co-sponser

[mkl 0]

Hi. here's my situation.. I suffer from cronic myelogenous leukemia (CML). I have been in remission for about 5 years now with medication that cost nearly $4,000.00 per month to combat this (illiness). Because I have leukemia I had to quit my previous job as a truck driver. And then after I got it under control, now I can't find work because my cancer is considered a pre-existing condition and I was told I was uninsurable so I was forces to go on SSI. I met a wonderful woman on the internet 3 years ago, flew to Hong Kong and met her personaly and fell more in love with her. We desided to apply for a fiance and have her come here to be with me as I can't live there because of my meds are so expensive. Now we have went thru the whole process and our visa was suspended because the income I recieve is considered government support, (welfare) even tho I worked hard since I was 17 and joined the Army during Vietnam. I wish I knew about VISA JOURNEY when I started all this then I would have taken a different approach. Right now we're at a stand still until I can find a co-sponser to help us. But to all youon Visa Journey I want to thank you for all your help and suggestion you have given me.

[JimVaPhuong 4,863]

Hi. here's my situation.. I suffer from cronic myelogenous leukemia (CML). I have been in remission for about 5 years now with medication that cost nearly $4,000.00 per month to combat this (illiness). Because I have leukemia I had to quit my previous job as a truck driver. And then after I got it under control, now I can't find work because my cancer is considered a pre-existing condition and I was told I was uninsurable so I was forces to go on SSI. I met a wonderful woman on the internet 3 years ago, flew to Hong Kong and met her personaly and fell more in love with her. We desided to apply for a fiance and have her come here to be with me as I can't live there because of my meds are so expensive. Now we have went thru the whole process and our visa was suspended because the income I recieve is considered government support, (welfare) even tho I worked hard since I was 17 and joined the Army during Vietnam. I wish I knew about VISA JOURNEY when I started all this then I would have taken a different approach. Right now we're at a stand still until I can find a co-sponser to help us. But to all youon Visa Journey I want to thank you for all your help and suggestion you have given me.

You're right, it's too bad you didn't find this site sooner. You would have known about the income and affidavit of support being a potential problem, and had more time to prepare for it.

Consulates are given the broad directive of determining the likelihood that a K1 beneficiary will become a "public charge" in the US. Someone is considered a "public charge" if they collect "means tested benefits" from the government. Consulates have a lot of discretion in how they make this determination, so the standards vary a lot between the different consulates. Most consulates use the I-134 affidavit of support for K1 applications. Because the I-134 doesn't have any clear guidelines about who is and is not qualified to be a sponsor, most consulates apply the guidelines for the I-864 affidavit of support (to some degree). This is the part that tripped you up at the interview. SSI is considered a "means tested benefit", and cannot be considered as income for the I-864. Therefore, most consulates won't consider it as income for the I-134.

Consulates also vary widely in their acceptance of co-sponsors. The rules they apply are often a blend of the I-134 rules, the I-864 rules, and sometimes even additional rules the consulate adopts on their own. They can do this because the law doesn't specifically say how the consulate will make the "public charge" determination.

You will have to find one co-sponsor who is either a US citizen or legal permanent resident, and who resides in the United States. That co-sponsor must have an income which is at least 125% of the poverty level for their household size. For the purposes of the affidavit, their household size includes themselves, your fiancee, and anyone else they support or have previously signed an affidavit of support for. There is anecdotal evidence that the Embassy in Manila prefers that a co-sponsor be a relative of the petitioner. I remember reading that a consular officer confirmed this in an email to a VJ member.

Besides the affidavit of support, new immigrants are generally not eligible to receive any means tested benefits for at least 5 years after they become legal permanent residents. This means that your benefits will probably not be adjusted when your new wife becomes your dependent. However, if she begins to work in the US then her income may affect your eligibility. I'm not well studied in this area, so you might want to consult with an attorney or SSI consultant.

[mkl 0]

JimVaPhuong.. Thanks for all the info. It was very helpful.

[mkl 0]

My fiance" is asking a distant relitive of her's(Retired head nurse & the Husband is a retired U.S forest ranger)to help. They are Filipino-Chinese and lived in the U.S for over 30 years. From what my fiance' is telling me they do own a lot of property and make well over the 125% poverty guidelines, but again they just retired in 2008. Do you or anyone think this is a problem?? Thanks