HELP, Losing sleep over K1 sponsor visa (MANILA)

[val&aimee 0]

he barely makes it, if my grandmother was not included as a dependent we would be completely off the hook, far far far away from the hook. but when their salaries are combined they can support a family of 10 even 11. there is plenty to go around. I am willing to accept that they might not accept multiple sponsors even if an acquaintance of mine who is an immigration lawyer told me "There is no limit on the number of joint sponsors, but each joint sponsor must meet the 125 percent of the poverty line income requirement for their household size"

but i cant accept nor understand why my mom should be listed as dependent on my dad. if that were the case, and if that were the basis for determining poverty guidelines for each household in America, then my goodness, many many many Americans would become part of the national poverty statistic. for example a family of 8 needs $46,000+ to pass the poverty guidelines. I dont think one person can cover all 8 people! Not unless he has a really high paying job. Not everyone is an Engineer or a Doctor, thats why only those women who have husbands with those professions can afford to be stay at home wives/moms. and besides since none of her income will be counted towards financially supporting the household size and that my father will carry the responsibility of supporting the whole household, technically she has the entirety of her salary all to herself and it is more than enough to support herself.

It's not that i dont believe in what pushbrk had to say, I take all of your advise very seriously. Im just probably looking for a way to give myself peace of mind...haha im going crazy... i wish it was the 10th already!!! so I can finally get the answers to questions i have been researching since Monday and only getting about 2 hrs of sleep each night 'cuz of worrying

God Help Us.

[JimVaPhuong 4,863]

I am willing to accept that they might not accept multiple sponsors even if an acquaintance of mine who is an immigration lawyer told me "There is no limit on the number of joint sponsors, but each joint sponsor must meet the 125 percent of the poverty line income requirement for their household size"

He's absolutely right. There is no limit on the number of joint sponsors. But, if each joint sponsor must meet the qualifying criteria of 125% of the poverty guidelines for their household size, what would be the point of providing more than one? Once you have one co-sponsor that qualifies, you've met the requirements. Why provide more?

What you alluded to before was your mom and dad both being co-sponsors, and combining their income to meet the requirements. The I-864 provides a way for a household member to specifically join their income with the sponsor in order to help qualify via the I-864A. The I-134 doesn't provide any way to do this.

but i cant accept nor understand why my mom should be listed as dependent on my dad. if that were the case, and if that were the basis for determining poverty guidelines for each household in America, then my goodness, many many many Americans would become part of the national poverty statistic. for example a family of 8 needs $46,000+ to pass the poverty guidelines. I dont think one person can cover all 8 people! Not unless he has a really high paying job. Not everyone is an Engineer or a Doctor, thats why only those women who have husbands with those professions can afford to be stay at home wives/moms. and besides since none of her income will be counted towards financially supporting the household size and that my father will carry the responsibility of supporting the whole household, technically she has the entirety of her salary all to herself and it is more than enough to support herself.

Yeah, I tend to agree with this. My feeling is that they shouldn't consider her a dependent unless the sponsor specifically says she is dependent on them for support. If they are going to conclude that she is a dependent on the basis of the joint tax return, then they should also be willing to consider her income. But, the consulate can read the evidence any way they choose to.

The national poverty statistics are based on total household income, and not necessarily on the income of a single person. That's all well and good for the purpose of collecting statistical information, but your dad's entire household isn't sponsoring your fiance. The consulate needs a single name on the signature line, and they need to see that the person signing the form meets the requirements to sponsor an immigrant. The last thing they want to do is issue a visa to someone, have them arrive in the US, get married, and then not be able to find a sponsor who qualifies to sign a binding contract to support them for a green card.

This all gets kind of fuzzy because your mom and dad's income is combined on their tax returns. Likewise, you would presume that the dependents they claim are supported from that combined income. It doesn't seem fair that they would consider only his income in determining whether he qualifies, and also consider him entirely responsible for supporting the dependents claimed on the tax return. That would presume that your mother's income isn't used at all in supporting those claimed dependents, which is kind of silly.

If this concerns you, then list your grandmother and your brother as "partially dependent", and have him write a letter explaining that they are both supported from the combined income declared on the joint tax return, so they are only partially dependent on his income alone. If you really want to try to close all the gaps, have your dad include a statement in the letter that he will sign an I-864 when the time comes, and have your mom include a letter stating that she will sign an I-864A. Remember - you're not trying to cross some invisible finish line with a number on a form. You're trying to convince the consular officer that there's no chance your fiance will become a public charge. At this point in the process, that's the only thing a consular officer is charged with determining. Manila can be very picky when it comes to co-sponsors, but it's generally prudent to always provide more than enough evidence to convince them.

Stop worrying. I think you'll be fine.

[val&aimee 0]

Yeah, I tend to agree with this. My feeling is that they shouldn't consider her a dependent unless the sponsor specifically says she is dependent on them for support. If they are going to conclude that she is a dependent on the basis of the joint tax return, then they should also be willing to consider her income. But, the consulate can read the evidence any way they choose to.

