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Posted (edited)

Thank you very much, he is very sad and angry. His biggest issue is not really the fact that we got that blue paper, is the fact that he has to "prove" to anybody but me his love and ability to provide now or later. He hates the idea of not being able to just marry me and be happy, without so many obstacles in between. It's a good thing you gave me your perspective as i dont really know how to handle it, I am really sick right now and was at the time of the interview but i couldnt possibly not go to give him some moral support. But know im between my really bad flu and sadness, short for words or acts of kidness to ease his pain. I however told him, neither this or anything would possibly make me give up on us.

Thank you guys!! Better luck to you, I'll continue working on my case for now and let you know how that goes!

Thanks for the input.

My friend has has 0 dependents and my houselhold would be only me, my daughter and my fiance. As far as i understand she doesnt sponsor me. I dont know where you get i have a family of 4 and that she would have to support 5 people.

My apologies, I thought I saw your mother mentioned somewhere. Very well then. 4 people, including the co-sponsor. 125% of the poverty guidelines for 4 is $29,438. Just barely below the $30,000 that your co-sponsor makes. Was that $30,000 an exact figure or just an estimate? Maybe they need the exact figure, or the exact figure they got was below that.

Or maybe they thought that was just too close to accept, given it is a a co-sponsor and not the petitioner making that amount. Again, they are not required to accepte co-sponsors.

Edited by Leon & Mylen

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Child support is not "income" as it cannot be claimed on your income taxes. From what I am reading, your current income is $0. Your co-sponsor is a second household with an income of $30k, that household requires a minimum of about $19k for itself, leaving roughly $10k available for supporting your household. You are about $14k short.

Child support IS income and CAN be used on an affidavit of support. You just need to have a court order and show proof that you receive that amount each month, check stubs or bank statements showing the direct deposits will work for that.

The co-sponsor does not need enough income to support the USC and her household. They only need enough to support their own household plus the foreign fiance(e).

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

My apologies, I thought I saw your mother mentioned somewhere. Very well then. 4 people, including the co-sponsor. 125% of the poverty guidelines for 4 is $29,438. Just barely below the $30,000 that your co-sponsor makes. Was that $30,000 an exact figure or just an estimate? Maybe they need the exact figure, or the exact figure they got was below that.

Or maybe they thought that was just too close to accept, given it is a a co-sponsor and not the petitioner making that amount. Again, they are not required to accepte co-sponsors.

The co-sponsor does NOT need enough income for the USC and her USC child. The co-sponsor needs enough for their own household plus the foreign fiance(e). In this case, that would be 2. A USC does not require a sponsor. The only time a co/joint sponsor would count the USC in their household is if they claim them as a dependent on their taxes.

I am guessing they just did not accept a co-sponsor because the petitioner was unemployed. Some consulates and COs are more strict about the financials than others.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

The co-sponsor does NOT need enough income for the USC and her USC child. The co-sponsor needs enough for their own household plus the foreign fiance(e). In this case, that would be 2. A USC does not require a sponsor. The only time a co/joint sponsor would count the USC in their household is if they claim them as a dependent on their taxes.

I am guessing they just did not accept a co-sponsor because the petitioner was unemployed. Some consulates and COs are more strict about the financials than others.

This to me doens't make much sense then. If the USC doesn't need the sponsor, and doesn't support himself with any salary, then that begs the question...where is he getting his own money?

While it isn't a requirement, neither is proof of support in itself. The embassy can decide if they want to or don't. If they accept co-sponsors or don't. So perhaps they considered the above, and it is within their right to do so.

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Filed: AOS (apr) Country: Cyprus
Timeline
Posted

This to me doens't make much sense then. If the USC doesn't need the sponsor, and doesn't support himself with any salary, then that begs the question...where is he getting his own money?

While it isn't a requirement, neither is proof of support in itself. The embassy can decide if they want to or don't. If they accept co-sponsors or don't. So perhaps they considered the above, and it is within their right to do so.

Where the USC is getting his/her own money would not be relevant as long as a co sponsor is in place. It is not an issue with means tested

benefits for the USC. Best scenario would be OP gets a decent job asap in her circumstance which she stated would happen.

We are aware that the CO has been given discretion to accept or not accept a co sponsor, to issue or refuse a visa ....to do whatever the heck

they want to do.

It is a muddied non transparent obstacle course with banana peels nicely laid out just before the finish line while one prepares

according to embassy "guidelines" in theory. In short it sucks big time.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

This to me doens't make much sense then. If the USC doesn't need the sponsor, and doesn't support himself with any salary, then that begs the question...where is he getting his own money?

While it isn't a requirement, neither is proof of support in itself. The embassy can decide if they want to or don't. If they accept co-sponsors or don't. So perhaps they considered the above, and it is within their right to do so.

