( K1 approved) petitoner is On SSDI and depressed, 2012 Earnings only $15K but 2013 $20k!

[Paps IR5 6]

He did not use a co sponsor.

he did not? who? what?

[sammdt 4]

Hi there! I would like to give an unsolicited advice...since the K1 is approved, just go on and have the interview, and if it didn't work, he could go to the PI and marry the fiance...I know someone who had an interview at USEM last January 2013, and the guy here in the US is receiving SSDI, she was denied due to the reason that the petitioner is receiving money from the government and he's not capable of supporting the beneficiary...but as what others say, it always a case to case with regards to using a co-sponsor, just try every possible way...and always have plan A and B...goodluck to your friends!

[Paps IR5 6]

Hi there! I would like to give an unsolicited advice...since the K1 is approved, just go on and have the interview, and if it didn't work, he could go to the PI and marry the fiance...I know someone who had an interview at USEM last January 2013, and the guy here in the US is receiving SSDI, she was denied due to the reason that the petitioner is receiving money from the government and he's not capable of supporting the beneficiary...but as what others say, it always a case to case with regards to using a co-sponsor, just try every possible way...and always have plan A and B...goodluck to your friends!

Thank you for being positive about this. I will suggest it to him.

[EndlessStory 53]

So you mean to say, go ahead and have that interview going this year and go with current income?

I would go ahead and schedule interview and go for it! Have faith. Good luck on your journey

[Paps IR5 6]

I would go ahead and schedule interview and go for it! Have faith. Good luck on your journey

OK thank you. He is just reluctant to use 864a risk! He is not sure if his dad would do co-sponsor even it is accepted. So I think he is just going to play it by air. Thank you ALL once again!

Edited November 6, 2013 by Paps IR5

[Kelli/Ozzy 8]

also, you stated once she comes to america, they would marry and she would work asap. that won't be able to happen because after marriage you need $1,070.00 to file for her AOS (adjustment of status) which includes her application for the green card, ability to travel outside the US and the ability to work, until you have this approval she won't be able to work.

I don't mean to rain on any parade, just wanted to give as much facts as i'm aware of since i brought my husband last November, we married in December 2012, i filed for AOS in April or May of 2013 and he got his work papers and ability to travel around the beginning of July 2013. still waiting for green card.

as always, good luck and if there is love, there is a way

[Hank_ 9,174]

Not for me, this is for the guy I know Please suggest what to do!

His k1 just got approved last month. The girl has 2 kids but planning them FOLLOW-TO-JOIN later since his earning is not qualified for 4 household. His plan to bring his fiancee only. But here's the real problem that he is depressed about.

He is on SSDI and his earning last year 2012 doest not look promising. (TAX 2012 only $15K).

Although, his 2013 he said he is speculating to be making $20k.

He plans to delay the interview next year until he files the tax 2013 that way he can be qualified for poverty guidelines.

He is worried that he might not get approved because his last 2 years earnings were only around $15k.

Will this cause problem even tho his recent income 2013 is at least just above poverty guidelines for just his fiancee $20K.

What do you think guys?

Shall we go ahead and have interview now with 2012 income only $15k

or wait file 2013 tax (speculation earnings is at least $20k in 2013) first then continue the interview next year?

Thank you!

Personally if his income is at $20K now I would drag feet a few months before doing interview so he has his 2013 tax return showing the "acceptable" income. The petition validity can be extended up to a year, simple call to the embassy.

As for a co-sponsor in Manila, if he goes that route it needs to be a relative for him to even stand a chance at it being accepted with the K-1, but still no guarantees.

The is no issue with his fiancee's children to follow later, it will not have an adverse affect on things.

[Cathi 5,747]

I am no expert on SSDI but I think they only allow earnings above a certain amount for a limited period, so not sure how you can count both.

From what I see people with SSDI mainly work off the books, but that is no use for sponsorship.

Not true, they include the entire SSDI income. SSDI is permanent disability, as long as his disability continues and he has proof of said disability, it will continue for life. SSDI is not welfare, like many people think, it is NOT a means tested benefit and therefore can be used for affidavit of support. When you pay taxes on your income, a certain percentage goes to SSDI disability insurance. The amount you get is based on how much you earned and contributed before becoming disabled. I have lupus and I have been on SSDI for about 10 years, they used 100% of my SSDI on the I 864. And it isn't true that SSDI people work off the books, people on SSDI are allowed to work and earn up to $1100 a month to supplement their income if they want. I work because I have a son in college, and my work income I use to pay his tuition. I started working this past May, long after I used my SSDI income for my husbands affidavit of support, it was my only income at the time. But my SSDI income is far above what the OP says her friend earns.

[Paps IR5 6]

also, you stated once she comes to america, they would marry and she would work asap. that won't be able to happen because after marriage you need $1,070.00 to file for her AOS (adjustment of status) which includes her application for the green card, ability to travel outside the US and the ability to work, until you have this approval she won't be able to work.

I don't mean to rain on any parade, just wanted to give as much facts as i'm aware of since i brought my husband last November, we married in December 2012, i filed for AOS in April or May of 2013 and he got his work papers and ability to travel around the beginning of July 2013. still waiting for green card.

as always, good luck and if there is love, there is a way

for Adjustment money he has been saving for it for that purpose. Yes he is aware of the expenses e.g. medical visa fee and plane ticket. He's got money for that. He just need to know whether to go ahead set the interview now or wait after filing 2013 tax?