Jump to content
GuardianOne

Affidavit of Support Issues/Question

 Share

9 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Philippines
Timeline

I went to see my fiance a few months ago and when I arrived I found out I was laid off and ended up staying with her for two months.

How will this effect my Affidavit of Support? How do co-sponsors work? Will we be denied because I am currently unemployed? Not sure when I will find a job, and if I do will they make a fuss if I was in a job for 2 years, got unemployed and was just hired before the interview?

I don't want this to cause any issues. I just submitted our K-1 Visa today, so I have a few months to find a job, but then what?

Edited by GuardianOne

My Fiance: GuardianAngel

K-1 Visa Timeline:

Service Center: California Service Center

Consulate: Manilla, Philipines

I-129F Sent: July 23, 2009

Check Cashed: July 29, 2009

NOA1: July 28, 2009

NOA2: October 21, 2009

Left NVC: October 28, 2009

Medical Passed: December 15/16, 2009

Interview Passed: January 19th, 2010

Air21 Confirmation: January 25, 2010

Visa received: January 26, 2010

CFO Completed: January 27th, 2010

Flight to US: Febuary 3rd, 2010

MARRIED!: March 20th, 2010

AOS Timeline:

AOS, EAD, AP Filed: April 29, 2010

AOS, EAD, AP NOA1: May 6th, 2010

EAD, AP Biometrics: May 25th, 2010

Link to comment
Share on other sites

If you just submitted the K-1 - you don't have to worry about the I-134 till interview time.

Just get a new job prior to that. It should not matter if you have a new job prior to the interview. (all though you will have to probably show more evidence of income)

Co-sponsor works by filling out the form (taking responsibility for your benificiary) that you will fill out (I-134).

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites

Also, do you have any assets? And does your fiancee? Believe me, that will help a lot! We were approved with assets, because Tim doesn't earn near the 125% level. Cars, homes, IRA'S, stocks bonds...anything..

A co sponsor will have to fill out a separate affidavit of support, (as so do you), and be able to show that they can support the size of their own household, plus your fiancee. Find yourself a job, any job, right now, because that too will help.

Best wishes for you job hunting!

K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

I own a car, but that's about it. I'm fairly young (Early 20's) so I don't own a house, etc. If assets me my household items, I do.

If I want a co-sponsor, are there any documents to guide me through this? Right now I'm on unemployment, and if I can't find a job by the time her interview comes up will they have an issue with that if I list a co-sponsor?

My Fiance: GuardianAngel

K-1 Visa Timeline:

Service Center: California Service Center

Consulate: Manilla, Philipines

I-129F Sent: July 23, 2009

Check Cashed: July 29, 2009

NOA1: July 28, 2009

NOA2: October 21, 2009

Left NVC: October 28, 2009

Medical Passed: December 15/16, 2009

Interview Passed: January 19th, 2010

Air21 Confirmation: January 25, 2010

Visa received: January 26, 2010

CFO Completed: January 27th, 2010

Flight to US: Febuary 3rd, 2010

MARRIED!: March 20th, 2010

AOS Timeline:

AOS, EAD, AP Filed: April 29, 2010

AOS, EAD, AP NOA1: May 6th, 2010

EAD, AP Biometrics: May 25th, 2010

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

You still have a few months to provide adequately the requirements within the I-134. I am sorry you have none for now. Yes, you can produce legal evidence of your assets and bank liquidity, insurance anything that you can think of. I hope your fiancee also has assets she can show that is equal to that of the immigration requirements.

YES. You need a co-sponsor especially if you can not find a job with suitable income based on the poverty guidelines. Your co-sponsor can be anybody, as long he/she is a US Citizen and must provide proof showing that she/he meets the requirements of the I-134.

The thing is, the US Embassy in Manila are notorious for not being too happy about co-sponsorships on K1 visas.

