Fiance on disability, Affidavit of Support

[Trillian42 6]

Hi everyone,

I keep seeing conflicting information about the affidavit of support and decided to explain my situation here and get your feedback. Thank you very much in advance for any response.

My USC fiance is on disability benefit. He is not dependent on his mother, however, they live in the same house together with his stepfather. His mother is a retired teacher. We really don't wanna ask his stepfather to do anything.

Because my fiance's income is not enough for a household of 2 ($19,387), we asked his mother to be the co-sponsor. Both are filing a I-134 form.

First question is: Do we count a household of 4 now? If yes...

125% of HHS poverty guidelines for 2013 for a house of 4 is $29,437.

Neither my fiance nor his mother meet this requirement by themselves, but only if you add both their incomes.

So, my second question is: Will they allow for both their income to complement each other in order to meet the requirement? It would make sense since its the income of the household.

I know sometimes it depends on the embassy, in my case Rio de Janeiro. However, eventually we will have to file a I-864, and I'm looking to meet the requirements for that also.

Any feedback is greatly appreciated.

Edited May 31, 2013 by Trillian42

[Jamaica10 13]

The 125% is used for the I-864. For the I-134 it only has to be 100%. They will not combine both income but his mothers income will only have to prove that she's able to provide for you and herself. If she supports her husband then she will need to meet the income for a household of three. Double check it for your country

[Trillian42 6]

Thank you very much for your reply!

I tried to check it for my country, but I don't know where to get the information. I read everything on the embassy's website. You can only contact the embassy by e-mail. A month ago I sent them an e-mail about something else, never got a response. And I sent them an e-mail about this last week... no reply yet.

Edited May 31, 2013 by Trillian42

[KayDeeCee 4,893]

Your fiance's household size is 2: himself and you. His mother's household size is 3: herself, her husband and you. There is no combining of incomes with the I-134. The co-sponsor must qualify on their own for their household size. If his mother makes enough for a household of 3, then there should be no problem.

[Trillian42 6]

Your fiance's household size is 2: himself and you. His mother's household size is 3: herself, her husband and you. There is no combining of incomes with the I-134. The co-sponsor must qualify on their own for their household size. If his mother makes enough for a household of 3, then there should be no problem.

So you are saying her husband counts for her household even though he has a job and doesn't depend on her? His mother doesn't have anyone depending on her.

Thank you for the feedback

Edited May 31, 2013 by Trillian42

[KayDeeCee 4,893]

So you are saying her husband counts for her household even though he has a job and doesn't depend on her? His mother doesn't have anyone depending on her.

Thank you for the feedback

Yes. Household size is the sponsor, any spouse, any minor children, any other dependents claimed on their taxes and the intending immigrant. Whether she lists him as a dependent on the I-134 won't really matter much. The will calculate the amount needed for a household size that includes her spouse.

[Trillian42 6]

Yes. Household size is the sponsor, any spouse, any minor children, any other dependents claimed on their taxes and the intending immigrant. Whether she lists him as a dependent on the I-134 won't really matter much. The will calculate the amount needed for a household size that includes her spouse.

Thank you so much! I have one more question for you if you don't mind

Jamaica10 said it only needs to be 100% for I-134 and not 125%. Do agree with that?

I'll insist and try to get in contact with the embassy to check that, anyway.

Again, thank you!

EDIT: I'm sorry! I just saw J&L asked that same question in the other thread! And you answered it! So sorry!

Edited May 31, 2013 by Trillian42

[J & L 10]

I hope we'll both figure something out in time and that everything will go fine!

[Joanne and Adam 15]

The 125% is used for the I-864. For the I-134 it only has to be 100%. They will not combine both income but his mothers income will only have to prove that she's able to provide for you and herself. If she supports her husband then she will need to meet the income for a household of three. Double check it for your country

Hey, do you mind if I ask where you're getting this information from? My fiance and his mum are each filling out an I-134 and I've seen people putting figures on here like 100%/125% but I don't know where this information is coming from, is there a website that explains the requirements?

[Harpa Timsah 13,258]

Hey, do you mind if I ask where you're getting this information from? My fiance and his mum are each filling out an I-134 and I've seen people putting figures on here like 100%/125% but I don't know where this information is coming from, is there a website that explains the requirements?

The requirements are embassy specific. For a K1 you will eventually need 125% for AOS so you might as well plan for that, you'll need that same figure in a few months' time.

Edited May 31, 2013 by Harpa Timsah

[Joanne and Adam 15]

The requirements are embassy specific. For a K1 you will eventually need 125% for AOS so you might as well plan for that, you'll need that same figure in a few months' time.

Is it ok to use the co-sponsor again for the AOS?

My fiance is studying at the moment and he only has a part time job where the hours vary, so we're using his mum as a co sponsor cause she makes a decent wage in a permanent job. Once he's done studying he'll be able to get a well paid permanent job too but for now it's not really possible.

[skiptex 225]

Joanne.. don't hijack anohers thread.. it jus clutters the info.. post ur own.. so U can get ur answers asap..

[Joanne and Adam 15]

Joanne.. don't hijack anohers thread.. it jus clutters the info.. post ur own.. so U can get ur answers asap..

Woops sorry

I thought it was relevant stuff

[Hank_ 9,174]

The 125% is used for the I-864. For the I-134 it only has to be 100%. They will not combine both income but his mothers income will only have to prove that she's able to provide for you and herself. If she supports her husband then she will need to meet the income for a household of three. Double check it for your country

Do you have a link to that "fact" ? That may be an embassy specific requirement, I know for USEM they require 125% with the I-134.

http://www.uscis.gov/files/form/i-864p.pdf

[Trillian42 6]

I sent an e-mail to the Embassy again explaining my situation. This is what I put in the e-mail:

My USC fiance is on disability benefit. He is not dependent on his mother, however, they live in the same house together with his stepfather. His mother is a retired teacher. Because my fiance's income is not enough for a household of 2, we asked his mother to be the sponsor. Will you allow for both their incomes to complement each other in order to meet the requirement? How big will you consider my sponsor's household?

This is the answer I got:

"You will need a separate joint sponsor. If her income is not sufficient by itself. The sponsor must be able to be responsible according to the requirements for all members inside your future household as well as his/her household."

I'm posting this here because I don't think I'll ever get a straight answer, no matter what I do. So I need you guys help to decipher this!

First, I think "If her income is not sufficient by itself" was a typo, I think it was meant to be his income.

Second, I think the consulate will consider a household of 4 (me, my fiance, his mom and his stepfather). That is different from the requirements of the I-864, which wouldn't consider my fiance.

What do you guys think about this?

Why would the consulate have stronger requirements then the I-864?