Fiance to receive gov't assistance and affadavit questions

[layne 0]

My fiance (he's a US citizen) is not working right now due to severe depression issues. He has filed to begin receiving money from the government to live each month which should come into effect at the end of summer. In the I-134 it says that he has to be able to support me, and I can't go off trying to get food stamps or something (I totally plan on getting a job and working), but will him already being on government assistance be a problem? I saw in a different thread that someone had their father co-sign, so would this be something he would need? Is there a special form for that? Would it be better to apply for the K1 before he starts receiving assistance or after? Will it help that I have been employed at the same place for many years without any breaks, or will that not make a difference at this point?

[Anh map 2,098]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

[defunct 0]

You questions are addressed in the Affidavit of Support Tips guide.

Being on government assistance may be an issue if it's viewed as a permanent arrangement. Your employment history and/or assets will have no bearing on the evidence of support requirement.

If your fiance is getting help and will actively be working towards future employment, then you may want to still go ahead with filing the petition. Approval can take several months, then once NOA2 is sent, you have up to 4 months to schedule your consulate interview. This can be extended if needed. So essentially you will have 6+ months from the file date until the I-134 even becomes an issue.

Good luck.

Edited April 3, 2009 by eyoa

[Ning 619]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

[iLoveAPolishGirl 0]

Ricker, it seems you have some alternate info to offer? If so, I'd be interested in learning as well!!

Or, from anyone else who has knowledge!!

If someone has a (reasonably) long history of working, then in this tight economy is laid-off shortly before a K-1 interview is due to come up... how should one handle this?

Should they seek a co-sponsor? You seem to say no!!

Should they count income from unemployment insurance?

Does income for the current year prior to getting laid off count in some way? Let's say someone has already made 125% of poverty or better in that year and THEN gets laid off and goes on unemployment... does that count?

And, of course, as already stated, if unemployment insurance claims are currently above the 125% income level, is that or is that NOT considered viable income?

What about a combination of salary prior to unemployment + unemployment insurance?

This is not (yet) a problem for me, but hey!! I'm interested in knowing, as I'm sure many others are to, given these troubled times

dvc

[layne 0]

Thanks very much for the information!

[Anh map 2,098]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

While both of us have gone through embassies that do not allow cosponsors on the I-134 there are some that do.

OP did not indicate immigrant's country and should find out if it's possible in their case.

[dagnytaggart 0]

I am currently unemployed and am going through the same situation. I do receive unemployment benefits that put me above the poverty line. But here is the real deal about unemployment benefits and co-sponsors for the K visa. Some consulates/embassy's consider unemployment as income and some do not also some will accept a co-sponsor and some will not. What I had done was called the consulate and spoke with the visa chief to get the right information. It turns out at the consulate I am going through do not consider unemployment as a form of income but do accept a co-sponsor for K-1 visas.

Your best bet is to first read the guides then contact the embassy/consulate you are going though and talk to the visa chief. That is really the only way you will now for sure. You can call them or email them. I would recommend emailing because then you will get their response in writing and you can print it out and put it in a file for the interview in case there are any problems. I should have done that but I didn't.

Good luck!

Edited April 3, 2009 by dagnytaggart

[layne 0]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

While both of us have gone through embassies that do not allow cosponsors on the I-134 there are some that do.

OP did not indicate immigrant's country and should find out if it's possible in their case.

I'm from Canada. Will a cosponsor be allowed?

Thanks for the info, dagnytaggart!

Edited April 3, 2009 by layne

[defunct 0]

I'm from Canada. Will a cosponsor be allowed?

Absolutely. You can email this question to the consulate after you've received packet 3 to ensure that the government assistance will not be a problem even with a co-sponsor. If it is a problem, then you can extend the 4 months so your fiance can look at his options of finding employment.

[Gary and Alla 3,694]

My fiance (he's a US citizen) is not working right now due to severe depression issues. He has filed to begin receiving money from the government to live each month which should come into effect at the end of summer. In the I-134 it says that he has to be able to support me, and I can't go off trying to get food stamps or something (I totally plan on getting a job and working), but will him already being on government assistance be a problem? I saw in a different thread that someone had their father co-sign, so would this be something he would need? Is there a special form for that? Would it be better to apply for the K1 before he starts receiving assistance or after? Will it help that I have been employed at the same place for many years without any breaks, or will that not make a difference at this point?

