Need co-sponsor or not ? Plz help !!

[KayDeeCee 4,893]

I am getting the affidavit of support for my fiance for him to bring to his interview. I went to my lawyer today who was being very rude, he told me that I do not need a co-sponsor for a fiance visa although I made only $9200 2010 working August to December. He said that I will not need a co-sponsor until my fiance gets here and is adjusting his status...Could you guys please tell me whether or not I will need a co-sponsor ?

You will need an affidavit of support(I-134) for the K-1 visa, and you will need another one(I-864) for adjustment of status. In both cases you will need to make 125% of the poverty guidelines for your household size: http://www.uscis.gov/files/form/i-864p.pdf

What are you making currently? Are you making enough for 125% or better? You said you made $9200 for Aug-Dec? Do you still make the same? That is for 5 months, which is $1840 a month. $1840 a month is $22,080 for a year. If that is what you are still earning, you make enough to cover the 125% for a household size of 2, if it is just you and your fiance. If you haven't filed your taxes for 2011, then file those before the interview, if they will show you made enough for an entire year.

If you are not making enough, then you will indeed need a co-sponsor for the I-134 and the I-864 after you are married.

[Omeka 14]

you need a co-sponsor to apply for the K1 visa cos 11k is far below the requirement for sponsorship.

[fin fin 5]

oh k. so i will need a co-sponsor ?? i will send my tax return for 2011 and my co-sponsor from 2010, will that be ok ?

[mike42979 57]

oh k. so i will need a co-sponsor ?? i will send my tax return for 2011 and my co-sponsor from 2010, will that be ok ?

FIN FIN this isnt that difficult; even if you were under the poverty guidelines for 2010 if you have since brought your earnings up to meet or exceed the poverty guideline you may still qualify on your own without a co-sponsor. 2010 tax return is not as important as current earnings although it helps to be over for consecutive years because it shows stability it is not necessary and is at the discretion of the IO.

[fin fin 5]

Mike42979......Do you think I will need a co-sponsor if I currently make 40hours a week $11an hour. I have a son for my fiance...I started working August of last year and made $9200...Do you think this will be good enough ???

[charlie471963 3]

I am getting the affidavit of support for my fiance for him to bring to his interview. I went to my lawyer today who was being very rude, he told me that I do not need a co-sponsor for a fiance visa although I made only $9200 2010 working August to December. He said that I will not need a co-sponsor until my fiance gets here and is adjusting his status...Could you guys please tell me whether or not I will need a co-sponsor ?

In ( some ) country's you dont need to turn in a I864 affidavit of support so in this way your lawyer is not lying ( but you do need to turn in a I134 ) which is the short form of a I864 and on that you have to show that you can support them and they dont turn into a public charge . if you cant prove that you can support them on the I134 then the embassy in his country will turn him down when he turns those papers . If you did better in 2011 I sugest that you use that year instead because you dont meet the poverty guide lines and if you still cant then find a sponsor

[LIFE'SJOURNEY 970]

The Jamaican consular will require that she turn in a 134 form, along with recent paystubbs to show that she is currently making the required income above proverty level for 3 people.

[Moomin 292]

Mike42979......Do you think I will need a co-sponsor if I currently make 40hours a week $11an hour. I have a son for my fiance...I started working August of last year and made $9200...Do you think this will be good enough ???

Your fiance has a son? Then the household size would be 3 people if the son is meant to go to the US. 18.000-and-something dollars would be for 2 people, not 3.

[fin fin 5]

Your fiance has a son? Then the household size would be 3 people if the son is meant to go to the US. 18.000-and-something dollars would be for 2 people, not 3.

My fiance and I have a son, he lives in the U.S with me

[fin fin 5]

The Jamaican consular will require that she turn in a 134 form, along with recent paystubbs to show that she is currently making the required income above proverty level for 3 people.

I make $11 an hour 40 hours a week, last year from August to December I made $9200. Would it be ok if I use my co-sponsor's tax return from 2010 ?

[LIFE'SJOURNEY 970]

I make $11 an hour 40 hours a week, last year from August to December I made $9200. Would it be ok if I use my co-sponsor's tax return from 2010 ?

I am not going to do the math for you, but I will give you the rules, nothing from last year will be used for consideration. So, for 3 people you need to make at least $23,162. You need to show recent paystubs to prove that you currently have income that will equal to or greater than $23,162 at the end of a 12 month calendar year period.

If you are not presently making the required income you will need a co-sponsor.

Edited February 12, 2012 by LIFE'SJOURNEY

[JimVaPhuong 4,863]

I make $11 an hour 40 hours a week, last year from August to December I made $9200. Would it be ok if I use my co-sponsor's tax return from 2010 ?

It depends on when the interview takes place. After the tax filing deadline they will presume that a tax return has been filed for the most recent tax year. The tax filing deadline this year is April 17th. This means that prior to April 17th they will want a return for the 2010 tax year, but will accept a return for the 2011 tax year if it's already been filed. After April 17th they will require a return for the 2011 tax year.

Your joint sponsor should also include proof that they are a US citizen or permanent resident.

Bear in mind that the consular officer has wide latitude when considering an I-134. They aren't required to accept a joint sponsor with a K visa application, and some consulates rarely accept them.

You might want to consider talking to a different lawyer. It sounds like the one you've hired doesn't have much experience with K1 visas. Nearly every US consulate in the world requires an affidavit of support with a K1 visa application, and the overwhelming majority of them use the I-134. There is specific guidance in the Foreign Affairs Manual about this. Your lawyer should have known this.

[dishajubayer 0]

Your Lawyer is full of S__eets. And $14,710.00 my A__SK.

I made 25906 do I need a co sponser??my lawyer send a wrong affidavit form and my fiances visa was refused last week.so I just wanna make sure she is doing the right thing this time.

[L+T 71]

That Calculation is CORRECT. But, jusy say without being Einstein. $18,387.00

#### I hate math

Really, your comments are not useful and i don't know why anyone would rely on critical information in these forums when it is available at government site. But to clear everything up for the gentleman, The I-134 requires 100% poverty level, and I-864 requires 125%. He will need 100% at time of interview, and 125% at time of adjustment to permanent. (reason needed to do the math Einstein), Therefore, his lawyer who you said is full of Sheets may be correct that he could need sponsor later, if not sooner.

[KayDeeCee 4,893]

Really, your comments are not useful and i don't know why anyone would rely on critical information in these forums when it is available at government site. But to clear everything up for the gentleman, The I-134 requires 100% poverty level, and I-864 requires 125%. He will need 100% at time of interview, and 125% at time of adjustment to permanent. (reason needed to do the math Einstein), Therefore, his lawyer who you said is full of Sheets may be correct that he could need sponsor later, if not sooner.

Except for the fact that most consulates still look for 125% with a K-1 using the I-134, since they will be needing the 125% for AOS soon after arriving in the US. The I-134 requirement is for 100%, but the form is used for other things besides the K-1 visa. It is completely up to the interviewing officer at the time of your interview. This is not just a black and white issue based on form requirements. Also, the OP is not a 'gentleman'. She is a female. It has already been cleared up that she will need a co-sponsor, as she does not make enough to cover a household of 3, even if it were based at 100%.