Co-Sponsor

[eternalcompanion 3]

The joint sponsor can fill out either an I-134 or an I-864. Traditionally, Manila is looking for an I-134, but has accepted I-864's. An I-864 is a better idea because it is legally binding and it's also the form a joint sponsor would provide for you when you adjusted your status.

The I-864 must be an original, not a copy. The supporting documents can be scanned/copies.

His 2011 income will not be enough for a household of three to exceed 125% of the poverty line. However, the good news is that the consular officer will also look at his current sustained income based upon his current paycheck stubs. His current sustained income exceeds 125% of the poverty line for his household size.

I always advocate playing it safe when it comes to incomes which are close to the poverty guidelines. That's why I would recommend:

1. Attempt to submit your joint sponsor's I-864 and it's supporting documents to the Filipino pre-screener. If that doesn't work, attempt to submit them to the consular officer. Also, make sure the consular officer knows that your fiancé's current sustained income exceeds 125% of the poverty level for 2012.

2. Let the consular officer know about your potential to get a job in the U.S. Do you have a college education, a work history, or any special skills?

3. If your fiancé has any liquid assets, he can document those assets and use them to strengthen his case. Liquid assets are assets which can be converted into cash within one year. Money in the bank? Money market accounts? Retirement accounts? Submitting a professional appraisal of his house and proof of the outstanding balance on his mortgage will help if he has a lot of equity in his house.

4. Have your fiancé attend your interview.

The other thing you could do is to postpone your interview until January 2013 until after your fiancé has filed his 2012 income tax return. Then you can use his 2012 income tax return during your interview. However, it still might be a good idea to use a joint sponsor. Keep in mind that Manila accepts joint sponsors for K-1 cases maybe 50% of the time.

PS...I don't think your joint sponsors can combine their incomes. You need to have only one qualifying joint sponsor.

Thank you so much for giving me these ideas. May I ask when is the filing of US 2012 ITR begins? I am reluctant of scheduling my interview in January 2013 as my daughter is about to turn 21 in April 2013. Will I be having problem with that also? But you are right, I really need to cancel my interview on the 10th. I don't have the co-sponsorhip documents yet with me. This is very enlightening. It opened my eyes to options and possibilities. I tried to schedule my interview this early December because I am trying to catch on cheaper flights after Christmas in case we will be granted visa. Flights for January are too high. I focused too much on the flight rates, sidestepping the fact that I need to concentrate first on the approval of the visa.

[Tahoma 2,292]

Thank you so much for giving me these ideas. May I ask when is the filing of US 2012 ITR begins? I am reluctant of scheduling my interview in January 2013 as my daughter is about to turn 21 in April 2013. Will I be having problem with that also? But you are right, I really need to cancel my interview on the 10th. I don't have the co-sponsorhip documents yet with me. This is very enlightening. It opened my eyes to options and possibilities. I tried to schedule my interview this early December because I am trying to catch on cheaper flights after Christmas in case we will be granted visa. Flights for January are too high. I focused too much on the flight rates, sidestepping the fact that I need to concentrate first on the approval of the visa.

Income tax time starts on January 1. However, employers do not have to send employees their W-2 wage statements until January 31. This could cause a problem because your fiancé would not be able to file his income tax return until January 31 or later.

Here is a good idea: Do not cancel your interview. I say this because you can go to your interview and submit your fiancé's 2011 income tax return and his current paycheck stubs along with the other requirements. I realize that you may not be able to submit your joint sponsor's documents at that time. However, there is a good chance that you will be approved based upon your fiancé's current sustained income which exceeds 125% of the poverty line.

If you receive a 221g at your interview (for not meeting the income guidelines), then you would still be allowed one year in which to submit documents to show your fiancé's increased income. Then you could submit his 2012 income tax return and your joint sponsor's documents. You would not have to go back for another interview, so it would save you some time.

I am not very familiar with the aging-out issue, so I can't be of much help there. If you are feeling a time crunch there, then it would be a good idea to attend your interview and let the cards fall where they may.

[eternalcompanion 3]

Thank you so much for these enlightening recommendations. Made me consider the options and look at the possibilities.

1. Attempt to submit your joint sponsor's I-864 and it's supporting documents to the Filipino pre-screener. If that doesn't work, attempt to submit them to the consular officer. Also, make sure the consular officer knows that your fiancé's current sustained income exceeds 125% of the poverty level for 2012.

We will be doing these papers this week.

2. Let the consular officer know about your potential to get a job in the U.S. Do you have a college education, a work history, or any special skills?

I am a court stenographer by profession and my daughter is in her 4th year civil engineering studies.