You need a co-sponsor. No "speical form" needed but the co-sponsor AND your fiance both need to provide an I-134 with supporting documentation, even if your fiance currently has no income. You should not plan on being able to work for 3-6 months after arriving as that will be the time needed to obtain an EAD or CGC.

[Gary and Alla 3,694]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

The use of a co=sponsor is allowed and nearly all consulates. There are a few that do not allow it. Generally speaking, it is good advice.

The nature of this process is that VJers will have, usually, ONE instance of "practical experience" and then rest is independent study of other cases. As much as we would all like to "collect them all" and experience the joys of K-1 petitioning all over the world, the IMBRA law took all the fun out of that. I suppose we all make the mistake, sometimes, of assuming that the way the consulate we dealt with is the same for all. It isn't of course. But the majority, even overwhelming majority, of consulates DO allow co-sponsors. Co-sponsors ARE allowed for the AOS and since the I-134 is such a short term agreement it is usually allowed as it will be once the fiancee reaches the USA.

[Gary and Alla 3,694]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

And just as a side note...I have read many of Anh Map's posts and find that he/she/they give good advice and it is very valuable being that they are experienced with one of the more "oppressive" consulates, for lack of better term. I hope he/she/they will continue to give us there insight despite the occasional scolding by less informed members.

We can't all be correct all the time, I often assume the best as my experience with Kiev is with a very "easy" consulate. But that IS the purpose of public forums, to allow the OP to gain a concesus of opions and experience. The OP is using the Canadian consulate and will most definitely be allowed a co-sponsor if they so choose.

[pushbrk 13,124]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

And just as a side note...I have read many of Anh Map's posts and find that he/she/they give good advice and it is very valuable being that they are experienced with one of the more "oppressive" consulates, for lack of better term. I hope he/she/they will continue to give us there insight despite the occasional scolding by less informed members.

We can't all be correct all the time, I often assume the best as my experience with Kiev is with a very "easy" consulate. But that IS the purpose of public forums, to allow the OP to gain a concesus of opions and experience. The OP is using the Canadian consulate and will most definitely be allowed a co-sponsor if they so choose.

Yes, one of the most important things we learn here is that procedures and policies vary significantly based on the Conslulate. Another is to learn when we have enough information to give a correct answer and when we need to ask for clarification instead of answer. People applying for N/A visas, who state no country in their profile often get some strange responses.

On topic directly, the outcome with a co-sponsor is quite likely to depend on what kind of benefits are being received. If it's a long term disability claim, a solid co-sponsor and later "joint sponsor" for the I-864 may be ok but unless the Consular officer can see the intending immigrant as unlikely to become a public charge, there could be big problems. We really need more information. I've seen even people on Soc. Security Disability get turned down with co-sponsors for K visas in countries that generally accept co-sponsors.

Edited April 3, 2009 by pushbrk

[Ning 619]

It sounds like a co/sub/joint sponsor will be needed. The sponsor needs to prove current income that is sufficient.

Completely incorrect. The question has to do with a K type visa. The use of a co-sponsor is NOT allowed. Check it out yourself before you give this useless advise over & over as you have been doing.

I hope people that read your posts will realise you just dont have a clue & dont seem to care if you are right or not.

This site is about helping people. That may include the ability to remain silent.

While both of us have gone through embassies that do not allow cosponsors on the I-134 there are some that do.

OP did not indicate immigrant's country and should find out if it's possible in their case.

Which Embassys allow the use of the co-sponsor in K 1 cases? I have not seen one person that was allowed to use the co-sponsor. Please post a list of the ones you are sure will allow it. This could help myself & others in the future.

I should have remained silent on this because as you say the OP didnt give enough information. I'll take my own advise & wait to see what you come up with.

I have read some of the other posts & stand corrected & educated on this issue. Sorry to Anh map for my comments.