A USC is already here and a USC. They do not need sponsorship. The USC is supposed to show they can sponsor the foreign fiance(e). If the USC cannot do so, then that is where a co-sponsor comes into play. The co-sponsor agrees to sponsor the foreign fiance(e) instead. The co-sponsor does not have to support the USC, That is not the purpose of the affidavit of support. How the USC supports themselves is not the co-sponsors problem or responsibility unless they are the ones supporting them already and claiming them on their taxes.

Yes, it is the sole discretion of the CO to decide if they feel the intending immigrant will become a public charge or not. That does not change the fact that the USC is not part of the co-sponsor's household size unless they already support them and claim them on their taxes.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted (edited)

All I'm saying is that when they saw that the co-sponsor makes only $30,000 and saw that the USC makes zero and the fiance is bringing a child, while technically the co-sponsor does not have to support the USC, they still saw it as a very shaky or unsupportable situation and wanted more proof she will not become a public charge, because, again, they are not required to approve on a co-sponsor at all anyways.

Edited by Leon & Mylen

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

All I'm saying is that when they saw that the co-sponsor makes only $30,000 and saw that the USC makes zero and the fiance is bringing a child, while technically the co-sponsor does not have to support the USC, they still saw it as a very shaky or unsupportable situation and wanted more proof she will not become a public charge, because, again, they are not required to approve on a co-sponsor at all anyways.

You were stating the household size for the co-sponsor was 4 people. I was clearing up that bit of misinformation so you and others reading this will know a co-sponsor does not include the USC in their household count.. The co-sponsor's household size in this case is 2. The fiance is not bringing a child. The child is a USC and lives with the USC petitioner who receives child support.

I already know the CO is under no obligation to accept a co-sponsor. They could say no even if the USC was the one earning $30k. It is completely up to them. I already stated earlier in this thread that it could be because the USC is unemployed and did not want to accept the co-sponsor because they would rather have seen a relative as the co-sponsor(as some consulates prefer) or because they simply did not want to accept the co-sponsor at all and feel with the USC unemployed the fiance has a large chance of becoming a public charge. We do not know exactly what the CO thought in making the decision,

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

You were stating the household size for the co-sponsor was 4 people. I was clearing up that bit of misinformation so you and others reading this will know a co-sponsor does not include the USC in their household count.. The co-sponsor's household size in this case is 2. The fiance is not bringing a child. The child is a USC and lives with the USC petitioner who receives child support.

I already know the CO is under no obligation to accept a co-sponsor. They could say no even if the USC was the one earning $30k. It is completely up to them. I already stated earlier in this thread that it could be because the USC is unemployed and did not want to accept the co-sponsor because they would rather have seen a relative as the co-sponsor(as some consulates prefer) or because they simply did not want to accept the co-sponsor at all and feel with the USC unemployed the fiance has a large chance of becoming a public charge. We do not know exactly what the CO thought in making the decision,

I never said the household size for the co-sponsor was 4, or 5, people. Re-read carefully. I just stated what 125% of the poverty level was for those number of people. I did state, however, that they may have looked at his salary, the USC's salary, and the fact that the poverty level for a household size of 4 or 5 people is at or more than $30,000, and made a conclusion that there isn't enough proof she won't become a public charge. We agree though that, technically, the co-sponsor does not need to put 4 people (including himself) on the I-134.

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

Oh my, all the technicalities here now. The co-sponsor was a friend. The CO knew very well the friend would not be responsible for supporting their entire household, which is not even the responsibility of the co-sponsor to begin with. I know how to read, and I read very well, thank you though.

Stating the co-sponsor needed enough for 4 or 5 people only confused things, It is cleared up now, so all is good.

Edited by Jay-Kay

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted (edited)

Oh my, all the technicalities here now. The co-sponsor was a friend. The CO knew very well the friend would not be responsible for supporting their entire household, which is not even the responsibility of the co-sponsor to begin with. I know how to read, and I read very well, thank you though.

Lol, I never suggested you can't read, either, but, anyhow, exactly. So therefore, the CO probably didn't see this co-sponsorship working out due to the salary of the USC and the farce that he would supposedly be the one supporting her while the USC is supposed to support himself and her child with zero salary.

Edited by Leon & Mylen

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Filed: K-1 Visa Country: Venezuela
Timeline
Posted

Lol, I never suggested you can't read, either, but, anyhow, exactly. So therefore, the CO probably didn't see this co-sponsorship working out due to the salary of the USC and the farce that he would supposedly be the one supporting her while the USC is supposed to support himself and her child with zero salary.

The co-sponsor at this point is merely to fill consular requirements, by the time of the wedding and the AOS i would need the real sponsor, a Job or both for the I864.

I understand why it might seem shaky, but with zero living expenses due to living with my mom, a child support of 500$ monthly, savings and the possibilities of finding another job i dont get where the FARCE is that my friend would "Supposedly support" my fiance not me...and only while he is on the K1 status.