3. If your fiancé has any liquid assets, he can document those assets and use them to strengthen his case. Liquid assets are assets which can be converted into cash within one year. Money in the bank? Money market accounts? Retirement accounts? Submitting a professional appraisal of his house and proof of the outstanding balance on his mortgage will help if he has a lot of equity in his house.

We have the professional appraisal of the house and lot he inherited from his mom fully paid with appraised amount of 32K to 40K. No money in the bank, no retirement account, no money market account.

4. Have your fiancé attend your interview. Not financially possible.

The other thing you could do is to postpone your interview until January 2013 until after your fiancé has filed his 2012 income tax return. Then you can use his 2012 income tax return during your interview.

When is the filing of 2012 ITR in the US begins? My concern also is about my daughter's aging out. She will turn 21 in April 2013. So I need to move fast also.

I tried to schedule my interview earlier (December 10) because in case we will be approved, there are cheaper flights after the Christmas season. Flights in January is way too high and we could not afford it.

But then, again, i am very thankful for the recommendations and suggestions Tahoma. I appreciate every advise from all of you here. You really help me see the complete scenario of where we really stand with regard the CO. I already copy paste this topic to my petitioner so he will also be informed.

[eternalcompanion 3]

Income tax time starts on January 1. However, employers do not have to send employees their W-2 wage statements until January 31. This could cause a problem because your fiancé would not be able to file his income tax return until January 31 or later.

Here is a good idea: Do not cancel your interview. I say this because you can go to your interview and submit your fiancé's 2011 income tax return and his current paycheck stubs along with the other requirements. I realize that you may not be able to submit your joint sponsor's documents at that time. However, there is a good chance that you will be approved based upon your fiancé's current sustained income which exceeds 125% of the poverty line.

If you receive a 221g at your interview (for not meeting the income guidelines), then you would still be allowed one year in which to submit documents to show your fiancé's increased income. Then you could submit his 2012 income tax return and your joint sponsor's documents. You would not have to go back for another interview, so it would save you some time.

I am not very familiar with the aging-out issue, so I can't be of much help there. If you are feeling a time crunch there, then it would be a good idea to attend your interview and let the cards fall where they may.

I was looking at my reply after i typed it and didn't see it was posted so I tried to create another specific answers and when I posted the same, i saw this reply of yours. You are amazing! Such a big help for someone who really is in a quandary on what to think and do. You are my guardian angel!

[Hank_ 9,174]

He only started with his part time job last November of 2011 and he has no tax return yet for 2012 showing his part time job. We will only submit his pay stubs for the year and the certificate of employment. We have the tax transcripts for 2009, 2010 and 2011 (without the part time job yet) and we will also submit the appraiser of his house and lot for back up. I like the way you said it. "Never DO-DO when DO will DO."

He filed his 2011 taxes so his part time job will show up on his tax return being he started working there in November 2011, from there it can be explained in a letter that he only started in November and then have current pay stubs and an employment letter to verify the yearly income. Havng the appraisel of the house is good but you also need a copy of the mortgage amortization to show that current balance in order to show equity.

Your situation is similar to mine as I am retired also, but I do not have a part time job. I did bring an appraisel on the house, etc but didn't really need it.

[sunandmoon 450]

on the age out issue, the daughter will need to enter the U.S. before turning 21.

[eternalcompanion 3]

He filed his 2011 taxes so his part time job will show up on his tax return being he started working there in November 2011, from there it can be explained in a letter that he only started in November and then have current pay stubs and an employment letter to verify the yearly income. Havng the appraisel of the house is good but you also need a copy of the mortgage amortization to show that current balance in order to show equity.

The house is fully paid.

Your situation is similar to mine as I am retired also, but I do not have a part time job. I did bring an appraisel on the house, etc but didn't really need it.

But at least your pension is above the poverty guidelines right? By the way, I am the Filipina fiancee speaking. Sorry for putting the name of my petitioner in the account. I thought he would like to join here but he is not "savvy" according to him to this kind of forums.

[eternalcompanion 3]

on the age out issue, the daughter will need to enter the U.S. before turning 21.

Thank you for this information. Once her feet is in the US soil. Somebody told me that the clock will stop ticking for my daughter's age once we receive the NOA1 of the AOS. I requested for an expedite for reason of aging out but was denied. Now I can relax with the age issue. Thanks again.

[Hank_ 9,174]

With the house not having a mortgage you for sure don't need to muddy the waters with a co-sponsor, but I also think with between the pension and part time job all will be fine.

[eternalcompanion 3]

With the house not having a mortgage you for sure don't need to muddy the waters with a co-sponsor, but I also think with between the pension and part time job all will be fine.

Thank you for making me feel confident.