife(fiances stepmom) what affidavit of support?

    My fiances mom is living all by herself

    Dad & wife and fiances sister have their own house

    And my fiance have his own house.

  15. If your fiancé has about $60,000 in liquid assets in the U.S., then he won't necessarily need a joint sponsor...depending on his household size of course.

    Im outside philippines, and the embassy said they accept cosponsors. But im worried if it will work. Hes got a 71,000.00 ITR and w2 and almost 40,000.00 not including the cash and as well as the cosponsors meets the income requirements. Will there be a chance? He just got layed off and will be working on running his business and look for a job in the future.

    And my fiance is living all by his self in his house

  16. Im outside philippines, and the embassy said they accept cosponsors. But im worried if it will work. Hes got a 71,000.00 ITR and w2 and almost 40,000.00 not including the cash and as well as the cosponsors meets the income requirements. Will there be a chance? He just got layed off and will be working on running his business and look for a job in the future.

    And my fiance is living all by his self in his house

  17. Pearl,

    I'm really sorry to hear about the circumstances with your brother backing out on you. :-( I wasn't sure what the answer to your question would be so I called my lawyer to ask him about your question. :-D He did confirm that it shouldn't be a problem if you were starting your new job in November. It is VERY important that you do get your employer to write an employment verification letter stating your start date of the job, what your position is, and what the annual salary pay is. Also, you would submit 1-2 monthly pay stubs showing what you made for your new job too. He said that you should be okay as long as your income is at least or above the 125% poverty level.

    Try not to stress too much Pearl. God's going to help you and Aamir. When he gets here to the States, and you file the adjustment petition, hopefully, your family disagreement will be resolved by then so your brother can help be your co-sponsor for that if needed. I'm keeping both of you, along with many others, from VJ in my prayers.

    Take care and I hope you have a great afternoon. ;-D

    Hi i think we almost have the same situation, i had my interview just this october 2012. But my fiance just got layed off from his work. Is cosponsor will work as a replacement of Letter of employment. Though my fiance is still payed by his company, it is really impossible for him to get a letter of employment since they announced laying off of a lot of employee. My fiance meet the required income. And if incase we will need a cosponsor, 3 of his family member is willing to help us and be our cosponsor. The only issue is he just got layed off.

  18. Usually, a letter of employment states when the employee was hired, how much the employee is making and most importantly that the company has every expectation of continuing to employ the employee for the foreseeable future. If you fiance asked his employer to lie in the letter of employment that they would continue to employ him even after he was notified that he would be laid off then of course his request for letter of employment would be denied.

    If they told you that you may use co-sponsors then use them.

    And he is still paid until now. So we dont get it why he cant have a letter from them

  19. Usually, a letter of employment states when the employee was hired, how much the employee is making and most importantly that the company has every expectation of continuing to employ the employee for the foreseeable future. If you fiance asked his employer to lie in the letter of employment that they would continue to employ him even after he was notified that he would be laid off then of course his request for letter of employment would be denied.

    If they told you that you may use co-sponsors then use them.

    No my fiance didnt asked his employer to lie about his employment. He just asked for a letter and the company asked my fiance to mail paper which they will suppose to mail it back. That is the 2nd time he asked for a letter. His first attempt was when he is still here, he personally asked them also but like i said they seemed really strict. For some reason we cant understand. So thinking that his paystub would be enough proof, we just stick with the paystub.

    Is it possible to use cosponsor as a replacement of employ,ent letter along with a personal letter stating his statis now.

  20. the USEM Manila has been know to deny K1 visa petitions with co-sponsors. However, each case or petition is approved/denied based on its own unique merits. That being said, the USEM Manila has also been known to approve K1 visa petitions that have co-sponsors. I truly believe that when a petition is denied by the USEM it is because of issues with the petitioner and not solely because of the need for a co-sponsor. But, since you are applying for your visa in Kuwait using a co-sponsor may not be a problem. Your fiance', the USC is going to need a letter of employment, this is a requirement. Also, his ITR should be enough for the domicile requirement.

    Best of luck!

    Well true that we need a letter of employment, but as i have said, his company announced laying off of people and my fiance is one of them. So basically we cannot have a letter of employment anymore. Although we tried to get one, but they refused. They asked my fiance to email some paper with his signature but then he was informed that they will not give him as his employment is ended. But currently, he is still getting paid from his employer now. So my concern is if we cant have a letter of employment, do you think a cosponsor will work as a substitute of letter of employment just to prove that we will never ever be a public charge in the u.s.. And thank you for trying to help :) are you with my same situation?

  21. You need a co sponsor, choose the most qualified of those that are willing and get those forms. If you don't have a place back in the states you need to show that you have plans to live there as that is the intent of the visa. Also that he has something to make money. Will is father offer a job on return ? Would he put that in writing ?

    We have a place back in the u.s he have his own house and living all by his self. And his dad will be one of the cosponsor. We are still trying to consider using his dad as an employer at the same time. And my fiance will work for his dad. Also, my fiance is also planning to have his own business, which he is starting to buy things he need for the business like the new truck. Is it not possible to consider co sponsor until such time he can get a better job

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