Mr. and Mrs. Jaime Ferdinand Espiritu

request the honor of your presence

at the marriage of their daughter

Angelie Helena

to

Gregory William Preston

Thursday, the Fifth of November

Two Thousand and Nine

at Six O'clock in the Evening

Preston Estate

Wetherington Drive, Cincinnati

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

moving thread:

US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

YMMV

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

The thing is, the US Embassy in Manila are notorious for not being too happy about co-sponsorships on K1 visas.

Does this mean they will deny us for a second sponsor, any more details?

I was making WAY over the minimum when I was employed. I have a stable work history and it's because of the times I got laid off. They can't hold that against me. I can submit my old pay stubs and my tax returns to show I was making more than enough to support my fiance. I am just looking for a job in my pay range which is taking longer than expected.

If I get a job a month before I sent in the affidavit of support, will they deny me, or if my bank account is low? I spent two months with my fiance after I got laid off and used most of my savings.

I'm just worried that if we get that far that it will be denied.

My Fiance: GuardianAngel

K-1 Visa Timeline:

Service Center: California Service Center

Consulate: Manilla, Philipines

I-129F Sent: July 23, 2009

Check Cashed: July 29, 2009

NOA1: July 28, 2009

NOA2: October 21, 2009

Left NVC: October 28, 2009

Medical Passed: December 15/16, 2009

Interview Passed: January 19th, 2010

Air21 Confirmation: January 25, 2010

Visa received: January 26, 2010

CFO Completed: January 27th, 2010

Flight to US: Febuary 3rd, 2010

MARRIED!: March 20th, 2010

AOS Timeline:

AOS, EAD, AP Filed: April 29, 2010

AOS, EAD, AP NOA1: May 6th, 2010

EAD, AP Biometrics: May 25th, 2010

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

You can't prove you WERE making enough, they wanna know that you ARE making enough to support your fiance. If you're not employed at the time of the interview and can prove you can support her you WILL need a co-sponsor, even if Manilla is not happy about it. My tip would be to use a family member as a co-sponsor if that's the case, as sometimes they frown even more about friends doing this.

For questions about the affidavit for the co-sponsor (and yourself) please read the guides, the example forms, and do a search in this forum for co-sponsor affidavits and you'll find lots of threads explaining exactly how it works.

:guides:

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Just to clarify a few points...

You can use assets to offset any shortage in income, but you must be able to demonstrate that you actually own the asset, and provide some proof of it's value if sold. You have to subtract anything you still owe on the asset (i.e., if you have a loan on it). You can only list assets you could convert to cash in 12 months, and only if the sale of the asset won't cause hardship or severe financial loss. You can't list your primary car (sale would presumably cause hardship), but if you own more than one car you can list the second, third, etc. The total value of the assets has to be at least 3X the shortage in annual income in order to meet the threshold for sponsorship.

A joint sponsor does not have to be a US citizen. An LPR can also be a joint sponsor. They also don't have to be related to you, and don't have to live near you. An old friend who lives on the other side of the country could be a joint sponsor, providing they meet the financial requirements.

Having said that...

Manila is known to reject visa applications involving joint sponsors with K1 applications. Some people have said this is only a rumor, and some people have had visas approved in Manila with a joint sponsor. However, there are plenty of posts in the Philippines regional forum from people who were denied with a joint sponsor, and 'public charge' was cited as the reason. I recall reading a post from one member who had written to the US Embassy asking about their policy regarding joint sponsors. They got a response from a consular officer that explained that the embassy is generally reluctant to accept a joint sponsor with a K1 application because they believe the primary sponsor should be able to support their fiancee. They DO have this discretion with the I-134. There is nothing specific in the I-134 instructions that allows for a joint sponsor, so it's a judgment call for the consular officer. They also said they are more likely to consider a joint sponsor if it's an immediate family member (mother, father, etc.), since they feel it's less likely that a family member would renege on their obligation to provide support to the immigrant.

If I were you, my priorities would be:

1. Find a job with an income that meets the requirements for sponsorship.

2. Line up a joint sponsor (preferably a family member) just in case.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...