k1 visa co-sponsor question ...Help !!

[fys 0]

Hello :-)

I was hoping someone can help ....

I will be having my sister and her husband co-sponsoring for the k1 fiancee process, as i make/show less than the minimum required .

in 2008 , my sister and husband filed seperate though , and together , they are well over the minimum required , but seperatly they are not.. is that okay ?? can i send in both of their w2 that show income : line 22 of 1040 form ??? in 2009 , they decided to file jointly , so that is fine, but in 2007 my sister was not married yet, and her taxes do show over the minimum amouont required also, so thats fine ... so, can i add the 2 filed taxes for 2008 ?? or am i out of luck because my sister filed seperate and is under the minimum by herself ??

thanks , i hope that makes sense ...

[Anh map 2,098]

The K1 uses the I-134. Incomes cannot be combined using the I-134. The sponsor must be able to meet the income requirement for their household plus the intending immigrant(s). Even if a sponsor files a joint tax return their current individual income must meet the requirement.

At the Adjustment of Status phase the I-864 affidavit of support is used. That does allow for sponsor incomes to be combined (in certain circumstance).

[fys 0]

thank you for the response...

so, when you say current income.. can they show their paystubbs for the last few months or so , that will show they are above the required minimum ... ? if my sister's 2008 taxes show the income as less than the minimum ?? but my sister's 2007 are fine , the 2008 are less then required , the 2009 are fine .. is this okay ??

or do i need to get a different co-sponsor ??

i am confused though .. so i can'r have both my sister and her husband co-sponsor ?? i have to pick one of them only ??

thanks -

[twowls 217]

thank you for the response...

so, when you say current income.. can they show their paystubbs for the last few months or so , that will show they are above the required minimum ... ? if my sister's 2008 taxes show the income as less than the minimum ?? but my sister's 2007 are fine , the 2008 are less then required , the 2009 are fine .. is this okay ??

or do i need to get a different co-sponsor ??

i am confused though .. so i can'r have both my sister and her husband co-sponsor ?? i have to pick one of them only ??

thanks -

What consulate will your beneficiary be having his/her interview at?

The basic, safe answer is that any joint sponsor you use must meet the requirements alone. I had two separate joint sponsors, and I was ready to whip out the second if the first proved unworthy. In the end, neither were requested. You can't have a joint sponsor packet made up of two people, no.

If I were you and it's possible without too much pain, I'd get a different sponsor who can meet the requirements with the full roster of evidence at hand. If you can't find one and you're at a relatively mellow consulate, the current paper trail for your sister might be okay. But "ifs" don't feel good when you're going in for the interview, so I would try to find a slam-dunk solid candidate.

[fys 0]

What consulate will your beneficiary be having his/her interview at?

The basic, safe answer is that any joint sponsor you use must meet the requirements alone. I had two separate joint sponsors, and I was ready to whip out the second if the first proved unworthy. In the end, neither were requested. You can't have a joint sponsor packet made up of two people, no.

If I were you and it's possible without too much pain, I'd get a different sponsor who can meet the requirements with the full roster of evidence at hand. If you can't find one and you're at a relatively mellow consulate, the current paper trail for your sister might be okay. But "ifs" don't feel good when you're going in for the interview, so I would try to find a slam-dunk solid candidate.

Thanks ? for the response :-)

my fiancee is from Peru , so, if i use my sister as the co-sponsor does she have to meet the requirments for the last 3 years ? or is it okay the last year mainly ? i am still confused .. can both my sister and her husband co-sponsor ?? or so i need to pick one ? will the consular add both my sister's and her husband's income together ? if so, then they do meet the requirments ...

sorry , if i seem worried ... i just cant seem to get any answers ... my sister makes well over the requirement , however, after all the deductions etc.. because they own 2 homes and other rental properties, etc... her stated income on line 22 on 1040 form on the w2 is less than the required amount ..it's like $15,000 ... but she makes like $40,000 per year at her job ...

i am so stressed ...

[Anh map 2,098]

Current means now, 2010. The cosponsor's (one person only) salary/wages for this year (annualized, not year to date) must meet the income requirement. Two person's income cannot be combined for the I-134.