This all gets kind of fuzzy because your mom and dad's income is combined on their tax returns. Likewise, you would presume that the dependents they claim are supported from that combined income. It doesn't seem fair that they would consider only his income in determining whether he qualifies, and also consider him entirely responsible for supporting the dependents claimed on the tax return. That would presume that your mother's income isn't used at all in supporting those claimed dependents, which is kind of silly.

If this concerns you, then list your grandmother and your brother as "partially dependent", and have him write a letter explaining that they are both supported from the combined income declared on the joint tax return, so they are only partially dependent on his income alone. If you really want to try to close all the gaps, have your dad include a statement in the letter that he will sign an I-864 when the time comes, and have your mom include a letter stating that she will sign an I-864A. Remember - you're not trying to cross some invisible finish line with a number on a form. You're trying to convince the consular officer that there's no chance your fiance will become a public charge. At this point in the process, that's the only thing a consular officer is charged with determining. Manila can be very picky when it comes to co-sponsors, but it's generally prudent to always provide more than enough evidence to convince them.

Stop worrying. I think you'll be fine.

Thanks man, all you just said totally encouraged me. finally someone finally backs up some of my theories. Well the interview is on the 10th...5 more days yikessss! one more quick question, should i scan and send my fiance my parents most recent pay stubs as well? i sent their affidavit notarized and everything, their 3 most recent ITR w2's and employment letters. i sent all my pay stubs to him like a whoollle bunch of them (including the place i worked before getting this new job) but i didnt send theirs. Yeah i also want to prove that he will not become a public charge, i guess the whole finish line thing is coming from worrying because of the complicatedness of the situation

a. new job, not been there for a long time

b. me barely passing the poverty guideline

c. not having a big enough salary previous years

d. things i read on here saying they dont accept joint sponsors

e. the whole joint income tax return of my parents

ayaaaa. so overwhelming, but since todays responses ive stopped worrying and learning to smile again.

thank you so much for sharing your knowledge and taking time out of your day to do that.

i hope on the 10th i come with good news here on visajourney.!

[val&aimee 0]

oh and i also included their bank account statements. So do I still need to send their pay stubs? or was that just for the primary sponsor? Im also going to scan my dads GC and have my fiance print it there, and also my diploma even if already sent him my unofficial transript.

[JimVaPhuong 4,863]

oh and i also included their bank account statements. So do I still need to send their pay stubs? or was that just for the primary sponsor? Im also going to scan my dads GC and have my fiance print it there, and also my diploma even if already sent him my unofficial transript.

As I was reading your post I was getting ready to remind you that you should provide proof of your dad's legal status in the US, but you've already got that covered!

I don't think you need to provide his pay stubs. You've got sufficient evidence of his income.

[val&aimee 0]

As I was reading your post I was getting ready to remind you that you should provide proof of your dad's legal status in the US, but you've already got that covered!

I don't think you need to provide his pay stubs. You've got sufficient evidence of his income.

nice thanks a wholeee bunch, ill post the outcome of his interview on the 10th no matter what the outcome, so others can learn of this sort of situation as well.

btw u guys have the cutest picture ever!

[val&aimee 0]

Just got a text message from his brother! his visa was approved guyssss!!! no details yet waiting for him to get home thank you so much guys all of your pointers were of great help!

[JimVaPhuong 4,863]

Just got a text message from his brother! his visa was approved guyssss!!! no details yet waiting for him to get home thank you so much guys all of your pointers were of great help!

CONGRATS!!!

[pushbrk 13,133]

This sounds reasonable to me, as well, though pushbrk could be correct about the consulate including your your mother in your dad's household size. Is your dad's income high enough to qualify if his household size were determined to be 5?

A spouse is part of any household, so the Consulate will determine the household size includes Dad, Mom, Grandma, Brother and the intending immigrant. If Dad's income is sufficient, no problem. You don't get to determine household size. The Consular officer will do it based on the information in the affidavit and on the tax returns.

[JimVaPhuong 4,863]

A spouse is part of any household, so the Consulate will determine the household size includes Dad, Mom, Grandma, Brother and the intending immigrant. If Dad's income is sufficient, no problem. You don't get to determine household size. The Consular officer will do it based on the information in the affidavit and on the tax returns.

True in the case of the I-864. Not necessarily true with the I-134.

The I-864 specifically requires you to enter "1" for your spouse. The I-864 also provides the opportunity to have the spouse's income considered in combination with the sponsor's income.

The I-134 does not specifically require the spouse to be listed. The I-134 doesn't even require the sponsor to declare their marital status. The I-134 gives you the opportunity to choose who to list, and whether they are wholly or partially dependent on you. There is no requirement that you list your spouse. If the consulate automatically assumes the spouse is dependent on the sponsor, but won't allow the spouse's income to be considered in combination with the sponsor's, then they are applying a standard which is inherently higher than the I-864 standard, and not simply different from the I-864 standard.

As I said, you could be right. Maybe they will automatically include the mother in the household size. However, if I were an attorney and I submitted an I-134 for a co-sponsor who was clearly qualified by the I-864 standards, but was denied because the consulate applied their own arbitrary standard, I'd be filing a lawsuit against the consulate for abuse of discretion.

[val&aimee 0]

CONGRATS!!!

thank you thank you!

he gets here on the 18th, like this friday, im so excited! its like our first date all over again haha