But then again, it all goes back to the CO mood that day, or God knows what...they are the ones who make the decitions, and as a prove is what they replied to the email that i sent yesterday.

Joint sponsors who do not reside with the principal sponsor will be considered members of a second household. As you may see from the poverty guidelines, splitting the sponsorship between multiple households will increase the minimum required total income, often substantially. For example, two households of 2 people each would require a minimum income of $36,424, while a single household of 4 individuals would only need $27,562. It should be noted that these are minimum requirements; as you can see below additional proof of support may occasionally be required in certain cases.

I never read anything about this before, I never knew this is how they see it. I though that as long as your co-sponsor had enough money for their household size (125%) , stable job and upto date taxes, that would be enough. My friend has no dependents so her household size should be 2 right (her and my fiance)? meaning her income at a 125% should be more than 19,387....Well, she makes 30,000 a year. Yet, it was not accepted because i need someone who makes more...c'mon!! This is BS!!!...it would have been better to just tell me "Honey, go get a job and see you back here in a few months" it wouldnt have bother me as much as this ####### above!!

Oh and get this, the Poverty guidelines sent to me on that email are from 2009...you can tell they care to help!!

It is so frustraiting!!!!!!!!!!!!!!!!!!!!!!!!!! I have sent like 5 emails already and their answer is always short, not what i was asking, confusing, etc.

It is just like another VJ member above said....dirty road with banana peels everywhere.

For now, me and my fiance have to be separated one more time, for god knows how much more...this is making me so angry and frustrated!!!!

But there wont be power, law or person able to keep us from persuing our dreams and being together.

Lets just pray it would come to a happy end...i need this bad :(

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Posted

The co-sponsor at this point is merely to fill consular requirements, by the time of the wedding and the AOS i would need the real sponsor, a Job or both for the I864.

I understand why it might seem shaky, but with zero living expenses due to living with my mom, a child support of 500$ monthly, savings and the possibilities of finding another job i dont get where the FARCE is that my friend would "Supposedly support" my fiance not me...and only while he is on the K1 status.

But then again, it all goes back to the CO mood that day, or God knows what...they are the ones who make the decitions, and as a prove is what they replied to the email that i sent yesterday.

Joint sponsors who do not reside with the principal sponsor will be considered members of a second household. As you may see from the poverty guidelines, splitting the sponsorship between multiple households will increase the minimum required total income, often substantially. For example, two households of 2 people each would require a minimum income of $36,424, while a single household of 4 individuals would only need $27,562. It should be noted that these are minimum requirements; as you can see below additional proof of support may occasionally be required in certain cases.

I never read anything about this before, I never knew this is how they see it. I though that as long as your co-sponsor had enough money for their household size (125%) , stable job and upto date taxes, that would be enough. My friend has no dependents so her household size should be 2 right (her and my fiance)? meaning her income at a 125% should be more than 19,387....Well, she makes 30,000 a year. Yet, it was not accepted because i need someone who makes more...c'mon!! This is BS!!!...it would have been better to just tell me "Honey, go get a job and see you back here in a few months" it wouldnt have bother me as much as this ####### above!!

Oh and get this, the Poverty guidelines sent to me on that email are from 2009...you can tell they care to help!!

It is so frustraiting!!!!!!!!!!!!!!!!!!!!!!!!!! I have sent like 5 emails already and their answer is always short, not what i was asking, confusing, etc.

It is just like another VJ member above said....dirty road with banana peels everywhere.

For now, me and my fiance have to be separated one more time, for god knows how much more...this is making me so angry and frustrated!!!!

But there wont be power, law or person able to keep us from persuing our dreams and being together.

Lets just pray it would come to a happy end...i need this bad :(

Perhaps I'm reading this wrong, but it looks like from the email they sent you, it explains why you were rejected on a cosponsor only making $30,000. If the co-sponsor is not living with your fiance, then he is supporting multiple households (his and your fiance's). Am I wrong on this?

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Filed: K-1 Visa Country: Venezuela
Timeline
Posted

Right....if the co-sponsor is not living with US then he would have to support 2 households...hers and ours!!....i thought it was supposed to be just his household plus fiance. But i guess i was wrong.........or thats what they want me to believe, i dont know anymore....i dont get how a household of 2 just because does not reside with me it has to be 36,000 a year instead 19,387

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Posted

Right....if the co-sponsor is not living with US then he would have to support 2 households...hers and ours!!....i thought it was supposed to be just his household plus fiance. But i guess i was wrong.........or thats what they want me to believe, i dont know anymore....i dont get how a household of 2 just because does not reside with me it has to be 36,000 a year instead 19,387

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Well because it is more expensive to pay for two residences as opposed to one, even if the total number of people living in both are the same. It's the same reason people room together as opposed to each getting their own place.

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