Do I need a co-sponsor

[Julia&Joseph 8]

This being my first post, I would like to take this opportunity to thank the creators and administrators of this wonderful site and to thank all the senior members who help answer everyone questions and to thank all the people who post their experience here...it has been of tremendous help to me and my fiancee during this difficult process. Once again "thank-you".

My question: Do I need a co-sponsor?

My situation: I'm a disabled veteran of the US army and I now receiving a pension from the Veterans Administration. My pension is enough for the 125% income requirement but I do not pay taxes and as I have been disabled for over five years I have no taxes returns for the last five years. I do not even get a 1099 just a letter every year stating my pension amount. I also receive Social Security Disability Insurance as I payed into SS for almost 20 years before I became disabled from my time in the military.

We hired a lawyer to file our K-1 for us and the lawyer says we need a co-sponsor but that is not what I have read at the governments web site. It says I need a co-sponsor if I am receiving "means-tested" benefits. VA pensions nor SSDI are "means-tested" benefits. There is a difference between Social Security Disable Insurance and Supplemental Security Insurance. SSI is "means-tested" SSDI is not. The government web site also says if you do not have tax returns you have to provide a letter explaining why. I had to do a "mail-in" audit by the US treasury department three years ago which shows my income and that Uncle Sam is fine with the fact I receive income but pay no taxes and I though of including that at her interview.

I asked my lawyer why I need a co-sponsor and they said because my fiancee is not "entitled" to benefits. She does not, nor will she receive any benefits. I receive benefits for doing my part for "freedom and democracy" and becoming disabled in the line of duty and one of those benefits is money to support a wife (foreign or domestic) and family now that I am no longer able to work. To my lawyers credit I understand that they want me to do everything to ensure the visa goes through but despite the fact they passed the New York bar exam and have been an immigration lawyer for over a dozen years they have been wrong on two other major issues concerning our visa. I think I can get someone to co-sponsor but i really don't want to go that route as it will take a lot of "groveling" on my part and I will never hear the end of it, so much to the point that we are considering her doing the interview and seeing if it is turned down first and then asking my family member to co-sponsor. It took us 6 months just to get all the paper work to file and now 5 months waiting for NOA2 so we are no strangers to waiting.

So I really wanted to get everyone opinion on this matter because if everyone thinks I do need a co-sponsor I will start groveling to my family member now as all I want is for my fiancee to come home. We just had a baby yesterday. I am the proud father of a newborn son.

[Aztec&Taino 144]

We just had a baby yesterday. I am the proud father of a newborn son.

Congratulations!

[Shorah 2]

The baby puts your household size up to 3 don't forget, so check and see if you still meet the requirements.

In my situation we are using a co-sponsor.

My fiancee meets the requirements for us but he has 2 children from a previous marriage.

Him and his wife have joint custody but that puts our household size up to 4.

It couldn't hurt for you to have a co-sponsor.

You don't want to find out at the end of the process that you needed one and get set back.

This of course is just my opinion.

Congrats on the new baby!

[Gary and Alla 3,694]

This being my first post, I would like to take this opportunity to thank the creators and administrators of this wonderful site and to thank all the senior members who help answer everyone questions and to thank all the people who post their experience here...it has been of tremendous help to me and my fiancee during this difficult process. Once again "thank-you".

My question: Do I need a co-sponsor?

My situation: I'm a disabled veteran of the US army and I now receiving a pension from the Veterans Administration. My pension is enough for the 125% income requirement but I do not pay taxes and as I have been disabled for over five years I have no taxes returns for the last five years. I do not even get a 1099 just a letter every year stating my pension amount. I also receive Social Security Disability Insurance as I payed into SS for almost 20 years before I became disabled from my time in the military.

We hired a lawyer to file our K-1 for us and the lawyer says we need a co-sponsor but that is not what I have read at the governments web site. It says I need a co-sponsor if I am receiving "means-tested" benefits. VA pensions nor SSDI are "means-tested" benefits. There is a difference between Social Security Disable Insurance and Supplemental Security Insurance. SSI is "means-tested" SSDI is not. The government web site also says if you do not have tax returns you have to provide a letter explaining why. I had to do a "mail-in" audit by the US treasury department three years ago which shows my income and that Uncle Sam is fine with the fact I receive income but pay no taxes and I though of including that at her interview.

I asked my lawyer why I need a co-sponsor and they said because my fiancee is not "entitled" to benefits. She does not, nor will she receive any benefits. I receive benefits for doing my part for "freedom and democracy" and becoming disabled in the line of duty and one of those benefits is money to support a wife (foreign or domestic) and family now that I am no longer able to work. To my lawyers credit I understand that they want me to do everything to ensure the visa goes through but despite the fact they passed the New York bar exam and have been an immigration lawyer for over a dozen years they have been wrong on two other major issues concerning our visa. I think I can get someone to co-sponsor but i really don't want to go that route as it will take a lot of "groveling" on my part and I will never hear the end of it, so much to the point that we are considering her doing the interview and seeing if it is turned down first and then asking my family member to co-sponsor. It took us 6 months just to get all the paper work to file and now 5 months waiting for NOA2 so we are no strangers to waiting.

So I really wanted to get everyone opinion on this matter because if everyone thinks I do need a co-sponsor I will start groveling to my family member now as all I want is for my fiancee to come home. We just had a baby yesterday. I am the proud father of a newborn son.

They are wrong again.

Your income counts and you do not need a co-sponsor. What documentation do you have of the income? Check stubs? Direct deposit? All you must do is verify the income and you are fine.

the only income that does not count is welfare or other "means tested" income. Unemployment income, though it "counts" is often ignored because it is not permanent. You are fortunate that Kiev is an easy consulate to deal with regarding family based visas. If you show documentation of your income, there will be no problems in Kiev.

Congratulations on your new son! You will have to file a certificate of birth abroad in the consulate in Kiev and get him a US passport before she comes.