For example: if a person's salary is $2000 per month, their annual salary would be $24,000. It does not matter that by September they only received $18,000 of their salary.

[twowls 217]

Thanks ? for the response :-)

my fiancee is from Peru , so, if i use my sister as the co-sponsor does she have to meet the requirments for the last 3 years ? or is it okay the last year mainly ? i am still confused .. can both my sister and her husband co-sponsor ?? or so i need to pick one ? will the consular add both my sister's and her husband's income together ? if so, then they do meet the requirments ...

sorry , if i seem worried ... i just cant seem to get any answers ... my sister makes well over the requirement , however, after all the deductions etc.. because they own 2 homes and other rental properties, etc... her stated income on line 22 on 1040 form on the w2 is less than the required amount ..it's like $15,000 ... but she makes like $40,000 per year at her job ...

i am so stressed ...

Okay go slowly with me: the consulate will NOT add their incomes together. No. If your sister makes 40,000 a year and has evidence to back that up, that's fine. She should get a letter from her employer stating her salary, gather pay stubs showing her salary, gather w-2s stating her income, and include tax transcripts.

And if you are concerned her documents Do Not show income above the threshold (which they should, and they seem to, despite your mention of a reduced income based on property, which makes no sense to me), you should find a different joint sponsor.

It is alright that your sister only meets the requirements currently. Not ideal, but it's okay. If you're worried and there's someone else you can ask, ask. But if you get all the paperwork together for your sister and she currently makes more than 25,000 a year or so, it should be fine.

[fys 0]

Okay go slowly with me: the consulate will NOT add their incomes together. No. If your sister makes 40,000 a year and has evidence to back that up, that's fine. She should get a letter from her employer stating her salary, gather pay stubs showing her salary, gather w-2s stating her income, and include tax transcripts.

And if you are concerned her documents Do Not show income above the threshold (which they should, and they seem to, despite your mention of a reduced income based on property, which makes no sense to me), you should find a different joint sponsor.

It is alright that your sister only meets the requirements currently. Not ideal, but it's okay. If you're worried and there's someone else you can ask, ask. But if you get all the paperwork together for your sister and she currently makes more than 25,000 a year or so, it should be fine.

Thank you twowls .. makes sense .... i guess i was just worried about the stated income on line 22 of the 1040 ,,, which is what i was told the immigration people will look at ... but if you think that if my sister's salary is enough then that is great !

cheers :-)

Current means now, 2010. The cosponsor's (one person only) salary/wages for this year (annualized, not year to date) must meet the income requirement. Two person's income cannot be combined for the I-134.

For example: if a person's salary is $2000 per month, their annual salary would be $24,000. It does not matter that by September they only received $18,000 of their salary.

Thank You Anh Map ...

good answers :-) you have helped alot ...

[Anh map 2,098]

Thank you twowls .. makes sense .... i guess i was just worried about the stated income on line 22 of the 1040 ,,, which is what i was told the immigration people will look at ... but if you think that if my sister's salary is enough then that is great !

cheers :-)

Thank You Anh Map ...

good answers :-) you have helped alot ...

For a self employed person, line 22 is the key. For a person earning a salary/wages, the earning amount is what is typically evaluated.

[fys 0]

For a self employed person, line 22 is the key. For a person earning a salary/wages, the earning amount is what is typically evaluated.

my sister has both, a "9-5 job" and her salary is around $45,000 per year , and she is a real estate agent part time "self employed" ....

she just told me the following : her W2 wages/salary etc.. for 2007 through current is over $45,000 per year stated on her W2 sheets .. but on line 22 on the 1040 form , for years 2007 and 2008 are over $50,000 per year , but for 2009 , even though her W2 form states $53,000 , on the 1040 form, on line 7 her 1040 shows $53,000 , and line 17, it shows minus $38,000 , so on line 22 it shows only $15,000 .. because she has rental property she owns .. and takes a loss ...

but is this okay ?? can we still use my sister as a co-sponsor.... i am really hoping we can... can we just show her W2 forms to the consular showing she makes almost $50,000 per year ?? and bank account balances etc....